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Question
Which of the following was the result on appeal in Martha A. Nix and Charles E. Upham v. Skip Wick, Christie Wick, and James Oldfield, the case in the text in which the plaintiffs sued claiming that in addition to a written agreement regarding the purchase of land, they were orally promised the sale of additional land which the facts later revealed was not actually owned by the seller?
A. That the actual owner of the land would be forced to convey the property.
B. That under the statute of frauds, the entire contract of sale would be rescinded but that the plaintiff would not receive damages.
C. That the contract would be enforced, but that the seller would be forced to pay the plaintiff's damages because of the portion of the land that could not be conveyed.
D. That under the statute of frauds, the contract would be rescinded and that the plaintiff was entitled to damages.
E. That the statute of frauds rendered void allegations regarding the sale of the land owned by the other party.
Answer
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Related questions
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Which is not an intention tort against one's economic interest?
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C. When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
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Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
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B. An administrative law judge
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E. A jury
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DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.