Andersons Business Law And The Legal Environment 1st Edition David P. Twomey - Solutions

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. What ethics traps is Orlanda facing?
. What would have been the result if James had applied the Front Page test?
. What would Mill, Kant, and Rawls have said about the CEO’s plans? About what James should do?
. The late Supreme Court Justice Antonin Scalia argued that because courts are not elected representative bodies, they have no business determining certain critical social issues. He wrote:Judges are selected precisely for their skill as lawyers; whether they reflect the policy views of a
. In his most famous novel, The Red and the Black, French author Stendhal(1783-1842) wrote: “There is no such thing as ‘natural law’: This expression is nothing but old nonsense. Prior to laws, what is natural is only the strength of the lion, or the need of the creature suffering from hunger
. When should a business be held legally responsible for customer safety? Consider the following statements, and consider the degree to which you agree or disagree.e A business should keep customers safe from its own employees.e A business should keep customers safe from other customers.e A
. In the 1980s, the Supreme Court ruled that it is legal for protesters to burn the American flag. This activity counts as free speech under the Constitution. If the Court hears a new flag-burning case in this decade, should it consider changing its ruling or should it follow precedent? Is
. The father of an American woman killed in the Paris terrorist attacks sued ‘Twitter, Facebook, and YouTube, alleging the sites knowingly allowed ISIS terrorists to recruit members, raise money, and spread extremist propaganda. The sites defended themselves by saying that their policies prohibit
. Leslie Bergh and his two brothers, Milton and Raymond, formed a partnership to help build a fancy saloon and dance hall in Evanston, Wyoming. Later, Leslie met with his friend and drinking buddy, John Mills, and tricked Mills into investing in the saloon. Leslie did not tell Mills that no one
. YOU BE THE JUDGE WRITING PROBLEM Should trials be televised? Here are a few arguments on both sides of the issue. You be the judge. Arguments against live television coverage: We have tried this experiment and it has failed. Trials fall into two categories: those that create great public interest
. Lance, who is a hacker, stole 15,000 credit card numbers and sold them on the black market, making millions. Police caught Lance, and two legal actions followed, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that
. Dr. Martin Luther King, Jr., wrote “An unjust law is no law at all.” As such,“One has ... a moral resppo nsibility a to disobey y unjuunJs t laws.” Dr. King’s view is an example of:(a) legal realism.(b) jurisprudence.(c) legal positivism.(d) natural law.
. Fora statute to become law, Congress must pass it by a:I. Majority vote in the House II. Majority vote in the Senate III. ‘Two-thirds vote in the House, but only if the president has first vetoed it IV. ‘Two-thirds vote in the Senate, but only if the president has first vetoed it(a) Just land
. The United States Constitution is among the finest legal accomplishments in the history of the world. Which of the folowing influenced Ben Franklin, ‘Thomas Jefferson, and the rest of the Founding Fathers?I. English common-law principles II. The Iroquois’ system of federalism(a) Only I(b)
Define the concept of economic frustration
State the effect on a contract of the death or disability of one of the contracting parties
Compare the discharge of a contract by rescission, cancellation, substitution, and novation
State when a consumer contract may be rescinded by the consumer
Compare performance to the satisfaction of the other contracting parties, performance to the satisfaction of a reasonable person, and substantial performance
Distinguish between the effect of a rejected tender of payment and a rejected tender of performance
List the ways in which a contract can be discharged
State the liability of an assignor to an assignee
State the significance of a notice of assignment
Describe the status of an assignee with respect to defenses and setoffs available against the assignor
State the liability of the parties after a proper delegation of duties has been made
Describe what constitutes a delegation of duties
State the limitations on assignability and right to performance
Define an assignment of contract rights
Distinguish between a third-party beneficiary and ar incidental beneficiary
