Filip, 61 yeаrs оld, lives in Frаnklin Cоunty, Ohiо, аnd suffers from advanced dementia. Filip’s sister Doris went to court in 2024 and presented evidence of Filip’s dementia to a judge, who declared Filip mentally incompetent and appointed Doris as his guardian. One year later, Filip went to a local furniture store, Regal Furniture, also in Franklin County, and purchased a dining room set for $11,000, to be paid in monthly payments over two years. After making the first two payments, Filip stops paying. Regal Furniture (plaintiff) sues Filip (defendant) for breach of contract, demanding the balance as damages. Filip’s attorney argues this is not a valid contract and, therefore, Regal Furniture cannot recover any damages. Regal argues that Filip had purchased furniture from their store four times in the last 15 years, and had always paid the balance in full until this most recent purchase. Total word count (not including name or other headings) must be between 300 – 500 words, and all answers must be in complete sentences, and in paragraph form (no lists or bullet points). (RULES): What test will the court apply to determine if this is a valid contract? Identify and explain (at least two sentences per part) each of the four parts of the test as they are identified and explained in the textbook and lecture only. (APPLICATION and CONCLUSION): You are the judge. Apply each part of the test you identified in question 1 (don’t stop at just one) and arrive at a conclusion (supported by case law) as to whether 1) this is a valid contract and 2) based on your response, who do you rule in favor of – plaintiff or defendant. Explain your answer. In your answer, you must include case law support. Remember from our work early in the semester that legal decisions must be supported by precedent. Thus, you must identify a relevant case (by full name) that is posted to Modules, Week 3, that would be binding on this court in this case. Once you have identified the case, your answer must show how the facts and holding (not the outcome, but the rule of law the court created) supports your conclusion/holding in this case.
Brоchure оn the Equаl Rights Amendment (1970s) Sоurce: Historicаl Society of Pennsylvаnia: “Brochure on the Equal Rights Amendment (1970s).” Reprinted by permission of the Historical Society of Pennsylvania. Did You Know . . . • Under the U.S. Constitution corporations are considered legal persons, but women are not • Women earn on an average 41% less than men • A man with an 8th grade education earns as much as a woman with a college degree • Women and men do not receive the same benefits under Social Security, although they contribute the same percentage of their income • “Equal pay for Equal Work” is based on Title VII of the Civil Rights Act which can be reversed by Congress • If a man dies, his widow pays a large tax; if a woman dies her widower pays substantially less • A husband controls his wife’s use of “his” credit cards; a wife cannot establish credit in her name • Insurance rates are higher for women than for men; loans for house payments, etc. are more difficult for women to obtain than men • The military has higher entrance requirements for women, but significantly fewer benefits and opportunities • During probate, a joint bank account is considered to be solely the property of the husband • Women receive longer jail sentences than men for the same crime • Unemployment is twice as high for women as for men • There are over 1,795 laws which discriminate against women The ERA Will . . . • Declare women full persons under the law • Outlaw discrimination on the basis of sex, establishing constitutionally the legal right of “equal pay for equal work” • Provide equal Social Security benefits for women and men at the same retirement age; widowers will receive the same benefits now only received by widows • Recognize a housewife’s contribution as a financial resource to the home by not taxing her half of the estate when her husband dies • Give married women the right to establish credit, own businesses, buy and control property, and sign contracts • Equalize military entrance standards; make military women eligible for equal benefits and opportunities • Extend alimony and child support responsibilities to members of either sex, depending on need and ability to pay • Establish equal rights for both parties holding joint husband/ wife bank accounts during probate • Mandate “equal time for equal crime” • Strike down laws which restrict rights. If a law protects rights, it will be extended to the other sex PROMPT How does this document challenge traditional gender roles, especially around housework and money, and what is one short quote that shows this?