12 May HOW COULD THIS PROBLEM HAVE BEEN PREVENTED?
What are the facts of the case in this article? Who is the
plaintiff and who of the defendant?
2. What is the key issue to be decided by the court? What other
issues may need to be resolved?
3. If the particular wording used in the contract is considered to
be vague, why did the lawyers who drafted the contract choose that wording?
What wording could have been more precise?
4. Who could benefit from the imprecision of the wording? Do you
think that party had the possibility in mind when signing the contract? Why or
why not?
5. What are the financial ramifications of outcome of this case? How
could each party be affected?
6. Do you think that Apollo still wants to proceed with the deal?
What support do you have for your answer?
7. The article mentions a breakup fee. What is that? Why would it be
included in the contract? How does it affect the proposed deal? Why has it
become a potential problem?
8. How could this problem have been prevented? What steps could each
party have taken to protect their interests?
Case 2)
Two professional gamblers score big on a successful Puerto Rican
adventure, only to see their cash haul seized at an Atlanta airport while
theyre en route back to theirs Las Vegas home. Alleging a law enforcement
officer violated their constitutional rights, where are they entitled to file
suit? They got the money back about six months later, but sued Georgia police
officer Anthony Walden over the affair, alleging among other things that he
filed a false affidavit in a bid to have the cash forfeited to law enforcement.
Mr. Walden, who was then a deputized DEA agent, denies any improprieties. The
gamblers filed suit in their home court in Nevada, arguing the asset seizure
affected them where they live and work. Mr. Walden argues that he shouldnt
have to defend himself there, given that he lives and works in Georgia, where
the incident occurred.
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