Questions and Answers of Contemporary Business Law

“Where there is a mixed contract for goods and services, there is a transaction in goods only if the contract is predominantly for goods and incidentally for services.” —Garman,
Francis Net, a freshman in college and a computer expert,browses websites for hours each day. One day, she thinks to herself, “I can make money registering domain names and selling them for a
“Such use by Moniker is indicative of an intent to disrupt the business of the Yankees, and constitutes registration and use of the disputed domain name in bad faith.”Kalina, Judge,
“The blue hyperlinks on the defendant’s Web pages, constituting the five-step process for ordering the computers, should be treated the same as a multipage written paper contract.” —Hopkins,
“The record demonstrates that defendants willfully and knowingly violated the statutes in question by engaging in the circumvention of Facebook’s security measures.” —Fogel, District
On Halloween Day, Christine Narvaez drove her automobile onto the parking lot of a busy supermarket. Narvaez had her 2-year-old grandchild with her. The youngster was riding, unconstrained, in a
Anita Baker, a then-unknown singer, signed a multiyear recording contract with Beverly Glen Music, Inc. (Beverly Glen). Baker recorded for Beverly Glen a record album that was moderately successful.
Liz Claiborne, Inc. (Claiborne),is a large maker of sportswear in the United States and a wellknown name in fashion, with sales of more than $1 billion per year. Claiborne distributes its products
Ptarmigan Investment Company (Ptarmigan), a partnership, entered into a contract with Gundersons, Inc. (Gundersons), a South Dakota corporation in the business of golf course construction. The
Hawaiian Telephone Company entered into a contract with Microform Data Systems, Inc. (Microform), for Microform to provide a computerized assistance system that would handle 15,000 calls per hour
Muhammad Ali (Ali), a professional heavyweight boxer, successfully defended his heavyweight boxing championship of the world by defeating Ken Norton. Shortly after the fight, Ali held a press
The California and Hawaiian Sugar Company (C&H), a California corporation, is an agricultural cooperative owned by 14 sugar plantations in Hawaii. It transports raw sugar to its refinery in
“The arbitration provision was highlighted, apparent, and not oppressive, and it should not have taken Mr. Mance by surprise.” —Beeler, Judge Facts: Demetrius Mance purchased a new
“The case law reveals that the equitable remedy of specific performance is routinely awarded in contract actions involving real property, on the premise that each parcel of real property is
“It is undisputed that the parties intended to sign written documents that memorialized the terms of their oral agreement.” —Bernes, Judge Facts: Among other assets, Turner Broadcasting
“We agree with the district court that the language of the Standards does not create a duty on the part of Walmart to monitor the suppliers, and does not provide plaintiffs a right of action
The First Baptist Church of Moultrie, Georgia, invited bids for the construction of a music, education, and recreation building. The bids were to be accompanied by a bid bond of 5 percent of the bid
“The purchase of a ticket to a sports or entertainment event typically creates nothing more than a revocable license.” —Greenberg, Judge Facts Yarde Metals, Inc. (Yarde) was a season
“A promise to pay the debt of another is barred by the Statute of Frauds unless it is in writing.” —Murdock, Judge Facts Glenn A. Page (Glenn) had a long-term friendship with Jerry
Payne’s conduct can only be seen as exhibiting a very high degree of reprehensibility.” —Ellis, Judge Facts: Frank and Shelly Krysa were shopping for a truck to pull their 18-foot trailer.
Joe Plumlee owned and operated an ambulance company. He alleged that the law firm Paddock, Loveless & Roach agreed to pay him an up-front fee and a percentage of the law firm’s fees generated
Carolyn Ann Williamson entered into a contract to sell her house to Mr. and Mrs. Matthews at a time when her house was threatened with foreclosure. Evidence showed that Williamson was an alcoholic.
