Questions and Answers of Business Law Today

The plaintiff [Christine Parent] leased an automobile from Amity Autoworld, Ltd. (hereafter “Amity”) [in Amityville, New York] in January 2002.Amity sold all its Toyota automobile franchise
Go to this text’s Web site at www.cengage.com/ blaw/clarkson and select “Chapter 42.” Click on “Video Questions” and view the video titled Real World Legal: Jack’s Restaurant, Scene
In 1994, [Alvin Gebhart] began working at Mutual of New York (MONY) in San Diego, where he sold annuities and mutual funds. While at MONY, Gebhart met Jack Archer, a fellow MONY salesperson. In 1995,
PT China, LLC, joined with PT Korea, LLC, to form PT Holdings. Harrison Wang and Michael Kim, representing the two entities, were to be the managers. The agreements prohibited them from engaging in
Iberia Surgical [LLC]was formed, in August 1998, by a group of physicians practicing in Iberia Parish [Louisiana] for the purpose of establishing an ambulatory, outpatient surgery center. * * *Dr.
The Communications Act of 1934 established a system of limited-term broadcast licenses subject to various “conditions” * * * .* * * [These conditions include]the indecency ban—the statutory
Respondents in this case are a law fi rm, Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., [Legal Professional Association], and one of its attorneys, Adrienne S. Foster(collectively Carlisle). In
Robert J. Lucas owned Big Hill Acres, Inc. (BHA, Inc.) and Consolidated Investments, Inc. Through these companies, he acquired Big Hill Acres (BHA), a large parcel of land in Jackson County,
Read the excerpt and answer the following questions.(a) The dispute in this case was between which parties and turned on what legal issue?(b) In resolving this dispute, what common law rule did the
Petitioner, Leegin Creative Leather Products, Inc. (Leegin), designs, manufactures, and distributes leather goods and accessories. In 1991, Leegin began to sell [products] under the brand name
In early 2011, Bennett, Inc., offered a substantial number of new common shares to the public. Harvey Helms had a longstanding interest in Bennett because his grandfather had once been president of
Then answer the following questions.(a) Should Ray prepare a fi nancial statement that values a list of assets provided by the advertising fi rm without verifying that the fi rm actually owns these
Reyna] Guido is the mother of two minor children. [Domingo]Martinez, the children’s father, died after he was run over by a car on July 8, 2001. Martinez was the victim of a hit-and-run
On September 26, 1985, the Port of Seattle (Port) entered into a thirty-year lease with APL Limited, American President Lines, LTD, and Eagle Marine Services, LTD (collectively, APL) for premises at
Read the excerpt and answer the following questions.(a) Issue: On what issue did the Court focus?(b) Rule of Law: What does the Fifth Amendment to the U.S. Constitution, which the Court applied,
The city of New London (hereinafter City) sits at the junction of the Thames River and the Long Island Sound in southeastern Connecticut. Decades of economic decline led a state agency in 1990 to
This diversity suit for breach of an insurance contract was dismissed on summary judgment* * * , and the plaintiff’s [Estate of Luster’s] appeal presents issues of both contract interpretation
In June 2009, Bernard Ramish set up a $48,000 trust fund through West Plains Credit Union to provide tuition for his nephew, Nathan Covacek, to attend Tri-State Polytechnic Institute. The trust was
Testator Marion E. Peterson died in 2008. She was survived by her two siblings [brother and sister], Arvin Peterson and Carolyn Peterson Basner (caveatorsb ). After testator’s death, Vasta Lucas,
