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business
business law principles

Questions and Answers of Business Law Principles

1. Why was the months-long delay important to the court in deciding whether there was revocation of acceptance?2. Why was the rejection of the bag-tying portion of the machine important to the
1. When would Smith have had to notify Atwell to properly revoke acceptance?2. What does the case teach you about the obligation to inspect? To notify?This case arises from the sale of a rare 1965
1. List the mistakes the parties made in their compliance with UCC requirements for performance.2. Which party should have demanded assurances and when?3. Will Magic Valley be able to recover damages
1. What effect does the maintenance shut-down have on the impracticability defense?2. When BRC did not get confirmation of delivery, was there a breach?3. What does the court discuss about
1. Explain what happened mathematically with the damages.2. Why is reselling above the contract price not a sufficient remedy?James Bowen and Richard Cagle (appellants), doing business as B & C
1. What is the difference in the majority and dissenting opinions on revocation of acceptance?2. Explain how the judges agree on the remedy.On March 4, 2011, Lola Castro (of Lodge Grass, Montana)
1. What is the significance of the conversion argument that Nutsco makes? Does it work?2. What are Schutzman’s damages?Schutzman sells roasted and salted nuts. Nutsco is a New Jersey wholesaler of
1. Why is there no breach of warranty?2. What breach of contract occurred?3. Were the terms conspicuous enough to be part of the contract? Explain why.General Mills Operations, LLC, purchased “Big
1. Does it matter that Learjet resold the Diaz plane?2. Is the $250,000 reasonable?3. Of what relevance is the fact that Learjet is a volume seller of goods?On August 21, 1992, Miguel A. Diaz
1. Explain what went wrong in the drafting of the note.2. Why does the court hold the parties to the terms of the note?Green Valley Growers, Inc. (GVG) was a plant nursery owned by O. Wayne Massey
1. State the issue before the appeals court.2. Does the commission’s order in this case purport to regulate purely foreign conduct contravening the proper application of Section 337 of the Tariff
1. State the four elements of a promissory estoppel claim.2. What is the significance of the fourth element of promissory estoppel, “avoidance of injustice”?3. How did the court deal with
1. Morrison prohibits fraudulent transactions involving stocks listed on a national stock exchange. The four Target Stocks were listed on the OTC Bulletin Board and the Pink OTC Markets Inc. Are the
1. Must an offeree accept an offer by express agreement in order for a legally enforceable contract to be formed?2. Was the “Interdependency Memo” too indefinite to constitute an offer?Aon Risk
1. Is there a valid, binding offer when the promisor conditions the promise on his own future action or approval?2. Is there a valid offer when the promisor conditions the offer on an action or
1. Why did the court require the plaintiff to prove the existence of the definite and certain terms of the contract?2. Did Novak provide sufficient evidence for the court to enforce the oral contract
1. Ordinarily, in requirement contracts, where the parties do not fix a quantity figure, is the Buyer held liable for breach of contract for reductions in volumes over previous years?2. When GM
1. What is the historical policy basis for the modern rule that minors’ contracts are voidable; and what is the basis for the exception that minors may be liable for necessaries?2. In layperson’s
1. State the elements of fraud.2. Was B of A’s representation regarding the future valuation of the home an actionable assertion of fact?3. Did the Cansinos establish that this home was
1. May a seller avoid liability for fraud and negligent misrepresentation involving its material misrepresentations of fact that induce a buyer to assent to a contract by having a
1. In the June 2005 agreement, what consideration did Amber offer in exchange for Frederick’s granting her a half-interest in the property?2. Is love and affection alone consideration for a
1. Was Dr. Dohrmann correct in asserting that it is improper for a court to consider the relative value or adequacy of the consideration?2. Read Section 14-1e on Illusory promises. Was the
1. What was the basis for the plaintiffs’ suit?2. How would the Angel case have been decided under the common law rule as to consideration?3. Can an adversely affected contractor compell a
1. How does the Paris Convention impact this case?2. If Cubatabaco is successful in cancelling the mark, is it likely to be able to register COHIBA in the United States?Both Cubatabaco and General
Michael Cram alleged that he was the sole creator of a unique talking bottle opener. His product was very successful and he licensed the product to numerous NCAA schools, Major League Baseball, the
A small brewery in New York called Empire Brewing Company manufactured a brand of beer called “Strikes Bock.” For seven years, the brewery served the beer only on tap. With the intention of
1. This case was heard in federal court. Why does the court use MUTSA?2. Explain why the court found that the PowerPoint presentations were trade secrets.3. The court upheld the damage awards,
1. What classification of patent is involved in this decision?2. Did eBay win on the issue before the Supreme Court? Explain.3. Summarize the position set forth in Justice Kennedy’s concurring
1. What is the test the Supreme Court articulated in Alice v. CLS Bank for software patented in the United States? From which previous case did the Supreme Court take this test?2. What were the
1. Why did the court emphasize the transformational character of Prince’s work?2. Do you think that the court used the four factors effectively to determine whether or not there was fair use?3.
