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Questions and Answers of Business Law

Suppose that the court had ruled in the plaintiff’s favor. How might that ruling have affected the plaintiff’s contracts with other parties?
If Bobb’s had delivered the piano in new condition and Jauregui had refused to pay for it only out of “buyer’s remorse,” how might the outcome in this case have been different?
What might a buyer who prevails in a dispute such as the one in this case be awarded in addition to the contract price with interest?
Suppose that Fitl and Strek had included in their deal a clause requiring Fitl to give notice of any defect in the card within “7 days to 1 month” of its receipt. Would the result have been
What might a buyer who prevails in a dispute such as the one in this case be awarded?
Did GFI have a legitimate reason to expect that Egan would accept the fourth shipment? Why or why not?GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential components used
Did the substitution of carriers in the third shipment constitute a breach of the contract by GFI? Explain.GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential components
Suppose that the silicon used for the chips becomes unavailable for a period of time. Consequently, GFI cannot manufacture enough chips to fulfill the contract but does ship as many as it can to
Under the UCC, does Egan have a right to reject the fourth shipment? Why or why not?GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential components used in the manufacture
Ames contracts to ship to Curley one hundred model Z television sets. The terms of delivery are F.O.B. Ames’s city, by Green Truck Lines, with delivery on or before April 30.On April 15, Ames
Topken has contracted to sell Lorwin five hundred washing machines of a certain model at list price. Topken is to ship the goods on or before December 1. Topken produces one thousand washing machines
Lehor collects antique cars. He contracts to purchase spare parts for a 1938 engine from Beem. These parts are not made any more and are scarce. To obtain the contract with Beem, Lehor agrees to pay
Mississippi Chemical Corp. (MCC) produces ammonia at its fertilizer plant in Yazoo City, Mississippi. The production of ammonia involves the compression of gas in special equipment called a
In April 1996, Excalibur Oil Group, Inc., applied for credit and opened an account with Standard Distributors, Inc., to obtain snack foods and other items for Excalibur’s convenience stores. For
Eaton Corp. bought four air-conditioning units from Trane Co., an operating division of American Standard, Inc., in 1998. The contract stated in part, “NEITHER PARTY SHALL BE LIABLE FOR . . .
Advanced Polymer Sciences, Inc. (APS), based in Ohio, makes polymers and resins for use as protective coatings in industrial applications. APS also owns the technology for equipment used to make
L.V.R.V., Inc., sells recreational vehicles (RVs) in Las Vegas, Nevada, as Wheeler’s Las Vegas RV. In September 1997, Wheeler’s sold a Santara RV made by Coachmen Recreational Vehicle Co. to
Nomo Agroindustrial Sa De CV is a farm company based in Mexico that grows tomatoes, cucumbers, and other vegetables to sell in the United States. In the early 2000s, Nomo had problems when its tomato
Scotwood Industries, Inc., sells calcium chloride flake for use in ice melt products. Between July and September 2004, Scotwood delivered thirty-seven shipments of flake to Frank Miller & Sons, Inc.
Go to this text’s Web site at academic. cengage.com/blaw/clarkson and select “Chapter 22.” Click on “Video Questions” and view the video titled International: Letter of Credit. Then answer
Do you agree that the CAFA will be effective in curtailing frivolous lawsuits? What other methods can you suggest to stop plaintiffs from filing suits that have no merit?
Critics of the CAFA argue that the legislation deprive Americans of “their day in court” when they are wronged by powerful corporations. Under what circumstances could this criticism be justified?
Should Shoop’s trade-in of the Dakota preclude his recovery in this case? Why or why not?
If Shoop is allowed to recover damages for breach of warranty, what should be the measure of those damages?
If Webster had made the chowder herself from a recipe that she had found on the Internet, could she have successfully brought an action against its author for a breach of the implied warranty of
If Crosswhite had proved that he had not seen, before his accident, the warnings that Jumpking provided, would the court have considered the trampoline defective or unreasonably dangerous? Why or why
Is the danger from jumping on a trampoline so obvious that even if Jumpking’s product had lacked warnings, the manufacturer should not be held liable for a user’s injuries? Explain.
