Questions and Answers of Business Law Today

Most defendants who are found NGRI are released immediately. True/False
A person does not have to retreat to his or her own home before resorting to force to repel an attack. True/False
Mistake is never a defense to a charge of criminal liability. True/False
Judges and legislators are often faced with making decisions that make no sense or, rather, that make sense only after the fact. A case in point involves the explosion of the Deepwater Horizon
What is respondent superior?
What is meant by the legal term “duty”?
What are the principal intentional torts?
What are the differences among contributory negligence, comparative negligence, and assumption of the risk?
When does strict liability apply?
What is a cybertort?
What remedies are available in tort law?
What innovations have been suggested for contemporary state tort reform?
Patrick Clawson was described by reporter Karen Branch-Brioso in a newspaper story as a “1970s era St. Louis journalist turned private eye turned FBI informant.” The story was published in the
Curtis Ellison was riding as a passenger in his own vehicle when it was pulled over by the police for a parking violation. The vehicle had actually been targeted because the police had routinely
A St. Louis police officer was speeding the wrong way down a one-way street when he collided with a vehicle being driven by Ann Martin. Martin was seriously injured in the crash and brought a lawsuit
At the height of the modern civil rights movement, The New York Times ran a full-page advertisement entitled “Heed Their Rising Voices.” The advertisement detailed police efforts in Montgomery,
Five Commerce City police officers were summoned to break up a disturbance at a local party of teenagers. At the party, Ralph Crowe, who had consumed eight cups of beer and three cups of alcoholic
Seventy-four years of age at the time, Ramona Booker entered a drugstore by pushing her way through one door and then through a second. Both doors were extremely heavy, so Booker was compelled to use
Queenway Tankers, Inc., Kingsway Tankers, Inc., the East River Steamship Corporation, and Richmond Tankers, Inc., all chartered supertankers designed by Transamerican Delaval, Inc. Under the terms of
Myers was injured when she slipped and fell on an ice patch on the front walkway of the Canton Centre Mall. The mall is owned and operated by Forest City Enterprises. Forest City had employees who
Michelle Wightman was driving toward a railroad crossing at which the gates were down and the lights flashing. Wightman noted a stopped train a short distance from the gate. Believing the stopped
A person who commits a tort is engaged in “twisted” behavior. True/False
The purpose of tort law is to protect the public at large. True/False
Employers are never liable for the torts of their employees because such a move would violate the constitutional prohibition against double jeopardy. True/False
Assault and battery never exist simultaneously. True/False
To be defamatory, a statement need not be communicated to a third party. True/False
The intentional infliction of emotional distress has yet to be recognized as a tort in any state jurisdiction. True/False
Legal duty is never at issue in any lawsuit today. True/False
Proximate cause is sometimes referred to as legal cause. True/False
Under the defense of comparative negligence, the plaintiff always loses all the damages that he or she might have been awarded, absent the defense. True/False
Keeping wild animals is an ultrahazardous activity. True/False
Strict liability is also known as absolute liability. True/False
Product liability is completely unrelated to strict liability, and the two torts should never be confused with each other. True/False
Cybertorts always involve information that has been invaded, distorted, stolen, falsified, or destroyed by an electronic device. True/False
Most legal moves in cyber-defamation have been designed to extend liability. True/False
Government employees have a high expectation of privacy in the workplace. True/False
Economic and noneconomic compensatory damages are essentially the same thing. True/False
Punitive damages are designed to compensate the victim of a tort. True/False
An injunction is never granted by the court in any kind of tort case. True/False
Survival statutes allow a lawsuit to be brought even if both the plaintiff and the defendant are deceased. True/False
Statutes of repose establish a limit in years beyond which an injured party could not bring a lawsuit for an injury caused by a product. True/False
A paradigm is an unchallenged world view that establishes the rules by which everyone in a particular culture thinks, speaks, and acts. True/False
The law is a balancing act that struggles to assimilate new ideas while maintaining useful and effective traditions.Sometimes this balancing act works well; and sometimes it just falls apart. A case
During the 2004 presidential campaign, Michael Moore promoted the film , Fahrenheit 9/11 , which was critical of the Bush presidency and which expressly urged the removal of Bush from the presidency.
How did the law merchant develop?
How did the law merchant merge with common law?
What are the four elements of a contract?
What is the objective of contract law?
What is the role of the UCC in contract law?
