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law for business

Questions and Answers of Law for Business

What is a composition and how does it work?
Explain how promissory estoppel works in the context of consideration.
Explain the effect of unforeseeable difficulties.
Falbe bought a computer from Dell over the phone. When he received it, it came with Dell’s standard “Terms and Conditions of Sale” form. It said: “Please read this document carefully. It
Pearsall and Alexander, friends for over 20 years, met twice a week after work at a liquor store. There they bought what they called a “package”—a half-pint of vodka, orange juice, two cups,
Montgomery was covered under a group life insurance policy and his ex-wife was the beneficiary. When he remarried, Michael designated his new wife, Cynthia, as the beneficiary, and she mailed the
Basis entered an agreement with Amazon whereby it would provide services allowing Amazon to create an electronic commerce service in Japan. A few months later, they signed a “Series of Preferred
Barron, a commercial contractor, was having financial problems as a result of problems on various projects. Barron and Lambert had a long-standing professional relationship based on public service on
Chateau des Charmes Wines bought special corks for its wines from Sabate USA, a wholly owned subsidiary of Sabate France. The corks were not supposed to cause wines to be spoiled by “cork taint.”
Explain how one can accept a unilateral contract.
In form contracts between merchants, what factors determine whether additional terms become part of the contract?
How does acceptance by shipment operate?
Rodziewicz’s tractor trailer struck a concrete barrier and got stuck on the top. He called Waffco to get it off. When he asked how much it would cost to tow it, he was told $275. He told Waffco to
When he was a high school senior, Aronson researched colleges on the Internet. A primary consideration was cost and the nature and types of financial aid. The University of Mississippi’s (UM)
Saltarelli worked for Future Ford and had his health insurance under its group plan. He then went to work at a Bob Baker dealership and signed up for its insurance. However, because Baker’s policy
Chateau des Charmes Wines Ltd., a Canadian Company, bought special corks for its wine from Sabate USA, a wholly owned subsidiary of Sabate France. The corks were supposed to not cause wines to be
Conwell was a partner in Piece of America (POA), a company that sold one-square-inch pieces of land in each of the 50 states. The company wanted to sell them through a website and approached Gray
Giovo was in an accident with McDonald. McDonald’s insurer, GEICO, and Giovo’s attorney exchanged offers and counteroffers to settle Giovo’s negligence claim. GEICO eventually agreed to meet
In 1995 the Republican National Committee (RNC) ran a newspaper ad featuring a photo of Haley Barbour, the chair of the RNC, holding an oversized check for $1 million, payable to “your name
Explain the difference between firm offers and options.
Explain the role of estoppel in interpreting how long an offer lasts.
Connwell was a partner in Piece of America (POA), a company that sold one-square-inch parcels of land in each of the 50 states. The company wanted to sell through a website and contacted Gray Loon
The Taylors bought an oceanfront lot in Oregon. The next year, Staley bought an oceanfront lot south of the Taylors and built a home on it. Over the years, Staley often expressed concern that when
The Races bought a mobile home from Fleetwood Retail Corp. They had a lot in mind, but Fleetwood convinced them to buy a lot from it, telling the Races that lots were scarce, others were
Sheldorado Aluminum Products sold an aluminum awning to Villette and installed it on the back of his home for use as a carport. There was no formal written contract, but there was a bill of sale. The
Palese bought five lottery tickets. He used a “play slip” to select his numbers, then filled them in on the grid. He put his tickets in his pocket. At home, he did the laundry. Several days
Explain a quasi contract.
What is a merchant under the UCC, and what difference does it make?
Explain how the court determines whether to apply the UCC or the common law in a contract involving both services and goods.
