Problem
Make sure that you include and label the Issue, Rule, Application of the Rule and the Conclusion for each question.
A. Alpha Corporation orders office equipment from Best Products, Inc., which has an unperfected security interest in the equipment until it is paid for. Meanwhile, Alpha takes out a loan from Capital Credit, Inc., subject to a security interest in Alpha's building and equipment, which Capital perfects. Alpha files a bankruptcy petition. If the petition is granted, in what order will Alpha's creditors be paid?
B. Sierra borrows $175,000 from Regional Home Finance Corporation to buy a home. The loan is a twenty-year, 3/1, adjustable-rate mortgage, with an initial interest rate of 4.0 percent for three years and potential increases of up to 3.0 percent to a cap of 11.0 percent. Before the loan is completed, the lender discloses the amount of the loan principal, the initial interest rate, the initial annual percentage rate, and associated fees and costs. Not disclosed are material details about the amounts of the payments when the interest rate changes. Before the first increase takes effect, Sierra decides that she wants to rescind the loan. What is a "twenty-year, 3/1, adjustable-rate mortgage"? Can Sierra rescind this loan? Why or why not?
C. Adam contracts with Beth to buy a certain restaurant, Coffee Café, for Beth, who asks Adam not to reveal her identity. Adam makes a deal with Dina, the owner of the restaurant, and makes a down payment. Beth fails to pay the rest of the price and does not pay Adam for his services. Does Adam have any recourse against Beth? If so, on what basis and to what extent?
D. Pete's Pizza employs Quincy as a delivery driver. Pete's guarantees that an order will be delivered within thirty minutes or there is no charge and insists that its drivers meet the limit. One night, while making a delivery, Quincy is caught in a traffic jam. To deliver the pizza within the thirty-minute time limit, Quincy drives onto a sidewalk and hits Ruth, a pedestrian. Is Pete' s liable to Ruth for her injuries? Is Quincy liable to Ruth? Why or why not?