Cruz’s parents purchased a pressure cooker from a vendor at the San Diego County Fair [in California] in the summer of 2001.On September 10, 2001, Cruz, who was 16 years old at the time, suffered
Plaintiff David Krasner brings this action against his former employer, HSH Nordbank AG (“HSH”), and his supervisor while employed there, Roland Kiser, alleging [among other things]sexual
The plaintiff, Joseph M. Orlando, a lawyer, fi led a onecount complaint for slander against Garrick F. Cole, who is also a lawyer.The complaint alleges that Orlando suffered harm to his reputation as
Whitey’s [31 Club], a bar, sponsored a golf scramble at the Elks’ golf course in Marion [Indiana,] on August 19, 2006. * * *Jerry Jones * * * signed up to drive a beverage cart.The morning of the
Teleflex Incorporated * * * sued KSR International Company [in a federal district court] for patent infringement. The patent at issue is entitled “Adjustable Pedal Assembly With Electronic Throttle
As the Director of Finance at Toyota of Marin (the dealership), [Appellant Lou Surivan] Sisuphan managed the fi nancing contracts for vehicle sales and worked with lenders to obtain payment for these
Mitsui Bank hired Ross Duncan as a branch manager in one of its Southern California locations.At that time, Duncan received an employee handbook informing him that Mitsui would review his performance
Robert Wagner and Natalie Wood (the “Wagners”) entered into an agreement with Spelling-Goldberg Productions (SGP) “relating to ‘Charlie’s Angels’ (herein called the ‘series’).” The
Plaintiff is a company that owns a shopping plaza called Lammert Center located at 8801–8845 Ladue Road, St. Louis, Missouri. Defendant leased a portion of Lammert Center and operated a grocery
Renee Beaver started racing go-karts competitively in 2007, when she was fourteen. Many of the races required her to sign an exculpatory clause to participate, which she or her parents regularly
Jason Lhotka was thirty-seven years old when he died of an altitude-related illness while on a GeoEx [Geographic Expeditions, Inc.] expedition up Mount Kilimanjaro with his mother, plaintiff Sandra
On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton [his mother] * * * fi led a complaint against [Bobby Joe] Waldrop alleging, among other things, that Waldrop had fraudulently induced
The Brown family owns several companies, including the J. H. Stevedoring Company and Penn Warehousing and Distribution, Inc. Many aspects of the companies’ operations and management are
Three months ago, Janet Hart’s husband of twenty years died of cancer. Although he had medical insurance, he left Janet with outstanding medical bills of more than $$50$,000. Janet has worked at
Rick Saldona began working as a traveling salesperson for Aimer Winery in 1988. Sales constituted 90 percent of Saldona’s work time. Saldona worked an average of fi fty hours per week but received
Grace Tarnavsky and her sons, Manny and Jason, bought a ranch known as the Cowboy Palace in March 2007, and the three verbally agreed to share the business for fi ve years. Grace contributed 50
Savannah Boles brought suit against Sun Ergoline, Inc., asserting a strict products liability claim for personal injury. Sun Ergoline moved for summary judgment, countering that Boles’s claim was
Go to Extended Case 23.3, Khulumani v. Barclay National Bank, Ltd., 504 F.3d 254 (2d Cir. 2007), on pages 452– 453.Extended Case 23.3 (Khulumani v. Barclay National Bank Ltd.)The plaintiffs in this
The plaintiffs in this action bring claims under the Alien Tort Claims Act (“ATCA”) against approximately fifty corporate defendants and hundreds of “corporate Does” [including Bank of
Plaintiff appellant Reger Development, LLC * * * is an Illinois limited liability company involved in real estate development. Kevin Reger is Reger Development’s principal and sole member.
