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Questions and Answers of Business Law

Suppose that Darla tells several of her friends about Irene’s instructing the man to take goods without paying for them after the tsunami disaster. Under which intentional tort theory discussed in
Now suppose that Irene wins the election and becomes the city’s mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene’s misconduct. What intentional tort might
If Irene accepts goods shipped from Indonesia that were wrongfully obtained, has she committed an intentional tort against property? Explain.Two sisters, Darla and Irene, are partners in an import
Suppose now that Irene, who is angry with her sister for disclosing her business improprieties, writes a letter to the editor falsely accusing Darla of having sexual relations with her neighbor’s
Large damages awards in tort litigation have to be paid by someone. If the defendant is insured, then insurance companies foot the bill. Ultimately, though, high insurance rates are passed on to
Suppose that Dick and Karyn had two children and Dick had been awarded custody of them. If Paul had been watching Maureen to determine her fitness to care for the children, would the result in this
To succeed on a claim of intrusion into an individual’s affairs or seclusion, should a plaintiff have to prove a physical intrusion? Why or why not?
Why should the use of a robot, or “bot,” to initiate “multiple successive queries” have a different legal effect than typing and submitting queries manually?
Are there any circumstances under which the use of a bot to initiate “multiple successive queries” could be justified against claims of trespass to personal property?
Do Internet service providers (ISPs) have an ethical duty to advise their users if the information that the users provide for distribution through the ISPs might violate the law? Explain.
Should the courts continue to regard the CDA’s grant of immunity to ISPs as “quite robust”? Why or why not?
Richard is an employee of the Dun Construction Corp. While delivering materials to a construction site, he carelessly backs Dun’s truck into a passenger vehicle driven by Green. This is Richard’s
Lothar owns a bakery. He has been trying to obtain a long-term contract with the owner of Martha’s Tea Salons for some time. Lothar starts a local advertising campaign on radio and television and
Gerrit is a former employee of ABC Auto Repair Co. He enters ABC’s repair shop, claiming that the company owes him $800 in back wages. Gerrit argues with ABC’s general manager, Steward, and
Bombardier Capital, Inc., provides financing to boat and recreational vehicle dealers. Bombardier’s credit policy requires dealers to forward immediately to Bombardier the proceeds of boat sales.
America Online, Inc. (AOL), provides services to its customers or members, including the transmission of e-mail to and from other members and across the Internet. To become a member, a person must
In 1994, Gary Kremen registered the domain name “sex.com” with Network Solutions, Inc., to the name of Kremen’s business, Online Classifieds. Later, Stephen Cohen sent Network Solutions a
During the spring and summer of 1999, Edward and Geneva Irvine received numerous “hang-up” phone calls, including three calls in the middle of the night. With the help of their local phone
Lydia Hagberg went to her bank, California Federal Bank, FSB, to cash a check made out to her by Smith Barney (SB), an investment services firm. Nolene Showalter, a bank employee, suspected that the
Between 1996 and 1998, Donna Swanson received several anonymous, handwritten letters that, among other things, accused her husband, Alan, of infidelity. In 1998, John Grisham, Jr., the author of The
White Plains Coat & Apron Co. is a New York–based linen rental business. Cintas Corp. is a nationwide business that rents similar products. White Plains had five-year exclusive contracts with some
What defense will Ragged Mountain probably assert?Alaina Sweeney went to Ragged Mountain Ski Resort in New Hampshire with a friend. Alaina went snow tubing down a snow-tube run designed exclusively
The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport bars Alaina’s suit. What would your decision be on this issue?
Suppose that the court concludes that the statute applies only to skiing and does not apply to snow tubing. Will Alaina’s lawsuit be successful? Explain.Alaina Sweeney went to Ragged Mountain Ski
Now suppose that the jury concludes that Alaina was partly at fault for the accident. Under what theory might her damages be reduced in proportion to the degree to which her actions contributed to
Should the result in this case have been different if, in all the years that the napkin-throwing tradition existed, no one had ever fallen on the napkins before Izquierdo? Why or why not?
Does a plaintiff’s knowledge of a dangerous condition erase a defendant’s potential liability for negligently permitting the dangerous condition to exist? Explain.
What would be the advantages and disadvantages of a universal principle of proximate cause applied everywhere by all courts in all relevant cases? Discuss.
What is the basis underlying the defense of assumption of risk, and how does that basis support the court’s decision in the Sutton case?
Had the plaintiffs prevailed, how might the sites for soccer matches be different today?
