bussiness law paper

As noted in WA3, Kyle took your advice and decided not to spend the money to fight for his claim to “KFC.com” as the domain name for his new product line, Kyle’s Fiery Condiments and has reorganized the company as Alabama Sunshine, LLC. Kyle, however, does want to continue the move of his business to the next level of operations and he wants to complete the expansion by constructing of a new store in Fairhope, AL. Recall that Kyle hired Agnes as his agent to contact Sam, negotiate a price, and, if possible, buy Sam’s property; however, Kyle instructed Agnes to not tell Sam that she was working on behalf of Kyle. Unfortunately, Agnes realized that Sam’s property was an exceptionally good deal and bought the property for herself, not Kyle as agreed. Kyle has gotten over his anger and wants to move on with the construction of the new building on Redacre (the Agnes/Sam parcel of land).

Agnes acquired Redacre from Sam in fee simple absolute and proposes to convey Redacre to Kyle with a right of reverter (reversionary interest) as the location for Kyle’s new store. The proposed conveyance would be a defeasible fee (fee simple defeasible) with the condition that, should Kyle fail to construct and open his store on Redacre within twelve months or should Kyle cease to use Redacre as a site for his store at any time in the future, then Redacre would belong to the City of Fairhope to use as a park. Agnes also mentions that she will not transfer mineral rights to Kyle and intends to transfer those to her daughter, Angel.

Kyle likes Redacre because it is located within the city limits of Fairhope, has a beautiful stream running through it, is close to retail sales and residential areas, and is large enough for not only his store but also processing and production facility. Eager to move forward, he tells Agnes that he will accept her terms. They shake hands on the deal and he gives her a check as a deposit.

All this sounds pretty complicated to Kyle and he is growing nervous about this deal. His knowledge is in growing, processing, and marketing produce, not real estate transactions and land transfers. Knowing that you are (successfully?) completing BL 240 and have studied land-use control and real property, Kyle turns to you for counsel. He is also concerned about any other problems that he should consider in this transaction or relating to the construction of the new business location. What are the legal issues and how would you advise Kyle? Kyle also mentions that a customer of United Nutrition Associates (UNA—recall WA2) is complaining that his holiday pack did not provide the health benefits that she would expect from organically grown produce. The family has filed a complaint with the federal government and is now threatening a lawsuit. Kyle wants to know what the legal issues are and how he should respond. What are the issues that must be addressed and what is the controlling law for each issue?

The cover page is to state your name and student identification number (not your social security number), the date of submission, brief restatement of the assigned question, and the class Honor Code statement (see below).

Class Honor Code: Understand that the acquisition of knowledge requires an investment of personal time, effort and energy. Passing off someone else’s work as your own, plagiarism, contradicts a basic tenet of becoming educated and cheats the plagiarist out of the thrill of accomplishment, the pride of authorship, and the inner confidence of knowledge sought, gained, and mastered. Academic dishonesty stifles growth and turns a college degree into no more than a collection of credit hours and a piece of paper that will fade and yellow with time. To better ensure that you have the opportunity to experience the thrill, pride, and confidence of knowledge sought and acquired, the class Honor Code statement (below) is to be included on all written assignments.

The Class Honor Code statement is: “I declare and affirm that the work submitted for this assignment is my own work product from my own labor, efforts, and endeavors, and that I did not receive, seek, offer, or accept unauthorized aid or assistance or use of the work product of another, unless otherwise so stated fully and completely herein.”

 

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