The Psychology of Western Military Codes
Determining bailments and negotiable instruments can seem difficult especially in the light of fraudulent activity. There are very specific key elements to each of these and one must look closely at law to determine the actual validity of each of these terms and be able to specifically associaste these elements. Sometimes it is a gray area which may even leave the door open for a prevailing case decision in a court of law. 1. Please explain if a bailment was created as between Andy and Billy, and if Andy committed conversion.
Andy borrowed Billy’s laptop and there was no exchange of monies nor a contract or sale. It was lent and borrowed among friends. Billy, even though he asked if Andy could look at the problem of the laptop shutting down it was not a request or an order despite the fact that Andy is a technician. Ther was not a consideration in which to loan Andy the laptop and without a form of consideration or benefit there is generally not a bailment. The benefit of obtaining a laptop illegally will not help this situation.
Delivery, acceptance, and consideration are needed elements to form a proper bailment. Where no bailment exists there cannot be a conversion. 2. Is Carrier liable for the destruction of the laptop computer? The carrier is not liable for the destruction. This lightening was an act of god and thus the carrier’s insurance would be liable for the cost though many private insurances may not cover damaged property of another when there is no proof of the item or the carrier was not a commercial carrier outfit.
If the carrier was a commercial outfit then the liabilities would indeed lie within the carrier or the insurance companies despite the fact that at this time the laptop was in the process of being stolen. 3. Please explain if the agreement between Billy and Mega Corporation falls within the scope of the Statute of Frauds and if so, would such an agreement be enforceable. The sale of the anti-virus software does indeed fall within the statute of fraud. Billy had no legal claim upon the program that Andy developed. He had no permissions in which to use, sell, market or otherwise.
Had Billy been given any form of permission to associate himself with this software the agreement would be more enforceable but where there is fraud there cannot be a legal claim as one outweighs the other. Additionally there was no written contract. There was an oral contract and a negotiable instrument. The negotiable instrument is legal but “contract” may be deemed unacceptable as it was oral. With the fraud potential, Billy will be liable for restitution of the monies paid to him by the Mega Corporation. In the end, this agreement is not enforceable in anyway.
There are no warranties and the monies will eventually ordered to be returned and Andy in the future may file a claim against Billy as he also was defrauded. 4. Did Billy violate any warranties in his sale of the software to Mega Corporation? Mega Corporation may believe that Billy violated terms of warranty but in fact he did not. There was an oral agreement, no warranty express or implied. The software should have never been distributed and Billy actually will face grand larceny issues among other less legal issues.
With the statute of fraud at play Billy will not be held liable in the aspects of having to pay the company or do additional work regarding the specific issue of the software failing. He will be liable for all reason under and associated with fraud instead and this may include a high price of restitution. 5. Advise Billy on the necessary requirements to create a negotiable instrument with Andy. A negotiable instrument is a written promise to pay; a promissory note; or an instrument payable to someone called a bearer.
The rights of the transfer of a monetary promise happened by the endorsement from Billy to Andy. Even though the money came from a fraudulent source, Billy, upon his signature is liable for the check written to Andy. Billy will also be liable to Andy outside of this legal negotiable instrument. Billy will be liable for fraud against Andy for the unauthorized negotiations of the software in whatever way a court decides. In the end billy will be liable to everyone and the monies he made off the sale of the software will have to be recompensated as well as monies awarded to Andy.
Furthermore if it can be proven that Billy had no right to send the laptop through the carrier, this may exonerate the carrier from responsibility. Works Cited Law for Business 15th ed. by Janet E. Ashcroft, J. D. (Ashcroft, J. E. (2005). Law for business. Mason, Ohio: Thomson/South-Western. ) Posch, Robert. Bailments-A Practical Legal Area. December 1, 1994 http://www. allbusiness. com/legal/laws-government-regulations-business/481965-1. html Aaron Larson. The Statute of Frauds and Contract Law. October 2003 http://www. expertlaw. com/library/business/statute_of_frauds. html
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