On October 6, 2005 Plaintiffs [Vernon Hammett and others] purchased a residential property in Alexandria.As part of that transaction, Plaintiffs executed a promissory note (the“Note”) in the
In January 1998, Heritage Land [Company] and M.G. Financial [Services of Indiana, Inc.,] formed Heritage/M.G.[, LLC,] for the purpose of developing a residential neighborhood known as Ironwood
Roy Supply, Inc., and R. M. R. Drywall, Inc., had checking accounts at Wells Fargo Bank. Both accounts required all checks to carry two signatures—that of Edward Roy and that of Twila June Moore,
1- [Melvin] Schultz died on July 5, 2005, at the age of 81.* * * Before he died * * * he developed some sort of relationship with [Robin] Holbrook, who had moved into Schultz’s home.Holbrook
Go to Extended Case 28.2, Overseas Private Investment Corp. v. Kim, 69 A.D.3d 1185, 895 N.Y.S.2d 217 (2010)on pages 551–552. Read the excerpt and answer the following questions.(a) The main issue
In February 2005, defendant Nam Koo Kim (hereinafter the husband), as sole owner of Majestic Group Korea, Ltd., entered into a loan agreement on behalf of the company with plaintiff[the Overseas
In 2007, James Cavazos purchased a new Mercedes vehicle from a dealer and gave JPMorgan Chase Bank (Chase) a purchase-money security interest(PMSI) in the car. The state recorded Chase’s lien on
The sole issue to be decided in this appeal is the priority of competing liens in and to a manufactured[mobile] home located on, but not attached to, a parcel of real estate which is the subject of a
TransTexas Gas Corporation was engaged in [the] exploration, production, and transmission of oil and natural gas. In April 1999, TransTexas fi led for Chapter 11 bankruptcy protection. The
On April 30, 2001, Dr. Mitchell borrowed$143,724 to purchase a house and the lot on which it was located* * * (the “Property”). [The loan]* * * was secured by a mortgage on the Property. * * *
Taser International develops and manufactures electronic control devices, commonly called stun guns, and accessories for electronic control devices, including a personal video and audio recording
Southwest Desert Images, LLC (SDI) was hired by Warner’s employer, Aegis Communications (Aegis), to perform landscaping and weed control. On September 29, 2003, SDI employee[David] Hoggatt began
McNeill Pediatrics, a J&J [Johnson and Johnson] wholly owned subsidiary, employed [Patty Lee] Smith in the position of Senior Professional Sales Representative. In essence, Smith’s position
Go to this text’s Web site at www.cengage.com/blaw/clarkson and select “Chapter 35.” Click on“Video Questions” and view the video titled Mary Tyler Moore. Then answer the following
Sheila White [was] the only woman working in the Maintenance of Way department at [Burlington Northern & Santa Fe Railway Company’s] Tennessee Yard.In September 1997, White complained to Burlington
In the automobile industry, luxury-car customers are considered the most demanding segment of the market with respect to customer service. Jaguar Cars, a division of Ford Motor Co. until 2008, was
This litigation involves a dispute between Shell Oil Company (Shell), a petroleum franchisor, and several Shell franchisees in Massachusetts.Pursuant to their franchise agreements with Shell, each
Midnight Star Enterprises, L.P. (Midnight Star) is a limited partnership, which operates a gaming, on-sale liquor and restaurant business in Deadwood, South Dakota. The owners of Midnight Star
Midnight Star Enterprises, L.P. (Midnight Star) is a limited partnership, which operates a gaming, on-sale liquor and restaurant business in Deadwood, South Dakota. The owners of Midnight Star
Schultz was the president and sole shareholder/ owner of Intra-Med [Services, Inc.], a Kentucky corporation that performed medical diagnostic imaging services, such as MRIs and CT scans.GE [General
Go to Extended Case 7.3, Pfenning v. Lineman, 922 N.E.2d 45 (Ind.App. 2010), on pages 143 and 144. Read the excerpt and answer the following questions.(a) The focus in this case was the application
Peggy Hamilton was a major shareholder in Carbon Processing and Reclamation (CPR), LLC. After a dispute, she sold her interest in the company and signed a confidentiality agreement not to divulge
While Charles McFarland was incarcerated in a state prison, two officers questioned him about his connection to a handgun that had been used to shoot two other offi cers. McFarland was advised of his
A famous New York City hotel, Hotel Lux, is noted for its food as well as its luxury accommodations.Hotel Lux contracts with a famous chef, Chef Perlee, to become its head chef at $10,000 per month.