Shannon’s physician gives her some pain medication and tells her not to drive after she takes it, as the medication induces drowsiness. In spite of the doctor’s warning, Shannon decides to drive
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill and knocks down an electric line. The sparks from the
Danny and Marion Klein were injured when part of a fireworks display went astray and exploded near them. They sued Pyrodyne Corp., the pyrotechnic company that was hired to set up and discharge the
A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within public rights-of-way. Despite this regulation, GTE South, Inc., placed a booth in the
New Hampshire International Speedway, Inc., owned the New Hampshire International Speedway, a racetrack next to Route 106 in Loudon, New Hampshire. In August 1998, on the weekend before the Winston
In July 2004, Emellie Anderson hired Kenneth Whitten, a licensed building contractor, to construct a two-story addition to her home. The bottom floor was to be a garage and the second floor a home
Neal Peterson’s entire family skied, and Peterson started skiing at the age of two. In 2000, at the age of eleven, Peterson was in his fourth year as a member of a ski race team. After a race one
Go to Case 7.3, Sutton v. Eastern New York Youth Soccer Association, Inc. Read the excerpt and answer the following questions.(a) Issue: The focus in this case was the application of the doctrine of
Donald and Gloria Bowden hosted a late afternoon cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was nineteen years old, attended the party.
Go to this text’s Web site at academic. cengage.com/blaw/clarkson, and select “Chapter 7.” Click on “Video Questions” and view the video titled Jaws. Then answer the following questions.(a)
Would the name “Hallowed” receive protection as a trademark or as trade dress?Two computer science majors, Trent and Xavier, have an idea for a new video game, which they propose to call
If Trent and Xavier had obtained a business process patent on Hallowed, would the release of Halo 2 infringe on their patent? Why or why not?Two computer science majors, Trent and Xavier, have an
Based only on the facts described above, could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not?Two computer science majors, Trent and Xavier, have an idea for a
Suppose that Trent and Xavier discover that Brad took the idea of Hallowed and sold it to the company that produced Halo 2. Which type of intellectual property issue does this raise?Two computer
Suppose that Coca-Cola had been trying to make the public believe that its product contained cocaine. Would the result in this case likely have been different? Why?
What has changed in the world of technology since the Betamax decision? Does the fact that more and more intellectual property is being digitized and is available online alter the underlying
Under the reasoning of the court in this case, would the use of a purported trademark solely on a Web site satisfy the “use in commerce” requirement? Explain.
Why is it important to allow a trademark’s assertive owners—in this case, the ITU applicants Menashe and Quock—to preemptively defend against the use of the mark by another party?
If a person of ordinary skill can implement a predictable variation of another’s patented invention, does the Court’s opinion indicate that the item is likely not to be patentable?
Based on the Court’s reasoning, what other factors should be considered when determining the obviousness of a patent?
What interest does the public have in upholding copyright law and granting the sort of relief that was awarded in this case? Explain.
When rights such as those in this case become more valuable as a result of new technology, should the law be changed to redistribute the economic benefit of those rights? Why or why not?
Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them
In which of the following situations would a court likely hold Ursula liable for copyright infringement? (a) Ursula goes to the library and photocopies ten pages from a scholarly journal relating to
In 1999, Steve and Pierce Thumann and their father, Fred, created Spider Webs, Ltd., a partnership, to, according to Steve, “develop Internet address names.” Spider Webs registered nearly two
Gateway, Inc., sells computers, computer products, computer peripherals, and computer accessories throughout the world. By 1988, Gateway had begun its first national advertising campaign using
As a cattle rancher in Nebraska, Gerald Gohl used handheld searchlights to find and help calving animals (animals giving birth) in harsh blizzard conditions. Gohl thought that it would be more
Bridgeport Music, Inc., is in the business of publishing music and exploiting musical composition copyrights. Westbound Records, Inc., is in the business of recording and distributing sound
Briefing.com offers Internet-based analyses of investment opportunities to investors. Richard Green is the company’s president. One of Briefing.com’s competitors is StreetAccount, LLC (limited
In 1969, Jack Masquelier, a professor of pharmacology, discovered a chemical antioxidant made from the bark of a French pine tree. The substance supposedly assists in nutritional distribution and
Custom Copies, Inc., in Gainesville, Florida, is a copy shop that, on request, reproduces and distributes, for profit, material published and owned by others. One of the copy shop’s primary
Go to this text’s Web site at academic. cengage.com/blaw/clarkson and select “Chapter 8.”Click on “Video Questions” and view the video titled The Jerk. Then answer the following questions.
Did Hanousek have the required mental state (mens rea) to be convicted of a crime? Why or why not?Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A) as a
Which theory discussed in the chapter would enable a court to hold Hanousek criminally liable for violating the statute regardless of whether he participated in, directed, or even knew about the
Could the quarry’s backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain.Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company
Suppose that at trial, Hanousek argued that he could not be convicted because he was not aware of the requirements of the CWA. Would this defense be successful? Why or why not?Edward Hanousek worked
It may have been legal in this case, but was it ethical for the prosecution to repeatedly emphasize the size of the telemarketers’ commissions? Why or why not?
In what circumstance would the prosecution be prevented from introducing evidence of high fund-raising costs? Why?