Wilbur Spaulding owned and operated the Jacksonville racetrack at the Morgan Country Fairgrounds, where automobile races were held. Lawrence P. Koch was a flagman at the raceway. One day when Koch
The state of Hawaii requires a person who wants to practice architecture to meet certain educational requirements and to pass a written examination before being granted a license to practice. After
Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty’s absence in court, stated that she had lucid intervals from her
William Michael Jones, a 17-year-old minor, signed a contract with Free Flight Sport Aviation, Inc. (Free Flight), for the use of recreational sky-diving facilities. A covenant not to sue and an
“The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience.” —Hetherington, Judge Facts: Chong Lor Xiong and Mee
“It is a well established rule that failure to read a contract does not relieve a party of their obligation under such contract …” —Tucker, District Judge Facts: Dong Lin went skiing at
“The law of the District of Columbia has imposed a licensure requirement on the practice of architecture in this jurisdiction in order to safeguard life, health, and property, and to promote the
“This inadequate consideration combined with Carr’s weakness of mind, due to her schizophrenia and depression, makes it inequitable to order specific performance.” —Anderson,
“Many gifts are made for reasons that sour with the passage of time. Unfortunately, gift law does not allow a donor to recover/revoke a gift simply because his or her reasons for giving it have
“The parties’ mutual assent is determined by their objective manifestations, not their secret intentions.” —Kapsner, Justice Paul Ehlen signed a document entitled “Purchase
“In hindsight the agreement appears to be unfair to Marder—she only received $2,300 in exchange for a release of all claims relating to a movie that grossed over $150 million....” —Pregerson,
For six years, Lee Marvin, an actor, lived with Michelle Marvin. They were not married. At the end of six years, Lee Marvin compelled Michelle Marvin to leave his household. He continued to support
G. S. Adams, Jr., vice president of the Washington Bank & Trust Co., met with Bruce Bickham. An agreement was reached whereby Bickham agreed to do his personal and corporate banking business with
“The district court found that appellants produced sufficient evidence to create a genuine issue of material fact regarding whether an implied-in-fact contract existed between the parties.”
“At some point, litigation must come to an end. That point has now been reached.” —Kozinski, Circuit Judge Facts: Mark Zuckerberg, Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra
Reverend Leon H. Sullivan, a Baptist minister from Philadelphia, who was also a member of the board of directors of General Motors Corporation, proposed a set of rules to guide American-owned
“The canon of statutory interpretation known as the presumption against extraterritorial application...reflects the presumption that United States law governs domestically but does not rule the
“Their suspicions aroused, however, Samara officials launched an investigation, which disclosed that Walmart [was] selling the knockoffs of Samara’s outfits.” —Justice Scalia Facts:
Once in the past, when the city of New York teetered on the brink of bankruptcy, on the television screens of America there appeared an image of a top-hatted Broadway showgirl, backed by an advancing
The Miller Brewing Company, a national brewer, produces a reduced-calorie beer called “Miller Lite.” Miller began selling beer under this name and spent millions of dollars promoting the Miller
Clairol Incorporated manufactures and distributes hair tinting, dyeing, and coloring preparations. Clairol embarked on an extensive advertising campaign to promote the sale of its “Miss Clairol”
When Spiro Agnew resigned as vice president of the United States, President Richard M. Nixon appointed Gerald R. Ford as vice president. Amid growing controversy surrounding the Watergate scandal,
Amazon.com has become one of the biggest online retailers. Amazon.com, Inc., enables customers to find and purchase books, music, videos, consumer electronics, games, toys, gifts, and other items
“The phrase ‘likely to cause dilution’ used in the new statute significantly changes the meaning of the law from ‘causes actual harm’ under the preexisting law.” —Merritt, Circuit
“Defendant’s conduct has, and will continue to have, an adverse effect on the value of and distinctive quality of the INTEL mark.” —Wieking, District Judge Facts: Intel Corporation is a
“A publisher may find it more difficult to charge different prices for the same book in different geographical markets.” —Breyer, Justice Facts: Section 109 of the Copyright Act sets forth
“Laws of nature, natural phenomena, and abstract ideas are not patentable.” —Thomas, Justice Facts: After substantial research and expenditure of money and resources, Myriad Genetics, Inc.
