1. Your paper will be graded for proper grammar. Do not start your paper with “I am going to discuss”. Every student in this class has access to Grammarly. Make sure you use it. Proofread your paper and have a friend or family member proofread your paper.
Review your paper for:
organization (clarity, logic), grammar, spelling, avoid run on sentences and fragments, avoid usage of passive voice, and be sure to capitalize proper nouns.
2. Each writing assignment must be typed, double spaced, and use size 12 font with 1” margins and at least 800 words for the content alone. All paragraphs should be in a justified format. This word requirement does not include your citation to the source(s).
3. You may use a block format or, you may indent. If you choose to ident, the first line of each paragraph must be indented by 0.5”. The paper must be submitted through the D2L dropbox feature.
4. All work needs to be your own. Answer in your own words. Do not copy and paste from the case and do not use quotes. I do not expect you to be lawyers but do expect you to really dig in to facilitate valuable growth in critical thinking and communication skills. This may be challenging at first but stick with it! It can be very rewarding to see your case analysis skills and legal terminology improve over the semester!
– Part One: Brief and analyze Carter v. Tokai Financial Services, Inc. (See, pp. 388,389 in your textbook).
– Part Two: Apply what you learned in Carter v. Tokai Financial Services, Inc to the below fact pattern.
The Case of the Business Furniture
Background:
– Frank Sottolano served for 20 years in the U.S. Army, including a 10-year stint as a paralegal with the Office of Judge Advocate General. Following his service, he took advantage of the G.I. Bill and obtained his J.D. at the Nashville School of Law. He successfully passed the bar exam and is now a licensed attorney. Frank has always wanted to perform criminal defense work and decided to open his own firm.
Frank secured an office, purchased a computer, but needed to secure office furniture for himself and his assistant. Frank went to Nashville Office Interiors and picked out desks, chairs, shelves and even some artwork to hang on the walls. Money was tight, so Frank entered into an office furniture lease agreement that extended over 36 months. Crest Capital provided financial backing for the transaction. To secure delivery of the furnishings, Crest Capital required that Frank personally guarantee performance under the agreement. The agreement expressly stated that it was a finance lease as defined by Article 2A of the UCC and permitted purchase of the equipment upon conclusion of the lease for a mere $200.00.
Unfortunately, Frank’s earlier service in the Army included work in burn-pits in Afghanistan. He contracted cancer and was forced to close his practice after only 11 months. He defaulted upon the lease agreement in month 12 and Crest Capital brought action.
– Question :
What Article(s) of the UCC should apply in this scenario? In your answer, use the court’s decision in Carter v. Tokai Financial Services, Inc. to support your argument.
