Acct 215 Exam 4 Cases Study Set
Questions And All Actual Answers.
Stewart v. Judy Facts - Answer The Stewart's farmed a 3.1 acre piece of land which they though was a
part of their land, they even put a fence around the land
The land turned out to be someone else's property
Stewart v. Judy Ruling - Answer The Iowa Appellate Court said the Stewarts possessed the land in an
hostile, actual, exclusive, open and continuous manner.
Stewart v. Judy Significance - Answer Adverse possession
Marriage of Heinzman Facts - Answer William buys a house and deeds it to himself and his fiancé Beth
as joint tenants
Beth moves and sues William claiming they had a common law marriage
Marriage of Heinzman Ruling - Answer The gift of joint tenancy was made in contemplation of marriage
Beth is a trustee not a co-owner
Marriage of Heinzman Significance - Answer What constitutes a gift
Ellish v. Airport Parking Co. Facts - Answer Plaintiff purchases ticket to park her car in the defendant's
parking lot; ticket grants a license to park and contains an exculpatory clause. (relieves that party of all
liability)
Car disappears. Plaintiff claims defendant had a bailment and was negligent.
Ellish v. Airport Parking Co. Ruling - Answer Court said it was not a bailment because plaintiff parked
her own car and keys were with her
Parking company was not liable because they were not negligent
, Ellish v. Airport Parking Co. Significance - Answer What constitutes a bailment
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Facts - Answer Vulcan claims Simmons misrepresented the
capabilities of the vacuums as well as whether or not they had been sold before on the open market
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Ruling - Answer Buyer may have been justified in relying
upon the representations regarding prior sales but the buyer could inspect the vacuums so they were
not justified in relying upon the representations of Simmons
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Significance - Answer Prohibited Disclosures: Fraud
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Facts - Answer The
Family Smoking Prevention and Tobacco Control Act of 2009 refers to misleading advertising as including
speech that "is inherently likely to deceive or where the record indicate that a particular form or method
of advertising has in fact been deceptive."
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Ruling - Answer Use of
certain colors is not deceptive (in this court's mind)
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Significance - Answer
What falls under the Family Smoking Prevention and Tobacco Control Act of 2009
More Generally, what is prohibited advertising
Clemens v. Lesnek Facts - Answer House was sold "as is" (caveat emptor)
Clemens v. Lesnek Ruling - Answer Court says an "as is" clause will not preclude a claim for fraud
Clemens v. Lesnek Significance - Answer There are two exceptions to the principle of caveat emptor
under the common law
o Must disclose concealed dangers which could be an unreasonable danger
o Seller remains liable to 3rd parties for dangerous conditions until buyer has time to remedy
Questions And All Actual Answers.
Stewart v. Judy Facts - Answer The Stewart's farmed a 3.1 acre piece of land which they though was a
part of their land, they even put a fence around the land
The land turned out to be someone else's property
Stewart v. Judy Ruling - Answer The Iowa Appellate Court said the Stewarts possessed the land in an
hostile, actual, exclusive, open and continuous manner.
Stewart v. Judy Significance - Answer Adverse possession
Marriage of Heinzman Facts - Answer William buys a house and deeds it to himself and his fiancé Beth
as joint tenants
Beth moves and sues William claiming they had a common law marriage
Marriage of Heinzman Ruling - Answer The gift of joint tenancy was made in contemplation of marriage
Beth is a trustee not a co-owner
Marriage of Heinzman Significance - Answer What constitutes a gift
Ellish v. Airport Parking Co. Facts - Answer Plaintiff purchases ticket to park her car in the defendant's
parking lot; ticket grants a license to park and contains an exculpatory clause. (relieves that party of all
liability)
Car disappears. Plaintiff claims defendant had a bailment and was negligent.
Ellish v. Airport Parking Co. Ruling - Answer Court said it was not a bailment because plaintiff parked
her own car and keys were with her
Parking company was not liable because they were not negligent
, Ellish v. Airport Parking Co. Significance - Answer What constitutes a bailment
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Facts - Answer Vulcan claims Simmons misrepresented the
capabilities of the vacuums as well as whether or not they had been sold before on the open market
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Ruling - Answer Buyer may have been justified in relying
upon the representations regarding prior sales but the buyer could inspect the vacuums so they were
not justified in relying upon the representations of Simmons
Vulcan Metals Co., Inc. v. Simmons Mfg. Co. Significance - Answer Prohibited Disclosures: Fraud
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Facts - Answer The
Family Smoking Prevention and Tobacco Control Act of 2009 refers to misleading advertising as including
speech that "is inherently likely to deceive or where the record indicate that a particular form or method
of advertising has in fact been deceptive."
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Ruling - Answer Use of
certain colors is not deceptive (in this court's mind)
Discount Tobacco City & Lottery v. USA, formerly Commonwealth Brands v. FDA Significance - Answer
What falls under the Family Smoking Prevention and Tobacco Control Act of 2009
More Generally, what is prohibited advertising
Clemens v. Lesnek Facts - Answer House was sold "as is" (caveat emptor)
Clemens v. Lesnek Ruling - Answer Court says an "as is" clause will not preclude a claim for fraud
Clemens v. Lesnek Significance - Answer There are two exceptions to the principle of caveat emptor
under the common law
o Must disclose concealed dangers which could be an unreasonable danger
o Seller remains liable to 3rd parties for dangerous conditions until buyer has time to remedy