Did Porter’s statement that the spa was “top of the line” and “the Cadillac of spas” create any type of warranty? Why or why not?Shalene Kolchek bought a Great Lakes Spa from Val Porter, a
If the paperwork provided to Kolchek after her purchase indicated that the spa had no warranty, would this be an effective disclaimer under the Uniform Commercial Code? Explain.Shalene Kolchek bought
One night, Kolchek’s six-year-old daughter, Litisha, was in the spa with her mother. Litisha’s hair became entangled in the spa’s drain and she was sucked down and held underwater for a
If Kolchek had negligently left Litisha alone in the spa prior to the incident described in the previous question, what defense to liability might Porter assert?Shalene Kolchek bought a Great Lakes
Moon, a farmer, needs to install a two-thousand-pound piece of equipment in his barn. This will require lifting the equipment thirty feet up into a hayloft. Moon goes to Davidson Hardware and tells
Colt manufactures a new pistol. The firing of the pistol depends on an enclosed high pressure device. The pistol has been thoroughly tested in two laboratories in the Midwest, and its design and
Baxter manufactures electric hair dryers. Julie purchases a Baxter dryer from her local Ace Drugstore. Cox, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie
Shalom Malul contracted with Capital Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens. The price was $10,900. On Capital’s recommendation, Malul hired Barry Burger
In January 1999, John Clark of Clarksdale, Mississippi, bought a paintball gun. Clark practiced with the gun and knew how to screw in the carbon dioxide cartridge, pump the gun, and use its safety
Mary Jane Boerner began smoking in 1945 at the age of fifteen. For a short time, she smoked Lucky Strikes (a brand of cigarettes) before switching to the Pall Mall brand, which she smoked until she
Videotape is recorded magnetically. The magnetic particles that constitute the recorded image are bound to the tape’s polyester base. The binder that holds the particles to the base breaks down
Bret D’Auguste was an experienced skier when he rented equipment to ski at Hunter Mountain Ski Bowl, Inc., owned by Shanty Hollow Corp., in New York. The adjustable retention/release value for the
Peter and Tanya Rothing operate Diamond R Stables near Belgrade, Montana, where they bred, trained, and sold horses. Arnold Kallestad owns a ranch in Gallatin County, Montana, where he grows hay and
Susan Calles lived with her four daughters, Amanda, age 11,Victoria, age 5, and Jenna and Jillian, age 3. In March 1998, Calles bought an Aim N Flame utility lighter, which she stored on the top
Go to this text’s Web site at academic. cengage/com/blaw/clarkson and select “Chapter 23.” Click on “Video Questions” and view the video titled Warranties. Then answer the following
What are the disadvantages of not being able to endorse checks to other parties?
Did Gowin’s delivery of the note to Granite Depot meet his capital contribution requirement without further payment? Why or why not?
Why is a note with no stated time for payment considered a demand note rather than an unenforceable note?
If Foundation had sent CTP an e-mail threatening to accelerate the note each time CTP’s payment was late, would this have been sufficient to support the holder’s eventual demand for full payment?
Suppose that Foundation was an entity based outside the United States. Could it have successfully claimed, in attempting to enforce the acceleration clause, that it had not given CTP notice because
Using the categories discussed in the chapter, what type of negotiable instrument was the note that Durbin signed (an order to pay or a promise to pay)? Explain.Robert Durbin, a student, borrowed
Suppose that the note did not state a specific interest rate but instead referred to a statute that established the maximum interest rate for government-guaranteed school loans. Would the note fail
For the government to be a holder, which method must have been used to transfer the instrument from the bank to the government?Robert Durbin, a student, borrowed funds from a bank for his education
Suppose that in court, Durbin argues that because the school closed down before he could finish his education, there was a failure of consideration: he did not get something of value in exchange for
Sabrina Runyan writes the following note on a sheet of paper: “I, the undersigned, do hereby acknowledge that I owe Leo Woo one thousand dollars, with interest, payable out of the proceeds of the
Juan Sanchez writes the following note on the back of an envelope: “I, Juan Sanchez, promise to pay Kathy Martin or bearer $500 on demand.” Is this a negotiable instrument? Discuss fully.
