Please help. I would appreciate it if you answered according to the following directions:
1)Limit the answer to: (Use times new roman, 10 font with half-inch margins)
-Question 1 to one half page (your page 1).
-Question 2: to one page – all bullets must fit on one page (your page 2).
2)Not to use any information other than what can be found in a typical college law textbook. Please don't use outside sources. My textbook Business Law Today, 9th ed Standard Edition by Miller & Jentz.
3) Answer all bullets to have a chance at full credit – the points are noted after each bullet. Please answer the bullets in order.
4) Please answer the questions in a thorough, complete, and concise manner. Thank you.
In May 1996, ABC Funeral homes (ABC) hired Baker Company (Baker) to build an addition to ABC's Funeral home. The parties' contract did not specify a date for the completion of the work. The city issued a building permit for the project on June 14th, and Baker began work two weeks later. There was some delay in construction because ABC asked that no work be done during funeral services, but by the end of March 1997, the work was substantially completed. The city issued a "Certificate of Completion" on April 15th. During the construction, ABC made periodic payments to Baker, but there was a balance due to Baker ($18,000.) which ABC did not pay. To recover, Baker sued in state court and ABC counter-claimed for lost profits due to the delays in construction and for corrections ($6,000.) that had to be made due to Baker's poor workmanship. Discuss the following questions completely and yet concisely:
- The contract issues (3).
- The relevant contract concepts that apply (2).
- Which party has a valid claim for a remedy from the court and what that remedy should be (2).
Assume that the City of Sedona AZ passes an ordinance, which states that T-Shirt vendors can do business in uptown Business District, only if they have been in the T-Shirt business for at least five years. The city never held any hearing about the ordinance. The effect of the ordinance is that now, only two companies can sell T-Shirts and all others cannot. The reason for the law was to try and rid the district, an important tourist area, from being congested with too many vendors.
Ignacious J. Reilly, Inc., one of the outlawed businesses, now sues the city of Sedona alleging discrimination under the equal protection clause of the US Constitution, lack of due process, and interference with his right as an American to do business under the privileges and immunities clause.
- Specifically how the 14th Amendment to the US Constitution is important to Ignacious J. Reilly, Inc.'s state or local rights. (2)
- What Due Process means generally and in this specific case. (2)
- What test the AZ Supreme Court will use to determine what aspects of Ignacious J. Reilly, Inc.'s substantive due process rights might have been violated. (2)
- Why or why not the Privileges and Immunities clause may apply in favor of Ignacious J. Reilly, Inc. (1)
- The three standards ‘and who each standard covers’ that the AZ Supreme Court can choose from in order to resolve the Equal Protection Claim, (1.5)
- The corresponding tests under each approach (1.5)
- Who usually wins under each test (1)
- What constitutes a suspect class; and (1)
- Which approach the court would use in resolving the question above under the EP clause. (1)
- On what basis the court should resolve this case for each claim. Justify your answer, please. (2)