State the effect of contradictory terms
State the rules for interpreting ambiguous terms in a contract
Compare the effects of objective and subjective intent of the parties to a contract
List exceptions to the parol evidence rule
Compare statute of frauds requirements with the parol evidence rule
List the exceptions that have been made by the courts to the laws requiring written evidence of contracts
State the effects of the absence of a sufficient writing when a contract must be evidenced by a writing
List the requirements of a writing that evidence a paper or electronic contract
State when a contract must be evidenced by a writing
State the extent to which agreements not to compete are lawful
State the elements of a lottery
Recognize when a contract is invalid because it obstructs legal processes
List the exceptions to the requirement of consideration
Recognize situations in which adequacy of consideration has significance
State when forbearance can be consideration
Distinguish between present consideration and past consideration
Identify promises that can serve as consideration
State the effect of the absence of consideration
Define what constitutes consideration
Distinguish between undue influence and duress
List those classes of persons who lack contractual capacity
Distinguish between innocent misrepresentation, fraud, and nondisclosure
Classify unilateral and bilateral mistakes
State the extent and effect of avoidance of a contract by a minor
Define contractual capacity
Define what constitutes the acceptance of an offer
Compare offers, firm offers, and option contracts
List all the ways an offer is terminated
Describe the exceptions that the law makes to the requirement of definiteness
Decide whether an agreement is too indefinite to be enforced
Decide whether a statement is an offer or an invitation to negotiate
List the forms of alternative dispute resolution and distinguish among them
Explain how a party who prevails in court collects the judgment
Describe the actual steps in a trial
List the initial steps in a lawsuit and explain how pleadings are used
Give the names of the parties and persons involved in a lawsuit
Define the types of jurisdiction courts can have and how these are different
Explain the federal and state court systems
Give the classifications of law
Describe uniform laws and their purposes
List the sources of law and give examples from each level
Discuss the right to privacy and the protections it provides, including issues in Internet use
Explain how rights and duties relate
Define legal rights and give examples
Discuss the nature of law
Master Mée., Inc., contracted with Ace Coaputer Repair Corp. to maintain Master’s computer system.Master's manufacturing process depends on its computer system operating properly at all times. A liquidated damages clause in the contract provided that Accur pay $1,000 to Master for each day that
Melodee Lane Lingerie Co. was a tenant in a building that was protected against fire by a sprinkler and alarm system maintained by the American District Telegraph Co. (ADT). Because of the latter's fault, the controls on the system were defective and allowed the discharge of water into the
Rogers made a contract with Salisbury Brick Corp.that allowed it to remove earth and sand from land he owned. The contract ran for four years with provision to renew it for additional four-year terms up to a total of 96 years. The contract provided for compensation to Rogers based on the amount of
Anthony makes a contract to sell a rare painting to Laura for $100,000. The written contract specifies that if Anthony should fail to perform the contract, he will pay Laura $5,000 as liquidated damages. Anthony fails to deliver the painting and is sued by Laura for$5,000. Can she recover this
Various delays occurred at the outset of the project attributable to the school district, and the architect's representative on the job, Mr.Hamilton, told Textor’s vice president, William Textor, not to be concerned about a clause in the contract of$250 per day liquidated damages for failure to
The Forsyth School District contracted with Textor Construction, Inc., to build certain additions and alter school facilities, including the grading of a future softball field. Under the contract, the work was to be completed by August
Ordinarily, in an action for breach of a construction contract, the statute of limitations time period would be computed from the date the:. contract is negotiated.. contract is breached.. contract is begun.. contract is signed.