Ronald V. Cloud purchased the Cal-Neva Lodge, a hotel and casino complex located in the Lake Tahoe area on the California–Nevada border, for $10 million. Cloud was a sophisticated 68-year-old
Joseph Burger was the owner of a junkyard in Brooklyn, New York. His business consisted, in part, of dismantling automobiles and selling their parts. The state of New York enacted a statute that
The police of the city of Indianapolis, Indiana, began to operate vehicle roadblock checkpoints on Indianapolis roads in an effort to interdict unlawful drugs. Once a car had been stopped, police
John Doe was the owner of several sole proprietorship businesses. During the course of an investigation of corruption in awarding county and municipal contracts, a federal grand jury served several
The city of Peoria, Illinois, received federal funds from the Department of Housing and Urban Development (HUD) to be used for housing rehabilitation assistance. Peoria designated United
Miriam Marlowe’s husband purchased a life insurance policy on his own life, naming his wife as the beneficiary. Three years later, after Marlowe’s husband died in a swimming accident, Marlowe
Representatives of hotels, restaurants, hotel and restaurant supply companies, and other businesses located in Portland, Oregon, organized an association to attract conventions to their city. Members
Bernardo Garcia had served time in jail for methamphetamine (meth) offenses. Upon release from prison, a person reported to the police that Garcia had brought meth to her and used it with her.
“The advent of DNA technology is one of the most significant scientific advancements of our era.” —Kennedy, Justice Facts: In 2003, a man concealing his face and armed with a gun broke
We have no hesitation in concluding that the Government’s theory rested on a legally cognizable theory of conspiracy to defraud by wire and computer.” —Whittemore, Judge Facts: Marcus
“In determining whether a verdict is against the manifest weight of the evidence, the appellate court acts as a ‘thirteenth juror.’” —Sadler, Judge Facts: Gregory O. Wilson, who had
Julius Ebanks set out from his home in East Elmhurst, Queens, New York, en route to his employment in the downtown district of Manhattan. When Ebanks reached Bowling Green subway station, he boarded
Knoxville Cherokees Hockey, Inc., is member of the East Coast Hockey League, a professional hockey league. During a pregame warm-up, Craig A. Hurst entered the spectator area at the Florence City and
Gregory and Demetria James, brother and sister, were riding their bicycles north on 50th Street in Omaha, Nebraska. Spaulding Street intersects 50th Street. A garbage truck owned by Watts Trucking
Radio station KHJ was a successful Los Angeles broadcaster of rock music that commanded a 48 percent market share of the teenage audience in the Los Angeles area. KHJ was owned and operated by RKO
“Here, the only evidence of danger stemming from the mechanical bull ride is the most open and obvious characteristic of the ride: the possibility of falling off the mechanical bull.” —Houston,
“The element of attraction is significant in so far as it indicates that the trespass should be anticipated...” —Rochford, Justice Facts: Dominic Choate and his friends Steve, Charlie,
“Our inquiry is whether the deaths of James, Steger, and Hadley were the reasonably foreseeable result of the defendants’ creation and distribution of their games, movie, and Internet sites.”
“It strains reason to suggest that the utility companies should foresee the sort of wilful disregard for the law and personal safety that indisputably led to this accident.” —Crone,
“He made me feel like I was scum. That I had no say-so in the matter, that just made me feel like a little kid on the block, like the bully beating the kid up.…” Facts: Karl Cockrell and
Kristi Norgart McBride lived with her husband in Santa Rosa, California. Kristi suffered from manic-depressive mental illness (now called bipolar disorder). In this disease, the person cycles between
Dennis and Francis Burnham were married in West Virginia. One year later, the couple moved to New Jersey, where their two children were born. After 10 years, the Burnhams decided to separate. Mr.
