Bart is the new CEO of Firm co. His salary is 1 million dollars per year. He had to sign a contract with Firm Co. a publishing company which specializes in children's books. The contract includes a morality clause which states in part, "Bart agrees not to engage in conduct which will negatively impact the family friendly image of Firm Co. as a condition of his employment" The contract further read "If Bart is every convicted of a misdemeanor or felony he will be considered in violation of the Morality clause in this contract." One night Bart agreed to an interview with the editor of the Wall Street Journal. During the interview Bart made a comment that he thought was off the record. Bart said, "I have no idea how I made it to CEO at this company, I really do not like kids and will never have any..."
The next day the headline in the Wall Street Journal was "CEO of Firm Co. Doesn't like Children!" The next day Bart was informed by his company that he was being discharged for violation of the morality clause in his contract. Bart proceeded to contact a lawyer to see if he can sue Firm Co. and the Wall Street Journal.
Explain Bart's possible legal claims and the defenses available to the parties. Please include and define all applicable legal terms and definitions in your answer.
Janet sold her restaurant to Kevin Katz for $50,000. The assets of the business included all of the cooking equipment, dinner tables and chairs as well as customer list. The liabilities included the amounts still owing on the new walk in freezer which was also considered collateral for the secured loan to the Bank in the amount of $10,000.00
As part of the sale contract Katz agreed to indemnify Janet on the outstanding debts of the Restaurant. After six months Katz failed to make an installment payment on the Freezer loan when it was due. The Bank sued Jones. Jones claimed she no longer was liable. Katz a few weeks later closed the restaurant because he could not afford to continue operations.
Janet failed to incorporate her restaurant. She owns a house and a car which are paid for.
She has sent a letter to Katz asking him to honor his agreement to indemnify her as to the Bank. What are the rights and duties of Janet? Will she lose her house? Please include and define all applicable legal terms and definitions in your answer.
On January 1, 2013, Bill was diagnosed with cancer. At the time of his diagnosis, Bill owed $30,000 in credit card debt, and owned his house outright with no mortgage. His house was appraised at the time as being worth $250,000.
Bill's daughter Ellen, hearing about Bill's condition and worried a hospital would try to attach the house had Bill name her Power of Attorney. Her first act as Bill Power of Attorney was to deed Bill's house to her Son John. John did not give Ellen any money in return for the deed to the house.
Bill passed away on May 1, 2013, after accumulating $60,000 of bills to the hospice center. When approached to pay the bill, Ellen stated to the hospice center that she has no obligation to pay the bill and Bill at the time of death did not even own a house.
Please describe the legal issued involved. Please detail whether or not the hospice care facility can recover their debt and if so from whom? Will Either Ellen or John have to sign over the house to the Hospice center?