Week #4 Homework Assignment Chapter # 47.1 For 12 years Theodore Buder’s father has been giving his minor grandchildren substantial gifts. Theodore and his wife had divorced, and the cash gifts that were giving were in the form of a check made payable to the children. Theodore was responsible for safeguarding the money and invested it on behalf of the children. Theodore had invested in “�blue chip’ stocks and he invested in penny stocks. Now the stocks were purchased in Theodore’s name as custodian for the children as required by the Uniform Gifts to Minors Act (UGMA). All of the penny stocks, except one, suffered substantial losses. Now Theodore’s ex-wife, Sartore, sued him alleging that he had breached his fiduciary duty owed to the children under the UGMA. She’s trying to recover the funds lost by Theodore’s lost by the investments. Who wins?Chapter # 48.8 The Naab’s purchased a tract of land in the subdivision of Williamstown, West Virginia. The tract of land that they purchased included a house and a small concrete garage on the property. Evidence showed that the garage had been erected sometime prior to 20 years earlier by one of the Naab’s predecessors in title. Now two years after the purchase the Nolans purchased a lot contiguous to that owned by the Naabs. The following year the Nolans had their property surveyed and discovered that one corner of the Naab’s garage encroached 1.22 feet onto the Nolan’s property and the other corner encroached 0.91 feet over the property line. The Nolans requested that the Naabs remove the garage from their property. When the Naabs refused, a lawsuit ensured. Who wins? Chapter # 49.2 Sharon Love entered into a written lease agreement with Monarch for apartment 4 at 441 Winfield in Topeka, Kansas. After moving in, Ms. Love noticed the apartment had a serious problem with termites. She notified Monarch about the termite problem and they arranged for the apartment to be fumigated. When the problem persisted, Monarch moved Ms. Love to another apartment. When Ms. Love moved into the new apartment she discovered it had roaches. Again Ms. Love complained to Monarch about the roaches and Monarch had the apartment sprayed. When the problem persisted, Ms. Love vacated the premises. Did Ms. Love lawfully terminate the lease? Who wins? Chapter # 49.5 The Chavez leased a house they owned in Arizona to the Diaz. The lease clearly stated that no pets were allowed on the premises without prior written approval of the Chavez. The Diazs kept two dogs on the property a Pit Bull and a half Pit Bull and half Rottweiler without the landlords consent. Two weeks later the dogs escaped and attacked and injured Josephine Gibbons. The Gibbons sued the landlords for damages. Are the landlords liable? Are the tenants liable?
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