A college student, Austin Keynes, wished to purchase a new entertainment system from Friedman Electronics, Inc. Because Keynes did not have the cash to pay for the entertainment system, he offered to
Adam’s checks are imprinted with the words “Pay to the order of” followed by a blank. Adam fills in an amount on one of the checks and signs it, but he does not write anything in the blank
In October 1998, Somerset Valley Bank notified Alfred Hauser, president of Hauser Co., that the bank had begun to receive what appeared to be Hauser Co. payroll checks. None of the payees were Hauser
In October 1996, Robert Hildebrandt contracted with Harvey and Nancy Anderson to find a tenant for the Andersons’ used-car lot. The Andersons agreed to pay Hildebrandt “a commission equal in
In July 1981, Southeast Bank in Miami, Florida, issued five cashier’s checks, totaling $450,000, to five payees, including Roberto Sanchez. Two months later, in Colombia, South America, Sanchez
In September 2001, Cory Babcock and Honest Air Conditioning & Heating, Inc., bought a new 2001 Chevrolet Corvette from Cox Chevrolet in Sarasota, Florida. Their retail installment sales contract
In November 2000, Monay Jones signed a promissory note in favor of a mortgage company in the amount of $261,250, using the deed to her home in Denver, Colorado, as collateral. Fifth Third Bank soon
Go to this text’s Web site at academic. cengage/com/blaw/clarkson and select “Chapter 24.” Click on “Video Questions” and view the video titled Negotiable Instruments. Then answer the
Other than negotiation, what is the significance of the UCC provision at issue in this case?
If an instrument made payable to two persons without specifying and or or (a stacked payee designation) was considered unambiguous and payable jointly before the amendment of this provision of the
Does a drawer who acts as Westport did—consulting with, and delivering the first two checks to, the Graveses—create an ethical obligation with respect to the delivery of the third check? Why or
Is there a method, other than payment, that would have discharged Westport’s obligation as the drawer of the check? Explain.
Suppose that Forsgard’s account at Mid Wisconsin already had been overdrawn when the check was deposited. How might the result in this case have been different?
Should the court have given more weight to the fact that Forsgard’s account had been overdrawn twenty-four times? Why or why not?
What method was most likely used to negotiate the instruments described here?The Brown family owns several companies, including the J. H. Stevedoring Company and Penn Warehousing and Distribution,
Suppose that all of the checks issued to the defendants were made payable to “Fasig-Tipton Co., Fasig-Tipton Midlantic, Inc.” Under the Uniform Commercial Code, were the instruments payable
Do the defendants in this situation (the two Fasig-Tipton firms) meet the requirements of an HDC? Why or why not?The Brown family owns several companies, including the J. H. Stevedoring Company and
In whose favor should the court rule and why?The Brown family owns several companies, including the J. H. Stevedoring Company and Penn Warehousing and Distribution, Inc. Many aspects of the
A check drawn by Cullen for $500 is made payable to the order of Jordan and issued to Jordan. Jordan owes his landlord $500 in rent and transfers the check to his landlord with the following
Celine issues a ninety-day negotiable promissory note payable to the order of Hayden. The amount of the note is left blank, pending a determination of the amount that Hayden will need to purchase a
Through negotiation, Emilio has received from dishonest payees two checks with the following histories:(a) The drawer issued a check to the payee for $9.The payee cleverly altered the numeral on the
Bertram writes a check for $200 payable to “cash.” He puts the check in his pocket and drives to the bank to cash the check. As he gets out of his car in the bank’s parking lot, the check slips
In July 1988, Chester Crow executed a promissory note payable “to the order of THE FIRST NATIONAL BANK OF SHREVEPORT or BEARER” in the amount of $21,578.42 at an interest rate of 3 percent per
Hartford Mutual Insurance Co. issued a check for $60,150 payable to “Andrew Michael Bogdan, Jr., Crystal Bogdan, Oceanmark Bank FSB, Goodman-Gable-Gould Company.” The check was to pay a claim
In September 2001, Cory Babcock and Honest Air Conditioning & Heating, Inc., bought a new 2001 Chevrolet Corvette from Cox Chevrolet in Sarasota, Florida. Their retail installment sales contract
Robert Triffin bought a number of dishonored checks from McCall’s Liquor Corp., Community Check Cashing II, LLC (CCC), and other licensed check-cashing businesses in New Jersey. Seventeen of the
As an assistant comptroller for Interior Crafts, Inc., in Chicago, Illinois, Todd Leparski was authorized to receive checks from Interior’s customers and deposit the checks into Interior’s
Go to this text’s Web site at academic. cengage.com/blaw/clarkson and select “Chapter 25.” Click on “Video Questions” and view the video titled Negotiability & Transferability: Indorsing
How might the principles in this case have been applied if there had never been a paper copy of the check—if, for example, Choi’s deposit and withdrawal of funds had occurred entirely online?
