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Please give a complete answer to all questions, citing the legal principle to support your answer.

I. John owns a clothing store. He sees Jack put several items of clothing into his bulky jacket and then walk past all cash registers on his way out the door without paying for the clothes. He has his security people restrain Jack and put him in a locked room while he calls the police. The police arrive in five minutes and place Jack under arrest for shoplifting. Jack sues John civilly for the tort of unlawful imprisonment. Will Jack win or lose this lawsuit?

2. Sarah, Lisa and Adriana are accountants and decide to form the limited liability partnership of SLA Accountants, LLP. They register the partnership with the state. Adriana then conducts an audit of the financial statements of DEF, Inc. and her audit team includes Anna, an audit manager who is under the supervision of Adriana during the course of the audit. Anna makes a major mistake in checking the assets of DEF with the result that the assets listed on the financial statements are overvalued and the liabilities are undervalued. DEF is a publicly traded stock and when the market finds out about this mistake, the value of the shares goes from $50/share to $5/share. The shareholders sue Sarah, Lisa and Adriana for negligence. Sarah and Lisa did not participate in this audit. Adriana states that her personal assets cannot be reached in this lawsuit. Is Adriana right or wrong?

3. Sam is a member of the U.S. Army’s Special Forces. He owns a Ford GT, the most expensive sports car made by Ford. He has received orders to deploy to the Middle East for a secret assignment that he realizes will be highly dangerous. He has a favorite nephew, Andrew, and he brings the car and the key fob over to Andrew’s house before he leaves. He tells Andrew that if he does not come back, the car is his. He does come back but when he comes over to see Andrew and asks for the car back, Andrew refuses, claiming this is a completed inter vivos gift and as such, he does not have to give it back. Is Andrew right or wrong?

Respuesta :

anthougo

1. In the criminal justice system, John can temporarily put Jack in custody pending the arrival of the police.  Jack was not detained for a period longer than five minutes and not for a civil wrong.

Thus, in this lawsuit for the tort of unlawful imprisonment, Jack will lose because he committed a crime.  He cannot apply a civil law to a criminal case.

2. Adriana is correct that her personal assets cannot be reached in this lawsuit brought by the shareholders of DEF, Inc. because SLA Accountants, LLP is a limited liability partnership and not just an ordinary partnership.

A limited liability partnership, like a limited liability company, offers members limited liability.  However, the shareholders of DEF, Inc. may decide to sue Adriana personally.

3. Andrew is wrong because the car handed over by Sam was not a completed inter-vivos gift. The transfer was not absolute but conditional upon Sam not returning from the Middle East.

As a conditional transfer of gift, the vesting of the ownership interest created by the transfer depends on the fulfillment of a condition.

Thus, since the transfer condition did not materialize, Andrew should return the car to Sam in good faith.

Learn more about inter vivos gifts and limited liability partnerships here https://brainly.com/question/14767795 and https://brainly.com/question/1166757