1. If a term is classified as generic, may a manufacturer enforce trademark usage of that term if it shows that a substantial segment of the relevant consumer population believes the term refers to
Mallinckrodt produces nuclear and radioactive medical pharmaceuticals and supplies. Maryland Heights Leasing, an adjoining business owner, claimed that low-level radiation emissions from Mallinckrodt
Following a visit to her hometown of Coalinga, Cynthia wrote “An Ode to Coalinga” (Ode) and posted it in her online journal on MySpace.com. Her last name did not appear online. Her page included
1. How does the court define contributory negligence?2. Is contributory negligence a complete bar to Hardesty’s recovery of damages for his injuries in this case?3. If Maryland applied a
1. Do you think helping someone onto a moving train is a breach of duty? Do reasonable people do this?2. Was Mrs. Palsgraf’s injury foreseeable?3. What is the court choosing to limit?Helen Palsgraf
1. State the issue before the appeals court.2. What must a plaintiff prove to establish a claim of commercial misappropriation of a name or likeness (right of publicity)?3. May an injured party
1. Why did Warren and Brandeis speculate that the law would probably not cover invasion of privacy based on oral disclosures of private facts?2. What is the purpose of the tort of public disclosure
1. Why does the court draw the comparisons with noncyber searches?2. What lessons should contractors learn from this case?In February 2003, while serving as a civilian contractor, Michael D. King
1. What is the distinction between access and authorized use made by this case?2. What issues would a broad scope of unauthorized use have for prosecutors?Sergeant Kenneth Riley used videos of a
1. How long had Mr. Park known about the rats in the warehouse?2. Does it matter that a subordinate did not respond?3. Do officers need to be certain their subordinates are reliable in order to avoid
1. Of what significance is Jewel McCoy’s testimony in establishing mens rea?2. What is the difference between knowledge of the law and knowledge of conduct? What is the significance of Mr.
1. What must the FCC now do to make the standards constitutional?2. Why were the cases taken up on appeal so many times?In a case that has been around almost as long as Cher, the U.S. Supreme Court,
1. Why is the problem with the experts’ objections important in determining whether DOI’s moratorium was arbitrary and capricious?2. What is the significance of the difference between the factual
1. What authority is given to the EPA by statute? Why does the EPA not want to exercise authority over greenhouse gases?2. Why does the majority conclude that greenhouse gases are included within
1. What is the significance of the court’s requirement that there must be proof of market power before tying an unpatented product to a patented product as an antitrust violation?2. What will
1. What were the terms of Mr. Khan’s lease? Include a discussion of the price terms.2. Is vertical price fixing a per se violation? What does the court say about inefficient retailers and vertical
1. What reasons did Leegin give for wanting the minimum price established for its retailers?2. What points does the court make about not having minimum prices in terms of reducing competition?3. What
1. Describe the competitors in the Utah Pie frozen pie market.2. Is it significant that the national competitors were selling their pies at different prices in Utah?3. Does it matter that the size of
Ollie’s Barbecue is a family-owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with a seating capacity of 220 customers. It is located on a state highway
In 2002, the Williamson family, riding in their 1993 Mazda minivan, was struck head-on by another vehicle. Thanh Williamson was sitting in a rear aisle seat, wearing a lap belt; she died in the
1. Why does the Court say it cannot be involved in ongoing monitoring of political ads, documentaries, and other forms of communication?2. Why are independent expenditures by corporations different
1. Explain why the court feels this case is different from other cases in which online retailers have not been taxed.2. What benefits does an online retailer gain from a physical presence in the
1. What is the effect of the Maine law, if allowed to stand, on interstate carriers?2. If this law is constitutional, what will happen to interstate carriers and their activities within particular
1. What was missing that the Court indicated was needed in order to find that the mandate was constitutional?2. What was the purpose of the court’s discussion of a healthy diet?3. What sources does
1. Explain why the extra labeling could not be placed on the generic version of the drug that Ms. Bartlett purchased.2. Discuss the relationship between state product liability laws and the duty of
The president and athletic director at the University of California at Los Angeles (UCLA) fired the school’s basketball coach because an expense form he had submitted for reimbursement had the
Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to
Mostek Corp., a Texas corporation, made a contract to sell computer-related products to North American Foreign Trading Corp., a New York corporation. North American used its own purchase order form,
1. What are the interests that a court must balance in making decisions about discovery on social media accounts?2. What are the court’s concerns about how social media information will be used?3.
1. What was the issue with Mary Kay Stanford and her doctors that was so significant?2. What impact do you think the cruise and horseback riding video had on the case?3. If evidence harms a party’s

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