AMF Incorporated and Brunswick Corporation both manufacture electric and automatic bowling center equipment. In 1983, the two companies became involved in a dispute over whether Brunswick had
Cine Forty-Second Street Theatre Corporation operates a movie theater in New York City’s Times Square area. Cine filed a lawsuit against Allied Artists Pictures Corporation, alleging that Allied
Robert Schlagenhauf worked as a bus driver for the Greyhound Corporation. One night, the bus he was driving rear-ended a tractor-trailer. Seven passengers on the bus were injured and sued
Sean O’Grady, a professional boxer, was managed by his father, Pat. Sean was a contender for the world featherweight title. Pat entered into a contract with Magna Verde Corporation, a Los
“The Oklahoma Supreme Court must abide by the Federal Arbitration Act, which is the ‘Supreme Law of the Land.’” —Per Curiam Facts: Eddie Howard and Shane D. Schneider worked as
In light of the evidence presented at trial, the Ninth Circuit plainly erred in concluding that the jury’s verdict was irrational.” —Per Curiam Facts: Tomeka put her seven-week-old son
“The existence of snow deposited on an elevated island situated in defendants’ parking lot/drive-thru does not constitute negligence.” —Froelich, Judge Facts: In February, Elijah Murphy
“Rather, any prejudice that the jury may have harbored was due to Wal-Mart’s initial refusal to produce evidence of or admit the evidence of the grease spill.” —Rice, Justice Facts:
“The crux of this case is commonality—the rule requiring a plaintiff to show that there are questions of law or fact common to the class.” —Scalia, Justice Facts: Wal-Mart Stores, Inc.
The National Enquirer, Inc., is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more
One day, Joshua Gnaizda, a three-yearold, received what he (or his mother) thought was a tantalizing offer in the mail from Time, Inc. The front of the envelope contained a see-through window that
James Clayton Allison, a resident of the state of Mississippi, was employed by the Tru-Amp Corporation as a circuit breaker tester. As part of his employment, Allison was sent to inspect, clean, and
Mr. and Mrs. Shute, residents of the state of Washington, purchased passage for a seven-day cruise on the Tropicale, a cruise ship operated by Carnival Cruise Lines, Inc. (Carnival). They paid the
Nutrilab, Inc., manufactures and markets a product known as Starch Blockers. The purpose of the product is to block the human body’s digestion of starch as an aid in controlling weight. The U.S.
“The Zippo court distinction between interactive, semiinteractive, and passive websites is also particularly relevant.” —Gauvey, Magistrate Judge Facts: Chanel, Inc., is a corporate entity
“Here, service by email is reasonably calculated to provide actual notice.” —Rogers, District Judge Facts: Facebook, Inc. filed a complaint in the U.S. district court against numerous
“A corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.” —Breyer, Justice Facts:
Congress enacted the Flag Protection Act, which made it a crime to knowingly mutilate, deface, physically defile, burn, or trample the U.S. flag. The law provided for fines and up to one year in
State departments of motor vehicles (DMVs) register automobiles and issue driver’s licenses. State DMVs require automobile owners and drivers to provide personal information—including a
The city of San Diego, California, enacted a city zoning ordinance that prohibited outdoor advertising display signs—including billboards. On-site signs at a business location were exempted from
During a period of a booming economy in Alaska, many residents of other states moved there in search of work. Construction work on the Trans-Alaska Pipeline was a major source of employment. The
The Clean Air Act, a federal statute, establishes national air pollution standards for fleet vehicles such as buses, taxicabs, and trucks. The South Coast Air Quality Management District (South
McCreary County and Pulaski County (the counties), Kentucky, placed in their courthouses large, gold-framed copies of the Ten Commandments. In both courthouses, the Ten Commandments were prominently
The military regime of the country of Myanmar (previously called Burma) has been accused of major civil rights violations, including using forced and child labor, imprisoning and torturing political
DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government” —Kennedy,
“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by
“And whatever the challenges of applying the Constitution to ever-advancing technology, the basic principles of freedom of speech and the press, like the First Amendment’s command, do not vary
Facts: In 1978, the Food and Drug Administration (FDA), a federal government agency, approved a nonsteroidal anti-inflammatory pain reliever called “sulindac” under the brand name Clinoril. At
“The Act has proved immensely successful at redressing racial discrimination and integrating the voting process.” —Chief Justice Roberts delivered the opinion of the Court, in which Justices

Showing 100 - 200 of 200