BUS Business Law Discussion

1. I have attached the instructions and requirements in the attachment.

2. Must be unique words (your own words) Do not copy from websites.

3. Please pay attention to grammar and spelling as they are very important details. ( Important details)

4. There must be at least one reference to the chapter/page/lecture (The reference should be from the class book and not from external sources). FOR EXAMPLE (chapter 10 section 3). (Important details)

5. THIS IS THE BOOK YOU NEED TO USE:

(Business Law and the Legal Environment)

This is the link for book:

Business Law and the Legal Environment | OER Commons

Thanks.

Jury
THE CASE OF THE MEETING OF THE MINDS
Plaintiff Walker signed a five-year commercial lease in July 2009 with the Defendant,
Oakshade Town Center, for space in a shopping center in Davis, CA. A provision of the
lease stated: “Lessee does not rely on the fact nor does Lessor represent that any
specific Lessee of type or number of Lessees shall, during the term of this lease,
occupy any space in the Shopping Center”. Walker vacated the premises in April 2011
and sued Defendant for rescission and damages.
The Trial
Plaintiff alleges that he entered into the lease in reliance on false statements made by
the defendant and its agent; that Starbucks, Applebee’s, and Dos Coyotes would be
leasing and occupying sites near his and that they would commence operations by the
end of 2009. Starbucks and Applebee’s never leased space. Dos Coyotes became a
tenant but not until December 2010.
Defendant admits that his agent discussed other tenants with the Plaintiff. Defendant
disputes the misrepresentation, claiming they were not statements of fact, but
statements of opinion about possible future conduct and alleges, in any event, the
alleged misrepresentation was not material to the Plaintiff because of the provision in
the lease (stated above).
Questions to Discuss
1. What do you think was the single biggest mistake made by Walker?
2. Do you believe the Defendant committed misrepresentation (fraud) and
why or why not? Be specific by using the facts and the definition of
misrepresentation and any defenses for the defendant if needed.
3. Could Walker or Defendant have done anything to have avoided the
problem, if there was one?
•
There must be at least one reference to chapter/page/lecture note in a student’s
discussion.
•
Spelling and grammar are a part of the grading and deductions will be taken
if there are errors in these areas.