Why did Fellers argue on appeal that his “jailhouse statements” should have been excluded from his trial?
Should Fellers’s “jailhouse statements” have been excluded from his trial? Why or why not?
Those who are against stand-your-ground laws argue that they encourage vigilantism and preemptive shootings. Do you agree? Explain.
A person’s home is his or her castle. Does this traditional saying justify the use of deadly force against an intruder under all circumstances? Why or why not?
The following situations are similar (in all of them, Juanita’s laptop computer is stolen), yet three different crimes are described. Identify the three crimes, noting the differences among
Which, if any, of the following crimes necessarily involves illegal activity on the part of more than one person?(a) Bribery.(b) Forgery.(c) Embezzlement.(d) Larceny.(e) Receiving stolen property.
Armington, while robbing a drugstore, shot and seriously injured a drugstore clerk, Jennings. Subsequently, in a criminal trial, Armington was convicted of armed robbery and assault and battery.
Rafael stops Laura n a busy street and offers to sell her an expensive wristwatch for a fraction of its value. After some questioning by Laura, Rafael admits that the watch is stolen property,
Four Pillars Enterprise Co. is a Taiwanese company owned by Pin Yen Yang. Avery Dennison, Inc., a U.S. corporation, is one of Four Pillars’ chief competitors in the manufacture of adhesives. In
The Sixth Amendment secures to a defendant who faces possible imprisonment the right to counsel at all critical stages of the criminal process, including the arraignment and the trial. In 1996,
In February 2001, a homeowner hired Jimmy Smith, a contractor claiming to employ a crew of thirty workers, to build a garage. The homeowner paid Smith $7,950 and agreed to make additional payments as
Robert Michels met Allison Formal through an online dating Web site in 2002. Michels represented himself as the retired chief executive officer of a large company that he had sold for millions of
Helm Instruction Co. in Maumee, Ohio, makes custom electrical control systems. Helm hired Patrick Walsh in September 1998 to work as comptroller. Walsh soon developed a close relationship with
A troublesome issue concerning the constitutional privilege against self-incrimination is the extent to which law enforcement officers may use trickery during an interrogation to induce a suspect to
Go to this text’s Web site at academic, cengage.com/blaw/clarkson and select “Chapter 9.” Click on “Video Questions” and view the video titled Casino. Then answer the following
What are the four requirements of a valid contract?Grant Borman, who was engaged in a construction project, leased a crane from Allied Equipment and hired Crosstown Trucking Company to deliver the
Did Crosstown have a valid contract with Borman concerning the use of the crane? If so, was it a bilateral or a unilateral contract? Explain.Grant Borman, who was engaged in a construction project,
What are the requirements of an implied-in-fact contract? Can Allied Equipment obtain damages from Crosstown based on an implied-in-fact contract? Why or why not?Grant Borman, who was engaged in a
Should a court impose a quasi contract on the parties in this situation to allow Allied to recover damages from Crosstown? Why or why not?Grant Borman, who was engaged in a construction project,
Suppose that the October 15 letter had used the phrase “potential offer of employment” instead of using the word “conditional.” Would the court in this case still have considered the letter
Why did the court order the city to stop the 61st Police Academy unless the plaintiffs were included?
Should a court accept without proof a party’s assertion that something was or was not done “by mistake”? Explain.
Would the outcome of this case have been different if the parties had communicated via an e-mail system that limited the size of the documents that they could transmit to each other? Why or why not?
How might the result in this case have been different if the court had admitted the Wagners’ evidence of the “Love Song” contract?
Under what circumstance would the Wagners’ evidence of the “Love Song” contract have been irrelevant and yet they would still have been entitled to a share of the profits from the
Suppose that Everett McCleskey, a local businessperson, is a good friend of Al Miller, the owner of a local candy store. Every day on his lunch hour, McCleskey goes into Miller’s candy store and
Janine was hospitalized with severe abdominal pain and placed in an intensive care unit. Her doctor told the hospital personnel to order around-the-clock nursing care for Janine. At the hospital’s
Burger Baby restaurants engaged Air Advertising to fly an advertisement above the Connecticut beaches. The advertisement offered $1,000 to any person who could swim from the Connecticut beaches to
D.L. Peoples Group (D.L.) placed an ad in a Missouri newspaper to recruit admissions representatives, who were hired to recruit Missouri residents to attend D.L.’s college in Florida. Donald Hawley
East Mill Associates (EMA) was developing residential “units” in East Brunswick, New Jersey, within the service area of the East Brunswick Sewerage Authority (EBSA). The sewer system required an
In December 2000, Nextel South Corp., a communications firm, contacted R. A. Clark Consulting, Ltd., an executive search company, about finding an employment manager for Nextel’s call center in
California’s Subdivision Map Act (SMA) prohibits the sale of real property until a map of its subdivision is filed with, and approved by, the appropriate state agency. In November 2004, Black Hills

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