Business Law 12th Edition Roger LeRoy Miller, Frank B Cross - Solutions

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Describe the concept of federalism and the doctrine of separation of powers.
Discuss the importance of the U.S. Supreme Court’s decision in Brown v. Board of Education.
List and describe the sources of law in the United States.
Explain the development of the U.S. legal system.
Describe the functions of law.
Define law.
At what point is a crop of broccoli identifi ed to the contract under the Uniform Commercial Code?Why is identifi cation signifi cant?
When does title to the broccoli pass from Willow Glen to Mendoza under the contract terms? Why?
Suppose that while in transit, Falcon’s truck overturns and spills the entire load. Who bears the loss, Mendoza or Willow Glen?
Suppose that instead of buying fresh broccoli, Mendoza had contracted with Willow Glen to purchase one thousand cases of frozen broccoli from Willow Glen’s processing plant. The highest grade of broccoli is packaged under the “FreshBest” label, and everything else is packaged under the
Did GFI have a legitimate reason to expect that Egan would accept the fourth shipment? Why or why not?
Did the substitution of carriers in the third shipment constitute a breach of the contract by GFI?Explain.
Suppose that the silicon used for the chips becomes unavailable for a period of time. Consequently, GFI cannot manufacture enough chips to fulfi ll the contract, but does ship as many as it can to Egan.Under what doctrine might a court release GFI from further performance of the contract?
Under the UCC, does Egan have a right to reject the fourth shipment? Why or why not?
Did Amstel’s bid meet the requirements of an offer? Explain.
Was there an acceptance of the offer? Why or why not?
Suppose that the court determines that the parties did not reach an agreement. Further suppose that Amstel, in anticipation of building Durbin’s studio, had purchased materials and refused other jobs so that he would have time in his schedule for Durbin’s project. Under what theory discussed in
How is an offer terminated? Assuming that Durbin did not inform Amstel that he was rejecting the offer, was the offer terminated at any time described here? Explain.
This scenario illustrates one of the main reasons why ethical problems occur in business. What is that reason?
Would a person who adheres to the principle of rights consider it ethical for Arnett not to disclose potential safety concerns and to refuse to perform additional research on Kafl uk? Why or why not?
If Kafl uk prevented fi fty Asian people who were infected with bird fl u from dying, would Arnett’s conduct in this situation be ethical under a utilitarian model of ethics? Why or why not?
Did Tamik or Arnett violate the Foreign Corrupt Practices Act in this scenario? Why or why not?
What defense will Ragged Mountain probably assert?
The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport bars Elaine’s suit. What would your decision be on this issue? Why?
Suppose that the court concludes that the statute applies only to skiing and not to snow tubing. Will Elaine’s lawsuit be successful? Explain.
Now suppose that the jury concludes that Elaine was partly at fault for the accident. Under what theory might her damages be reduced in proportion to the degree to which her actions contributed to the accident and her resulting injuries?
Suppose that the basil does not pass the chemical-residue inspection. Which concept discussed in the chapter might allow Val’s to refuse to perform the contract in this situation?
Under which legal theory or theories might Sun Farms claim that its obligation under the contract has been discharged by operation of law? Discuss fully.
Suppose that Sun Farms contacts every basil grower in the country and buys the last remaining chemical-free basil anywhere. Nevertheless, Sun Farms is able to ship only 1,475 pounds to Val’s.Would this fulfi ll Sun Farms’ obligations to Val’s? Why or why not?
Now suppose that Sun Farms sells its operations to Happy Valley Farms. As a part of the sale, all three parties agree that Happy Valley will provide the basil as stated under the original contract. What is this type of agreement called?
Review the UCC provisions that apply to the topics discussed in Chapters 19 through
Discuss fully how various UCC provisions, excluding the provisions discussed above, refl ect social values and ethical standards.
How can a court objectively measure good faith and commercial reasonableness?
Generally, the courts determine what constitutes“reasonable” behavior in disputes between contract parties over this issue. Should the UCC be more specifi c in defi ning what will be deemed reasonable in particular circumstances so that the courts do not have to decide the issue? Why or why not?
Why does the UCC protect innocent persons (good faith purchasers) who buy goods from sellers with voidable title but not innocent persons who buy goods from sellers with void title?
