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business law
Questions and Answers of
Business Law
How might a file-sharing system, or a similar service, be put to commercially significant but nonfringing uses?
As social media becomes ever more pervasive, what can be expected to occur with respect to trademark disputes?
Why is copyright law important in cyberspace?
Could the winner of an Academy Award, or a Heisman Trophy, or any other award with a familiar title, use that trademark as a meta tag for a Web site? Could someone who has not won such an award use
Why is it important to protect trademarks from trademark dilution and cyber squatting?
Why might it be difficult for U.S. authorities to ever investigate the Koobface gang?
What entities might pay "cyber mercenaries" to create some of the malware described in this feature?
If Miller and Marcum had used smartphones and U.S. Cellular had stored its records in the "cloud," would the outcome likely have been different? Explain.
Daisy takes her roommate's credit card, intending to charge expenses that she incurs on a vacation. Her first stop is a gas station, where she uses the card to pay for gas. With respect to the gas
Considering the cyber crime discussed in this chapter, what are the greatest risks to an information technology system or computer network in a business environment?
What are the elements of a crime?
Describe the prosecutorial process from arrest to conviction.
What are some important constitutional protections of individuals' rights in the area of criminal law?
Could probable cause exist to detain a suspect and conduct a search if the suspect has multiple e-mail accounts, regularly uses the Internet, is sophisticated with computers, and knows how to protect
Suppose that a foreign nation does not prosecute cyber criminals and does not cooperate with U.S. authorities to investigate cyber crimes against U.S. citizens. What effect might this have on the
The media has exposed Web sites that purported to sell tickets to certain concerts and would accept credit and banking information from would-be buyers but did not deliver the tickets. What can
Managers are potentially responsible for all actions of their foreign subsidiaries, whether or not they knew of the illegal conduct. Taking that fact into account, what actions should Orthofix's
Does an organization have an ethical obligation to secure a safe and harassment-free workplace for its employees? Discuss.
How does a law come to be an expression of an ethical principle?
What are reasons for unethical business behavior?
In negotiating a business deal, is "strategic misrepresentation" permissible?
Why would a corporation prefer to be seen as ethical?
Does a company have a duty to act in socially or politically beneficial ways?
How does a corporation's investment in a political or social agenda affect its duty to its shareholders?
To whom might a corporation owe a duty? What must a corporation do if it finds itself subject to conflicting duties?
Because business controls so much wealth and power, what duty does it arguably have to society?
What are the differences among valid, void, voidable, and unenforceable contracts?
Why must a contract have "reasonably definite terms" and how "definite" must the terms be?
Who may accept an offer?
Is a court likely to enforce a click-on agreement?
How does a void contract differ from a voidable contract? What is an unenforceable contract?
What is "adequacy of consideration"?
How does a quasi contract differ from an express or an implied-in-fact contract?
How does a party distinguish between an executed and an executory contract?
If a country does not have a Statute of Frauds and a dispute arises over an oral agreement, how can the parties substantiate their positions?
At the time Holmes had signed the release, KSDK had not yet become a sponsor of the event. Should this fact have rendered the clause unenforceable? Explain.
Did Shivley's misrepresentations rise to the level of fraud? Explain.
What is a minor's obligation on disaffirmance?
What is a collateral promise?
What effect does a minor's misrepresentation of age have on his or her right to disaffirm?
Identify and discuss some exceptions to the rule that a court will not enforce an illegal agreement.
What is the legal significance of the difference between a mistake in judgment as to market conditions and a mistake of fact?
Does a unilaterally mistaken party have any right to relief?
The elements of fraudulent misrepresentation include misrepresentation of a material fact. Discuss this element.
In what circumstance does undue influence occur?
Why do certain contracts have to be written to be enforceable?
Explain the one-year rule.
What is a limitation-of-liability clause, and when will courts enforce it?
Should Kolodin's role in bringing about the "no contact" stipulation through her request for a protection order have rendered the doctrine of impossibility inapplicable?
Discuss rescission and restitution.
How do assignments function?
Discuss the degrees of performance.
What is the effect of an anticipatory repudiation on the nonbreaching party?
What is the difference between a rescission and a novation?
What are consequential damages?
If a contract involves both goods and services, does the UCC apply?
If the parties to a contract do not expressly agree when the risk passes and the goods are to be delivered without movement by the seller, when does risk pass?
Suppose that Blasini had made no payments under the contract for the sale of the Attic's assets. How should that circumstance affect the disbursement of the insurance proceeds?
What difference does it make whether UCC Article 2 applies to a contract?
What is the United Nations Convention on Contracts for the International Sale of Goods (CISG)?
Is a contract in which a sale of services and goods combined subject to the UCC?
How do the common law and the UCC differ regarding an offeree's acceptance that includes terms in addition to or different from the offer?
How do UCC provisions differ from the common law regarding modification of contracts?
When and where does title pass?
When does a buyer have an insurable interest in goods?
What does "good faith" mean under the UCC?
How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?
When can a seller reclaim goods?
When is a seller entitled to recover damages? What is the measure of the damages?
When can a buyer cancel a contract?
What damages can a buyer recover?
What is the difference between express warranties and puffing?
What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
If warranties are inconsistent, what are the priorities?
What law protects consumers against contaminated and misbranded foods and drugs?
What federal statute is aimed at preventing inaccurate credit reporting?
In the long run, is astroturfing likely to benefit a company that is selling an inferior product? Why or why not?
One chemist claims that the list of "dangerous" chemicals is an example of "chemophobia." What do you think he meant?
What does the interpretation of the law in this case suggest to business persons who sell products labeled with statements mandated by federal or state law?
States also offer protection for consumers under the Uniform Commercial Code (UCC) and other statutes. What standard does the UCC provide for determining whether a contract is unconscionable?
How does a bait-and-switch advertisement work?
What are some of the actions that may be taken by the FTC against deceptive advertising practices?
How do state and federal laws regulate door-to-door sales?
When must a recipient of unsolicited merchandise return the merchandise to the sender?
What are the primary functions and powers of the Consumer Products Safety Commission (CPSC)?
If AOA's suit had fallen within the four-year statute of limitations of the UCC's Article 2, could the seller have filed its claim on either the contracts or the notes? Explain.
How does presuming that an indorsement is legitimate "without unambiguous evidence to the contrary" protect the transferability of a negotiable instrument?
Why is a transfer by negotiation preferable to a transfer by assignment?
What do your students think about the standard of "good faith"? Why is good faith required to attain HDC status?
What are some of the practical limitations concerning the writing evidencing a negotiable instrument and the substance on which it is placed?
When may reference to other agreements be made in a negotiable instrument without destroying its negotiability?
What is the difference between a blank and a special indorsement?
What is the difference between a holder and a holder in due course?
What sorts of omissions on the face of a financial instrument will prevent a purchaser from becoming a holder in due course?
Why must a negotiable instrument be signed?
Who assumes the burden of loss when there is a forged or unauthorized indorsement?
What is electronic check presentment, and how does it differ from the traditional check-clearing process?
When does a check become stale under the UCC?
Who has the right to order that payment on a check be stopped?
Who is liable when a customer's bank pays an altered check?
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