PhoneDog is an interactive marketing company that reviews mobile products and services and provides users with resources needed to research, compare prices, and shop from mobile carriers. It uses a
Monsanto sells, and allows other companies to sell, its patented Roundup Ready soybean seeds to growers who agree to a special licensing agreement that permits a grower to plant the purchased seeds
Mars Sales Company and Berner International Corporation compete in the production and sale of devices that use a barrier of moving air directed across an open doorway or other opening for temperature
Diehr wished to patent his process for molding raw uncured synthetic rubber into cured precision products. The process used a mold for shaping rubber under heat and pressure and then curing it while
John Wiley & Sons publishes academic textbooks over which it generally owns the American copyright. While he was studying in the United States, Kirtsaeng asked his friends and family in Thailand
Schwan’s introduced Freschetta Brick Oven pizza, a square, fire-baked crust topped with high-quality ingredients. Schwan’s chose the name Brick Oven, hoping to convey gourmet quality and a
Rolfe and Gary Christopher were hired by persons unknown to take aerial photographs of new construction at a plant that DuPont was building to exploit a highly secret unpatented process for producing
Arista Records filed suit against Columbus Farmers Market for vicarious copyright infringement. Arista claims that the flea market is a “pirate bazaar” where many of the flea market’s vendors
During World War II, the government built the Hanford Nuclear Weapons Reservation to produce plutonium for military purposes. It asked DuPont to run it, which it reluctantly did to help the war
Sorrell was driving a dump truck loaded with asphalt to repair railroad crossings when another Norfolk truck approached. Sorrell claimed he was forced off the road. The truck flipped and he was
Izquierdo and Mendez lived together and were engaged. While they were on a bike ride, one of Ricitelli’s dogs ran after Izquierdo and struck her bike, causing her to fall and be injured. Mendez saw
Powell and three companions attended a rock concert performed by John Fogerty, a member of the defunct band Credence Clearwater Revival. Powell sued, claiming that the loud music played by the
A driver lost control of his car in the early morning on an icy road, and a sheriff’s deputy responded. The deputy told the county highway department about the icy condition. He then left without
Cruz, a migrant worker who lived in a mobile home with six other workers, died in a fire in the home. The smoke alarm did not go off, and Cruz was trapped in the bedroom. Cruz’s widow sued the
Sigler yelled at Kobinsky for allowing his son to urinate in Sigler’s yard. Kobinsky then began a campaign of harassment by anonymously placing ads indicating that Sigler had a business he did not
Describe the effects of recklessness and assumption of the risk in negligence cases.
What is negligence per se? Give an example.
What are the factors the courts look at to determine whether there is a duty?
Rosa Parks was a civil rights icon who became famous in 1955 when she refused to give up her bus seat for a white passenger. This act prompted Martin Luther King’s legendary bus boycott. In 1998,
Roberts (the plaintiff in number 8) also sued for malicious prosecution, claiming the company failed to disclose evidence that could have cleared him, and fabricated evidence that made him look
Roberts allowed the company’s controller and senior vice president to backdate 20,000 shares of stock he received when he was promoted several months earlier. This allowed the stock to be valued
Dr. Hatfill was identified as a “person of interest” in the fatal anthrax mailings following the September 11 terrorist attacks in New York. He sued the New York Times for defamation after a
The coroner asked a photographer to work on an autopsy training video. The photographer got permission to work on an art project using bodies in the morgue, often with props. For example, one photo
Albright was hired to be a bodyguard for Madonna. He became romantically involved with her for two years. Several years later he contracted to sell information about Madonna for a biography. One
Robert B. represented to Kathleen K. that he was free from venereal disease when he knew or should have known he had herpes. Relying on this representation, Kathleen K. had sexual intercourse with
Explain punitive damages and describe how they are determined.
Explain why public figures are given less protection under defamation.
Explain the elements necessary to show false imprisonment.
The complainant was a convicted sex offender. After his conviction, Massachusetts passed a law that would require him to wear a satellite based monitoring device. He challenged the law’s
Jones was a suspect being investigated by a joint FBI and District of Columbia drug task force. The investigators got a warrant to attach a global positioning device (GPS) to Jones’s Jeep. The
Lock was convicted of operating a vehicle as a habitual traffic violator and had his license suspended. The statute said that individuals with suspended driving privileges could still commute so long
Hong bought a wastewater treatment plant and named it Avion. He carefully avoided any formal association with the company and was not an officer. However, he did control its assets and played a
Agents who were investigating six armed robberies in Maryland received from the court an order giving them access to 221 days of Sprint/Nextel records showing where the defendants’ phones were. To
Describe at least one way that the PATRIOT Act affects a constitutional right.
What is the difference in the burden of proof between criminal and civil law?
