bla-week-4-written-assignment-business-and-finance-homework-help
Dear writer please make shore you answer these three questions very well do not write anything that is not related to this assignment here are the instructions:
Read Cases 13.4 and 13.5
• What facts/ideas justify the opinion of the courts in each case?
• What alternatives could you suggest to eliminate the issues in these cases?
• How do these cases compare and contrast?
Support your answer with legal concepts from this week’s learning.
Be sure to provide in text citation and source information in APA
format including a working URL.
Here are the 2 cases 13.4 and 13.5:
13.4 Duress Judith and Donald Eckstein were married and had two
daughters. Years later, Judith left the marital abode in the parties’
jointly owned Volkswagen van with only the clothes on her back. She
did not take the children, who were 6 and 8 years old at the time. She
had no funds, and the husband promptly closed the couple’s bank
account. The wife was unemployed. Shortly after she left, the husband
discovered her whereabouts and the location of the van and seized and
secreted the van. The husband refused the wife’s request to visit or
communicate with her children and refused to give her clothing. He
told her that she could see the children and take her clothes only if
she signed a separation agreement prepared by his lawyer. The wife
contacted Legal Aid but was advised that she did not qualify for
assistance. The wife was directed to go to her husband’s lawyer’s
office. A copy of a separation agreement was given to her to read. The
separation agreement provided that the wife (1) give custody of the
children to her husband, (2) deed her interest in their jointly owned
house to the husband, (3) assign her interest in a jointly owned new
Chevrolet van to her husband, and (4) waive alimony, support,
maintenance, court costs, attorneys’ fees, and any right to
inheritance in her husband’s estate. By the agreement, she was to
receive $1,100 cash, her clothes, the Volkswagen van, and any
furniture she desired. The wife testified that her husband told her
over an interoffice phone in the lawyer’s office that if she did not
sign the separation agreement, he would get her for desertion, that
she would never see her children again, and that she would get
nothing—neither her clothes nor the van—unless she signed the
agreement.
13.5 Ethics Case Wells Fargo Credit Corporation (Wells Fargo) obtained
a judgment of foreclosure on a house owned by Mr. and Mrs. Clevenger.
The total indebtedness stated in the judgment was $207,141. The
foreclosure sale was scheduled for 11:00 a.m. on a specified day at
the west front door of the Hillsborough County Courthouse. Wells Fargo
was represented by a paralegal, who had attended more than 1,000
similar sales. Wells Fargo’s handwritten instruction sheet informed
the paralegal to make one bid at $115,000, the tax-appraised value of
the property. Because the first 1 in the number was close to the
dollar sign, the paralegal misread the bid instruction as $15,000 and
opened the bidding at that amount. Harley Martin, who was attending
his first judicial sale, bid $20,000. The county clerk gave ample time
for another bid and then announced, “$20,000 going once, $20,000 going
twice, sold to Harley.†The paralegal screamed, “Stop, I’m sorry. I
made a mistake!†The certificate of sale was issued to Martin. Wells
Fargo filed suit to set aside the judicial sale based on its
unilateral mistake. Does Wells Fargo’s unilateral mistake constitute
grounds for setting aside the judicial sale? Did any party act
unethically in this case? Wells Fargo Credit Corporation v. Martin,
650 So.2d 531, 1992 Fla. App. Lexis 9927 (Court of Appeal of Florida)
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