Wolf V. Ford Wolf V.Ford Term Paper

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.. pronounce it invalid," which is not the case in the investment contract signed by Wolf. The contract was standard, and gave authority to the broker to invest and manage the original sum of money. Although it could be argued that, given Wolf's expressed desire that the funds be invested conservatively, that the actions of the defendant were not optimal, that does not make it patently offensive to the point that the entire community would consider the contract invalid.

What does the outcome of this case mean for the affected industry? Customers of that industry?

This frees the investment banking industry from the concern that an angry investor will be able to sue a broker or the entire firm if he or she does not like the performance of his or her portfolio. It also means that a wary investor must not invest his or her funds and sign a discretionary agreement without careful consideration about how much control he or she wishes to have over his or her portfolio, the reputation of the broker, and the reputation of the firm. Also, although the investor is signing over authority to the broker, it is the investor's responsibility to keep a watchful eye on the portfolio's performance.

The case acts as a caution for investors wishing to expand their earnings through the markets and investments without a guaranteed return, if they are saving for college, retirement, and other aspects of their life where they cannot afford to lose very much of their original principal.

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Assuming that you felt that this were not a just outcome, what action can be taken in the legal environment to change the law for the future?

A specific act of legislation could be introduced that placed greater restrictions upon the ability of a broker to make use of customer funds, and specify, for example, that different measures might apply in the case of investors that explicitly asked for conservative rather than risky portfolio management. Or it could mandate that customers pass a 'test' in terms of their understanding of different investment terms, risk potential, and return potential, when agreeing to experiment with investing their funds without a guaranteed rate of return. However, in this typical case of investor lost there was no fraud, the defendant was of age and aware she was taking a risk, there was no coercion as she had other options with which to dispense her money, and limiting the freedom of individuals to enter contract seems a greater….....

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