Charlie Craig and David Mullins visited Masterpiece Cake shop in Colorado and requested that its owner, Jack Phillips, design and create a cake to celebrate their same sex wedding. Phillips declined,
The Massachusetts legislature passed legislation that created a 35-foot buffer zone around the entrances, exits, and driveways of abortion clinics. Four categories of people are permitted to be in
To discourage tobacco use, federal law required all cigarette packages manufactured or sold in the United States to bear color graphics depicting the negative health consequences of smoking. The
After decades of economic decline, city officials in New London targeted the city for economic revitalization. To this end, New London Development Corporation (NLDC), a private nonprofit entity
Arturo Picca, a citizen of Italy, was admitted to the United States as a lawful permanent resident, where he lived without incident for 35 years. After Picca was convicted of attempted sale of a
The Maryland Department of Human Resources revoked a child care center’s license on findings that a number of preschool-age children were victims of physical and sexual abuse while in the
A Miami-Dade County ordinance required that stevedores (workers who load and unload cargo) working in the Port of Miami have a license. Stevedore permits expired annually, and a county ordinance
A New York City ordinance prohibits the sale in the city of any flavored tobacco product except in a tobacco bar. The U.S. Smokeless Tobacco Manufacturing Company challenged the validity of the
After toxic fumes leaked from Union Carbide’s pesticide plant in Bhopal, India, more than 3,300 people were killed and another 30,000 injured. Two sources later indicated that Union Carbide had
After someone laced Tylenol capsules with cyanide, killing seven people, Johnson & Johnson (the maker of Tylenol) recalled and destroyed 31 million capsules at a cost of more than $100 million.
U.S. tobacco companies have discovered an eager market for tobacco products in eastern Europe. However, of the developed world, life expectancy is shortest in that region of the world and antismoking
Managers at Russia’s largest industrial enterprises have been reluctant to embrace all that capitalism seems to offer. Many argue that it is unethical to adopt Western practices such as mass
One of this country’s richest commercial fishing areas was devastated by a massive oil spill when an oil tanker, the Exxon Valdez, ran aground. The ship’s captain had been treated for alcoholism
The Michigan Department of Corrections (MDOC) barred males from working in certain positions at its female prisons. MDOC designated approximately 250 positions in housing units at female prisons as
Ryan Hart is a former quarterback for Rutgers University’s football team. He sued Electronic Arts for violating his right to publicity by using his likeness and biographical information in its NCAA
Profit maximizers sometimes argue that corporate abuses are adequately controlled by legal rules. Specifically, explain how the social responsibility advocates respond to this assertion.
Omega, an Indiana resident, sold a Porsche on eBay to the Attaways, who were Idaho residents. The Attaways hired CarHop USA, a Washington auto transporter, to pick up the car. After taking delivery,
Wong signed a cell phone contract with T-Mobile. It contained an arbitration clause and a waiver of class action suits. He later filed a class action suit against T-Mobile alleging that the company
What is the plaintiff’s burden of proof in a civil case? Who decides whether the plaintiff has met this burden?
What factors are considered in determining personal jurisdiction?
What are the main advantages of using ADR over going to trial?
What is a class action? What factors do the courts look at to determine who can represent the class?
After noticing that Jennifer’s baby was not eating well and was small for his age, doctors tested him for drugs. When the test results proved positive, Jennifer admitted to police that she had
Zerlene Rico sued Mitsubishi Motors for negligence and strict liability. Rico’s attorney, Raymond Johnson, somehow obtained the notes of one of the defense attorneys, James Yukevich, after a
Lozman owned a 60-foot by 12-foot floating home that contained a sitting room, bedroom,closet, bathroom, and kitchen, along with a stairway leading to a second level with office space. Unlike a
One wheel on an automobile manufactured by Buick Motor Company was defectively made. Buick would have discovered the defective condition if it had made a reasonable inspection of the wheel. Buick
Martha Stewart sold 3,928 shares of ImClone stock after allegedly learning from her stockbroker that the corporation’s chief executive office was seeking to sell his shares. It was suspected that
A jury convicted Keith Bowles of murder and sentenced him to 15 years to life imprisonment. Although Bowles had 30 days to file a notice of appeal, he failed to do so. Bowles then moved to reopen the
Describe the various ways in which the courts make law.
What are the primary functions of law?

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