Reference no: EM132419539

You decide to join with one or more of your fellow classmates to open and operate a business distributing beer and other beverages to retail stores in Polk County.

1. (A). Indicate under what form of business you will operate this business and explain why you chose that form. (B). In addition, indicate a name for your business.

For Questions 2-4:

You enter into a contract with Bad Frog Brewery, Inc., to distribute their beer. The label on their beer bottles is depicted above. You are successful in obtaining contracts with local grocery and convenience stores to carry Bad Frog beer. However, using a little known ordinance prohibiting "the display or furthering the display of products with obscene gestures in retail establishments in the county," and making violators subject to a fine of $100, Polk County issues citations to several of the grocery and convenience stores to whom you have sold Bad Frog Beer causing them to return the Bad Frog beer you sold them and rescind their contracts with you. You have also been issued citations for distributing the beer with the Bad Frog labels. You consult with a lawyer and he advises you to bring an action challenging and overturning the citations and fines issued by Polk County to the grocery and convenience stores and your company.

2. On what ground could your grocery and convenience store customers claim that the contract they entered into with you for the purchase of Bad Frog beer was not valid.

3. (A). What legal or constitutional grounds does your lawyer inform you will he base the actions to challenge and rescind the citations and fines under the Polk County ordinance issued to your business and to your grocery and convenience store customers? (B). What case does he cite to you that he believes will help win on these grounds?

4. Do you have standing to bring the actions attempting to rescind the citations and fines issued to your grocery and convenience store customers? Why or why not?

For Questions 5, 6, 7 and 8:

You have purchased a panel truck to distribute your beer and other beverage products and hired a driver, Barney Grumble, as your driver. During his job interview, Barney mentioned that he is a recovering alcoholic. However, he proves that he has a valid driver's license.

A month after hiring Barney, while transporting in your panel truck 100 cases of the very popular Duff's Beer from your distribution warehouse in Frostproof to the Kwik-E-Mart convenience store on US 27 near Posner Park in Davenport, he runs a red light at an intersection in Plant City and crashes into a Cadillac, seriously injuring your former business law professor (pictured above). The police officer who attended the scene of the crash wrote in his report that, in his opinion, based upon his observations of Barney at the scene of the accident, Barney was intoxicated. A blood test taken at the hospital indicates that Barney has a BAC of .21.

During his questioning by the police officer, Barney admits to having had a couple beers at Moe's Bar in Plant City. The bar is significantly off course from your Frostproof warehouse to the Kwik-E-Mart in Davenport. Based upon that BAC level and the officer's observations, Barney is arrested for DUI. The elderly occupants of the car, including your former professor, sues your company based upon their injuries in the 10th Circuit Court.

5. a. What monetary amount of the action must your former professor claim to establish jurisdiction in the Florida 10th Circuit Court?

5. b. Barney is charged with felony DUI because of a prior DUI conviction with 10 years. What Florida court has jurisdiction?

6. a. What is the basis for the legal action commenced by your former professor?

6. b. What elements will he have to prove in order to win the case?

6. c. In addition to suing Barney Grumble in the 10th Circuit Court, your law professor has sued your business as well. Under what legal doctrine have they brought the legal action against your business?

6. d. What defense could your business raise to being named a defendant in their case?

7. One of your fellow owners chastises you for hiring Barney as a driver after he mentioned being a recovering alcoholic. What federal law do you cite as justifying the hiring that may have subjected you to a claim of employment discrimination had you not?

8. In the accident, the 100 cases of Duff's beer meant for the Kwik-E-Mart were destroyed. The brewery making Duff's cannot ship any more of the product for at least two months. Kwik-E-Mart has brought a breach of contract action claim against your business for failing to deliver the 100 cases of beer. What is your possible defense to that claim?

For Question 9:

Polk County has sent you a letter indicating that it is taking the land where your distribution warehouse is for to construct a sports and recreation facility to be run by a private developer. They offer you $100,000 for the land's Polk County's current tax appraisal. However, a real estate agent tells you that the property is worth on the market at least $250,000.

9. What power is Polk County exercising and under what Amendment to the US Constitution is it granted?

10. Assume that you sell and deliver 100 cases of beer to Moe's Tavern in Springfield, Florida in northern Polk County for $15.00 per case. Payment of one-half the total was due upon delivery, a sum of $750 which Moe's owner paid, with the remaining amount due in 30 days. 60 days have elapsed, and despite sending Moe's 2 letters, no payment has been received by your business. What remedies can you seek to recover the remaining $750 owed to you by Moe's? Moe's Tavern is a sole proprietorship.