Dura Pharmaceuticals Inc v Brood

Dura Pharmaceuticals Inc v Brood

Instructions/Descriptions

Dura Pharmaceuticals Inc v Brood

I’m working on a business law case study and need an explanation and answer to help me learn.

It should briefly (in very few sentences) lay out the basic facts of the case.  These are usually generally agreed upon by the time it gets to the final appeal stage; i.e., the Supreme Court or a Federal District court.

What is much more important is the issue at law – the dispute about what the law means or how it should be interpreted.

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What was the majority of the court’s decision in the case, and – more importantly – what was the basic reasoning behind this decision?

If you are asked to read a dissent in the case, what was the decision and reasoning in the minority?

Do you agree or disagree with the court’s decision?   Explain why.

To avoid even the appearance of plagiarism, references should be clearly connected to the text through parentheses (Smith, 2016) or footnotes.  It is not enough to put your references at the end of the paper, with no way to see what text connects with each reference.

Direct quotes should be in quotation marks or, if more than one sentence, in an indented paragraph.  Material which is a close paraphrase of another work, although not a direct quote, should be referenced and explicitly acknowledged with the expressions like ‘paraphrase,’ ‘in other words,’ ‘to put it another way,’ or something similar.

Lien and Mortgage RAC Question

In 2020, Zoe purchased a convenience store. When he bought the store, Zoe planned to expand it.

In early 2021, Zoe decided to expand his store by 1,000 square feet to add a small dining area. To finance this expansion, Zoe obtained a $200,000 loan commitment from ABC bank, with the funds to be disbursed at such times and in such amounts as the bank determined to be appropriate. Documents reflecting this commitment were signed by Zoe and the ABC bank, and a mortgage to secure the repayment of the loan was promptly and properly filed in the local land records office.

Two weeks after obtaining the loan commitment, Zoe signed a contract with a general contractor for construction of the store expansion. In compliance with its loan commitment, the bank disbursed $50,000 to Zoe, who, in turn, paid that sum to the general contractor. Construction began immediately thereafter.

Four weeks into the project, a plumbing subcontractor installed all the plumbing fixtures. After the general contractor failed to pay the $20,000 agreed price to the subcontractor, the subcontractor immediately filed a mechanic’s lien against the man’s property in the local land records office to secure its claim for $20,000.

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The pluming subcontractor does not pay the material company called XZY Material Company which provided plumbing supplies to the pluming subcontractor.

Please respond and IRAC each of the questions below?

 Does the mechanic’s lien have priority over the bank’s mortgage? In your response define

mechanics’ lien and mortgage.

 Can the XYZ Material Company file a mechanic’s lien? Explain and IRAC your answer.

 If Zoe’s fails to pay the businesses’ debts, what options does Zoe have under the Bankruptcy Code?

Please respond fully using the IRAC method. Make sure to identify all the issues, refer to all the relevant facts, and discuss all the relevant rules.

Dura Pharmaceuticals Inc v Brood

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