Parc hired Glaze to remodel and Sane an Beir suite. Glaze submitted plans that Parc approved. After completing all the necessary construction and painting, Glaze purchased minor accessories that Parc rejected because they did not conform to the plans.Parc refused to allow Glaze to complete the
New Beginnings provides rehabilitation services for alcohol and drug abuse to both adults and adolescents.New Beginnings entered into negotiation with Adbar for lease of a building in the City of St. Louis, and subsequently entered into a three-year lease. The total rent due for the three-year term
Acme Hydraulic Press Co. manufactured large presses and sold them throughout the United States. The agreement-of-sale contract that Acme executed with its customers specified that they could make no claim for breach of contract unless notice of the breach was given within 10 days after the delivery
Ellen borrowed moncy from Farmers’ Bank. As evidence of the loan, she signed a promissory note by which she promised to pay to the bank in installments the amount of the loan together with interest and administrative costs. She was unable to make the payments on the scheduled dates. She and the
Suburban Power Piping Corp., under contract to construct a building for LTV Steel Corp., made a subcontract with Power & Pollution Services, Inc., to do some of the work. The subcontract provided that the subcontractor would be paid when the owner (LTV)paid the contractor. LTV went into bankruptcy
The Metropolitan Park District of Tacoma gave Griffith a concession to run the district’s parks. The agreement gave the right to occupy the parks and use any improvements found therein. The district later wished to set this agreement aside because it was not making sufficient money from the
Northwest Construction, Inc., made a contract with the state of Washington for highway construction. Part of the work was turned over under a subcontract to Yakima Asphalt Paving Co. The contract required that any claim be asserted within 180 days. Yakima brought an action for damages after the
Oneal was a teacher employed by the Colton Consolidated School District. Because of a diabetic condition, his eyesight deteriorated so much that he offered to resign if he would be given pay for a specified number ae ‘sick leave” days. rhe school district refused to do this and disch arged
A lessor leased a trailer park to a tenant. At the time, sewage was disposed of by a septic tank system that was not connected with the public sewage system. The tenant knew this, and the lease declared Whos the tenant had examined the premises and that the landlord made no representation or
Dickson contracted to build a house for Moran. When it was approximately 25 percent to 40) percent completed, Moran would not let Dickson work any further because he was not following the building plans and specifications and there were many defects. Moran hired another contractor to correct the
Christopher Bloom received a medical school scholarship created by the U.S. Department of Health and Human Services to increase the number of doctors serving rural areas. In return for this assistance, Bloom agreed to practice four years in a region identified as being underserved by medical
The Tinchers signed a contract to sell land to Creasy.The contract specified that the sales transaction was to be completed in 90 days. At the end of the 90 days, Creasy requested an extension of time. The Tinchers refused to grant an extension and stated that the contract was terminated. Creasy
Metalcrafters made a contract to design a new earthmoving vehicle for Lamar Highway Construction Co.Metalcrafters was depending on the genius of Samet, the head of its research department, to design a new product. Shortly after the contract was made between Metalcrafters and Lamar, Samet was killed
American Bank loaned Koplik $50,000 to buy equipment for a restaurant about to be opened by Casual Citchen Corp. The loan was not repaid, and Fast Foods, Inc., bought out the interest of Casual Citchen.As part of the transaction, Fast Foods agreed to pay the debt owed to American Bank, and the
Grattan contracted to build a house and garage for Boris for $250,000. The job was completed according to the specifications in all respects except that Grattan neglected to put a tool shed next to the garage, as required by the contract specifications. Boris refused to pay Grattan, and Grattan
McMullen Contractors made a contract with Richardson to build an apartment house for a specific price. A number of serious apartment house fires broke out in the city, and an ordinance was adopted by the city council increasing the fire precautions that had to be taken in the construction of a new
Union Bank lent $200,000 to Wagner. Union required Wagner to obtain a life insurance policy naming Union as beneficiary. While the loan was outstanding, Wagner stopped paying the premiums on the policy.Union paid the premiums, adding the amounts paid to Wagner's loan. Wagner died, and the insurance
Graham contracted with the city of Harris to train and employ high school dropouts residing in Harris.Graham cated the contract. ine, a resident of Harris and a high school dropout, sued Graham for damages. Under the circumstances, Long willa. win, because Long is a third-party beneficiary entitled
On August 4, Neptune entered into a contract with Deep Sea Lobster Farms that provided as follows: “Neptune Fisheries assigns all the rights under the contract with West Markets dated August | to Deep Sea Lobster Farms.” The best interpretation of the August 4 contract would be that it wasa.

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