Should U.S. fi rms doing business internationally send female employees to foreign nations that reject any role for women in business? Why or why not? How can a U.S. company accommodate the culture of foreign nations and still treat its own employees equally?
Would a court likely decide that Odin’s employment contract falls within the Statute of Frauds? Why or why not?
Assume that the court does fi nd that the contract falls within the Statute of Frauds and that the state in which the court sits recognizes every exception to the Statute of Frauds discussed in the chapter.What exception provides Odin with the best chance of enforcing the oral contract in this
Now suppose that Montieth had taken out a pencil, written “10 percent for life” on the back of a register receipt, and handed it to Odin. Would this satisfy the Statute of Frauds? Why or why not?
Assume that Odin had signed a written employment contract at the time he was hired to work for Charter, but it was not completely integrated. Would a court allow Odin to present parol evidence of Montieth’s subsequent promises?
If Matlin is covered by the policy but is also disqualifi ed by his misrepresentation on the application for coverage, might the insurer still be liable for bad faith denial of coverage? Explain.
Do you think that the law strikes a fair balance between the rights of parties with respect to found property? Why or why not?
Do the different standards of care that apply to bailed goods refl ect underlying ethical values? If so, how?
Do you believe that it is fair for courts to decide whether a regulatory taking has occurred on a caseby-case basis and not to articulate a general rule on which landowners can rely? Why or why not?
Should posthumously conceived children have the same inheritance rights as children born during the decedent’s life? Why or why not? How can a balance be struck between the interests of children born during the lifetime of the decedent and those born after the parent’s death?
Suppose that Darla tells several of her friends about Irene’s instructing the man to take goods without paying for them after the tsunami disaster. If Irene fi les a tort action against Darla alleging slander, will her suit be successful? Why or why not?
Now suppose that Irene wins the election and becomes the city’s mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene’s misconduct. If Irene accuses Darla of committing libel, what defenses could Darla assert?
If Irene accepts goods shipped from Indonesia that were wrongfully obtained, has she committed an intentional tort against property? Explain.
Suppose now that Irene, who is angry with her sister for disclosing her business improprieties, writes a letter to the editor falsely accusing Darla of having sexual relations with her neighbor’s thirteen-yearold son. For what intentional tort or torts could Darla sue Irene in this situation?
Would the name Hallowed receive protection as a trademark or as trade dress? Explain.
If Trent and Xavier had obtained a business process patent on Hallowed, would the release of Halo 2 have infringed on their patent? Why or why not?
Based only on the facts described above, could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not?
Suppose that Trent and Xavier discover that Brad took the idea of Hallowed and sold it to the company that produced Halo 2.Which type of intellectual property issue does this raise?
Did Hanousek have the required mental state (mens rea) to be convicted of a crime? Why or why not?
Which theory discussed in the chapter would enable a court to hold Hanousek criminally liable for violating the statute regardless of whether he participated in, directed, or even knew about the specifi c violation?
Could the backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain.
Suppose that at trial, Hanousek argued that he should not be convicted because he was not aware of the requirements of the CWA. Would this defense be successful? Why or why not?
What are the four requirements of a valid contract?
Did Duncan have a valid contract with Mitsui for employment as CDO? If so, was it a bilateral or a unilateral contract?
What are the requirements of an implied contract?
Can Duncan establish an implied contract based on the employment manual or the written compensation plan? Why or why not?
Are the basic elements of consideration present in the neighbor’s promise to help John reassemble the garage? Why or why not?
Suppose that the neighbor starts to help John but then realizes that, because of the layout of John’s property, putting the building back together will take much more work than dismantling it took.Under which principle discussed in the chapter might the neighbor be allowed to ask for additional
What if John’s neighbor made his promise to help reassemble the garage at the time he and John were moving it to John’s property, saying, “Since you helped me take it down, I will help you put it back up.” Would John be able to enforce this promise? Why or why not?
Under what doctrine discussed in the chapter might John seek to recover the profi ts he lost when he declined to do repair work for one week?
Did Beaver have the contractual capacity to enter a contract with an exculpatory clause? Why or why not?
Assuming that Beaver did, in fact, sign the exculpatory clause, did she later disaffi rm or ratify the contract? Explain.
Now assume that Beaver stated that she was eighteen years old at the time that she signed the exculpatory clause. How might this affect Beaver’s ability to disaffi rm or ratify the contract?