What is the practical basis for the warranty that a check presented for payment has not been altered since its issuance?
If the court had affirmed the judgment in favor of T.E.K., against whom might the Keeslings have had a right of recourse?
What might the parties who executed the second note have done at the time to avoid the outcome in this case?
With regard to signature liability, which provision of the Uniform Commercial Code (UCC) discussed in this chapter applies to this scenario?Nancy Mahar was the office manager at Golden Years Nursing
What is the rule set forth by that provision?Nancy Mahar was the office manager at Golden Years Nursing Home, Inc. She was given a signature stamp to issue checks to the nursing home’s employees
Under the UCC, which party, Golden Years or Star Bank, must bear the loss in this situation? Why?Nancy Mahar was the office manager at Golden Years Nursing Home, Inc. She was given a signature stamp
Based on these facts, describe any transfer or presentment warranties that Mahar may have violated.Nancy Mahar was the office manager at Golden Years Nursing Home, Inc. She was given a signature
What are the exceptions to the rule that a bank will be liable for paying a check over an unauthorized indorsement?
Waldo makes out a negotiable promissory note payable to the order of Grace. Grace indorses the note by writing on it “Without recourse, Grace” and transfers the note for value to Adam. Adam,in
Niles sold Kennedy a small motorboat for $1,500, maintaining to Kennedy that the boat was in excellent condition. Kennedy gave Niles a check for $1,500, which Niles indorsed and gave to Frazier for
Williams purchased a used car from Stein for $1,000.Williams paid for the car with a check (written in pencil) payable to Stein for $1,000. Stein, through careful erasures and alterations, changed
Gil makes out a $900 negotiable promissory note payable to Ben. By special indorsement, Ben transfers the note for value to Jess. By blank indorsement, Jess transfers the note for value to Pam. By
Telemedia Publications, Inc., publishes Cablecast magazine, a weekly guide to the listings of the cable television programming in Baton Rouge, Louisiana. Cablecast hired Jennifer Pennington as a
Robert Helmer and Percy Helmer, Jr., were authorized signatories on the corporate checking account of Event Marketing, Inc. The Helmers signed a check drawn on Event Marketing’s account and issued
On September 13, 1979, Barbara Shearer and Barbara Couvion signed a note for $22,500, with interest at 11 percent, payable in monthly installments of $232.25 to Edgar House and Paul Cook. House and
Ameripay, LLC, is a payroll services company that, among other things, issues payroll checks to the employees of its clients. In July 2002, Nu Tribe Radio Networks, Inc. (NTRN), based in New York
Donald Goosic, a building contractor in Nebraska, did business as “Homestead” builders. To construct a house on “spec” (without a preconstruction buyer), Donald obtained materials from Sack
Clarence Morgan, Jr., owned Easy Way Automotive, a car dealership in D’ Lo, Mississippi. Easy Way sold a truck to Loyd Barnard, who signed a note for the amount of the price payable to Trustmark

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