|Due By (Pacific Time)||12/11/2016 05:00 pm|
Kyle took your advice and decided not to spend the money to fight for his claim to “KFC.com” as the domain name for his new product line, Kyle’s Fine Condiments and reorganized the company as Alabama Sunshine, LLC (limited liability company). Kyle, however, does want to continue the move of his business to the next level of operations and he wants to complete the expansion by construct of a new store in Florala, AL. Recall that the property was owned by Sid; however, since Kyle’s business is so successful and people throughout Alabama and abutting States know him and Alabama Sunshine, Kyle hired Angel to contact Sid, negotiate a price, and, if possible, buy Sid’s property; however, Kyle instructed Angel to not tell Sid that she was working on behalf of Kyle. Unfortunately, Angel realized that Sid’s property was an exceptionally good deal and bought the property for herself, not Kyle as agreed. Kyle has gotten over his anger and wants to move on with the construction of the new building on Greenacre (the Angel/Sid parcel of land).
Angel had acquired Greenacre in fee simple absolute and proposes to convey Greenacre to Kyle with a right of reverter (reversionary interest) as the location for Kyle's new store. The proposed conveyance would be a defeasible fee (fee simple defeasible) with the condition that, should Kyle fail to construct and open his store on Greenacre within 24 months or should Kyle cease to use Greenacre as a site for his store in the future, then Greenacre would revert back to Angel or her heirs. Angel also mentions that she does not want to transfer mineral rights to Kyle.
All this sounds pretty complicated to Kyle and he is growing nervous about this deal. His knowledge is in growing, processing, and marketing produce, not real estate transactions and land transfers. Knowing that you are (successfully) completing BL 240 and have studied land-use control and real property, Kyle turns to you for counsel. He is also concerned about any other problems that he should consider in this transaction or relating to the construction of the new business location. What are the legal issues and how would you advise Kyle? Kyle also mentions that a customer of United Nutrition Associates (UNA---recall WA2) is complaining that his holiday pack did not provide the health benefits that she would expect from organically grown produce. The family has filed a complaint with the federal government and is now threatening a lawsuit. Kyle wants to know what the legal issues are and how he should respond.
Note: As with all Written Assignments, WA4 has a point value of 25 points. This is to be your own work with no help offered, given, or accepted unless otherwise disclosed, as per our Class Code of Honor.
To help you organize your thoughts, I suggest that you read the fact set; decide which facts are relevant and which are merely verbiage; based on the information in Unit 4; decide which legal information is relevant to the facts; then state the legal issue, state the general rule of law that applies to that legal issue, apply the law to the facts, and go to the next legal issue.
Also note that your response to this assignment is to be submitted via the Written Assignment Dropbox.
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