Jason Lhotka was thirty-seven years old when he died of an altitude-related illness while on a GeoEx [Geographic Expeditions, Inc.] expedition up Mount Kilimanjaro with his mother, plaintiff Sandra
On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton [his mother] * * * fi led a complaint against [Bobby Joe] Waldrop alleging, among other things, that Waldrop had fraudulently induced
Mohammad Salim bought * * * a convenience store and gas station * * * . He made some improvements to the property and then offered it for sale. Talat Solaiman and Sabina Chowdhury approached Salim
Allan and [Aslan] Koraev both owned units in the Boardwalk on the Parkway Condominiums.Allan’s unit was directly beneath Koraev’s.* * * Between March 2005 and July 2007, Allan’s unit suffered
The plaintiff built a country residence for the defendant at a cost of upwards of $77,000, and now sues to recover a balance of$3,483.46, remaining unpaid. The work of construction ceased in June,
Plaintiff [B-Sharp Musical Productions, Inc.,] and defendant James Haber entered into a contract pursuant to which plaintiff agreed to provide a designated 16-piece band on a specified date to
On August 31, 1965 the plaintiffs, who are welfare recipients, agreed to purchase a home freezer unit for $$900$ as the result of a visit from a salesman representing Your Shop At Home Service,
Plaintiff Spray-Tek, Inc., is engaged in the business of commercial dehydration of food fl avor, pharmaceutical and soft chemical products. In 2003 plaintiff entered into a contract with Niro,
Jessie Romero went to the Scoggin-Dickey Chevrolet-Buick, Inc., dealership in Lubbock, Texas, and sought to purchase a 2006 Silverado pickup from Fred Morales.Romero proposed to purchase the pickup
If lost property is found on a table in a restaurant, it is considered to be misplaced rather than lost. True/False
Under the kiddie tax, a child’s unearned income over $1,500 is taxable at the parent’s in come tax rate if the child has not reached age 14 years. True/False
An innocent purchaser who buys stolen goods from a thief acquires good title to the stolen goods. True/False
A bailment is the transfer of possession and control of personal property to another with the intent that the same property will be returned later. True/False
An innkeeper is the operator of a hotel, motel, or inn that holds itself out to the public as being ready to entertain travelers, strangers, and transient guests. True/False
If a carrier holds itself out to the general public to provide transportation for compensation, it is called a common carrier. True/False
What are some examples of tangible and intangible personal property?
What are the methods of owning property with others?
What are the differences among lost property, misplaced property, and abandoned property?
What are the requirements of a completed gift?
How does the law apply to stolen property?
When does a bailment occur?
What are the principal types of bailments ?
What is the burden of proof as it relates to bailments ?
What is an innkeeper’s duty in relation to accepting guests?
What are innkeepers’ duties of care to their guests and their guests’ property?
Susan Lacroix’s Yerf -Dog go-kart was stolen from her driveway one evening when she went inside to have dinner. The thief placed an advertisement in the newspaper and sold it to Ronald Casey for
David Bess rented three outdoor booth spaces at the Traders World flea market to display his inventory of Beanie Babies for sale. He stored his inventory in a locked trailer, which he left parked at
Schaeffer boarded a 30-passenger, single-aisle turboprop airplane carrying two pieces of baggage.When asked by a flight attendant to surrender one carry-on for proper storage, he refused and became
Pollard found a valuable first edition that someone had dropped on the street. She took the book home, placing it with others in a collection of first editions. The owner’s name could not be found
Vincent Hartwell admired a valuable book collection on his uncle’s bookshelf. To Har t well’s surprise, his uncle said that he planned to give the books to Hartwell as a gift and that he could
Torczyner , a diamond salesman, registered as a guest at the Hilton Hotel in Denver, Colorado. He placed his diamonds in the hotel safe when he did not need them for business purposes. On the last
In his will, Gavegnano left all his tangible personal property to his daughter, Caroline. At the time of his death, he owned 19 thoroughbred horses. In addition, a cashier’s check made pa y able to
Joe Scott left his automobile with Purser Truck Sales, Inc., to be repaired. Purser Truck Sales turned the automobile over to Lonz Radford to make the repairs. The car was demolished while in the
Often the best intentions and the most well-laid plans are not enough to prevent misfortune. Sometimes chance intervenes and sometimes people just fail to see the significance of their actions (or
Real property and real estate mean exactly the same thing. True/False
In medieval England, landowners owned the airspace above their property to “as high as the heavens.” True/False
When personal property is attached to real property, it is known as a fixture and becomes part of the real property. True/False

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