If Beaver did not actually sign the exculpatory clause, could a court conclude that she impliedly accepted its terms by participating in the race? Why or why not?
Can Marta obtain rescission of the contract based on undue infl uence? If the sale to Janis had been completed before her death, could Janis have obtained rescission based on undue infl uence? Explain.
Can Marta sue Chelene for fraudulent misrepresentation? Why or why not? What element(s) might be lacking?
Now assume that Chelene knew that the basement walls were cracked and bowed and that she had hired someone to install paneling before she offered to sell the house. Did she have a duty to disclose this defect to Marta? Could a court fi nd that Chelene’s silence in this situation constituted
If Chelene knew about the problem with the walls but did not know that the house was structurally unsound, could she be liable for negligent misrepresentation? Why or why not?
Can Marta avoid the contract on the ground that both parties made a mistake about the condition of the house? Explain.
Can Jackson delegate her duty to maintain the buildings to Dunn? Why or why not?
Who can be held liable for Dunn’s failure to fi x the ceiling, Jackson or Dunn?
Was Faught an intended third party benefi ciary of the lease between Jackson and McCall? Why or why not?
Suppose that Jackson tells Dan Stryker, a local builder to whom she owes $50,000, that he can collect the rents from the buildings’ tenants until the debt is satisfi ed. Is this a valid assignment? Why or why not?
Did Porter’s statement that the spa was “top of the line” and “the Cadillac of spas” create any type of warranty? Why or why not?
If the paperwork provided to Kolchek after her purchase indicated that the spa had no warranty, would this be an effective disclaimer under the Uniform Commercial Code? Explain.
One night, Kolchek’s six-year-old daughter, Litisha, was in the spa with her mother. Litisha’s hair became entangled in the spa’s drain, and she was sucked down and held underwater for a prolonged period, causing her to suffer brain damage. Under which theory or theories of product liability
If Kolchek had negligently left Litisha alone in the spa prior to the incident described in the previous question, what defense to liability might Porter assert?
Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit? Why or why not?
Does the act of state doctrine bar Robco from seeking to enforce the contract? Explain.
Suppose that prior to this lawsuit, the new government of Honduras had enacted a law making it illegal to purchase weapons from foreign arms dealers. What doctrine of deference might lead a U.S.court to dismiss Robco’s case in that situation?
Now suppose that the U.S. court hears the case and awards damages to Robco, but the government of Honduras has no assets in the United States that can be used to satisfy the judgment. Under which doctrine might Robco be able to collect the damages by asking another nation’s court to enforce the
Using the categories discussed in the chapter, what type of negotiable instrument was the note that Durbin signed (an order to pay or a promise to pay)? Explain.
Suppose that the note did not state a specifi c interest rate but instead referred to a statute that established the maximum interest rate for government-guaranteed school loans. Would the note fail to meet the requirements for negotiability in that situation? Why or why not?
For the government to be a holder, which method must have been used to transfer the instrument from the bank to the government?
Suppose that in court, Durbin argues that because the school closed down before he could fi nish his education, there was a failure of consideration: he did not get something of value in exchange for his promise to pay. Assuming that the government is a holder of the promissory note, would this
What method was most likely used to negotiate the instruments described here?
Suppose that all of the checks issued to the defendants were made payable to “Fasig-Tipton Co., FasigTipton Midlantic, Inc.” Under the Uniform Commercial Code, were the instruments payable jointly or in the alternative? Why is this signifi cant?
Do the defendants in this situation (the two Fasig-Tipton fi rms) meet the requirements of an HDC?Why or why not?
In whose favor should the court rule, and why?
With regard to signature liability, which provision of the Uniform Commercial Code (UCC) discussed in this chapter applies to this scenario?
What is the rule set forth by that provision?
Under the UCC, which party, Golden Years or Star Bank, must bear the loss in this situation? Why?
How long is a written stop-payment order effective? What else could RPM have done to prevent this check from being cashed?
What would happen if it turned out that RPM did not have a legitimate reason for stopping payment on the check?
What are a bank’s obligations with respect to stale checks? Should Bank One have contacted RPM before paying the check? Why or why not?

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Business Law 12th Edition Roger LeRoy Miller, Frank B Cross - Solutions

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