How do contracts differ from other agreements?
What are the roles of privity and agency in contract law?
What are the characteristics of a contract?
Several businesspeople secured a contract with the state of Massachusetts that permitted them to construct a bridge spanning the Charles River. The businesspeople intended to charge a toll for
The Borg-Warner Protective Services Corporation and Burns International Security Services contracted to provide security for the Cleveland Institute of Art (CIA). Robert Adelman was struck by an
One of Stewart’s clients gave him a check for $185.48. The check had been drawn up by the client’s corporate employer and properly endorsed by the client. Nevertheless, the bank refused to cash
Vokes was told that she would become a professional dancer if she took a very expensive dancing course offered by Arthur Murray, Inc. She was also continually told that she had great talent. The
Anderson, a farmer, orally agreed to buy a used tractor from the Copeland Equipment Company for $475. Copeland delivered the tractor to Anderson, who used it for 11 days. During this period, Anderson
B.L. Nelson & Associates, Inc., entered into a contract with the city of Argyle to design and construct a sanitary sewer collection and treatment facility for the city. The city attempted to get out
Peters entered into a contract to purchase Dowling’s business. The following terms were agreed to: (a) Peters would take over all of Dowling’s executory contracts, (b) Peters would purchase
A valid contract results in an obligation that can be enforced in a court of law. True/False
Mercantile law, the law merchant, and lex mercatoria are all different names for the same area of law. True/False
The six characteristics of the law merchant are neutrality, universality, mutuality, involvement, integration, and evolution. True/False
The four elements are mutual assent, consideration, capacity, and legality. True/False
The courts says that the objective of rehabilitation is to place the innocent party in as good a position as he or she would have been had the contract been performed. True/False
All contracts must be in writing to be enforced in a court of law. True/False
A void contract is one that can be avoided by one or more of the parties. True/False
A formal contract is also known as a simple contract. True/False
A contract that has not yet been fully performed by the parties is called an executory contract. True/False
Of course, the Roman Catholic Church was not always as supportive of capitalism as it eventually became. In fact, both Henri Sée in a study entitled Modern Capitalism and Harold Berman in his book
Suppose you posted a reward notice that read, “Reward: $50 for the return of my lost college class ring.” Suppose further that someone who did not know of the reward offer found your ring and
In the balancing act that is the law, judges and attorneys must often weave their way through a series of overlapping and inconsistent legal dimensions before arriving at a solution to their
The person who freely makes an offer is called an offeree. True/False
An offer is valid only if it has:(a) Serious intent,(b) Clear and reasonably definite terms, and(c) Communication to the offeree. True/False
No valid offer will exist when terms are indefinite, inadequate, vague, or confusing. True/False
An acceptance means that the offeree agrees to be bound by the terms set up by the offeror. True/False
According to the Postal Reorganization Act, the recipient of unordered merchandise through the mail may treat such goods as a gift. True/False
A rejection comes about when an offeree expresses or implies a refusal to accept an offer. True/False
The Uniform Electronic Transactions Act (UETA) was passed by Congress as a federal law. True/False
The Electronic Signatures in Global and National Commerce Act was written by the National Conference of Commissioners on Uniform State Laws. True/False
The process of accepting an online offer is often referred to as a “click-on” agreement. True/False
Misrepresentation is a false statement made with no intent to deceive. True/False
Mutual mistake is grounds for rescinding a contract. True/False
Economic duress is also known as business compulsion. True/False
Keith Rawlins and his daughter, Jenna, attended the July 20, 2012, baseball game between the Cleveland Indians and the Baltimore Orioles. That night, following the game, the Indians were hosting a
After a lengthy investigation spearheaded by the Internal Revenue Service (IRS), agents concluded that SDI Future Health, Inc. (SDI) and two of its senior executives— Todd Kaplan (SDI’s
Southern Union Company is a natural gas distributor. Its subsidiary stored liquid mercury, an extremely hazardous substance, at a facility in Rhode Island. A group of kids from a nearby apartment
Most businesses, institutions, and organizations gather information from and about their customers, constituents, or members. Many businesses also want information about potential customers and may
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The Russ College of Engineering and Technology of Ohio University announced in a press conference that it had found “rampant and flagrant plagiarism” in the theses of mechanical engineering
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Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $150,000. (See page 11.)1. In this lawsuit, who is the plaintiff, and who
Assume that you want to read the court’s entire opinion in the case of McKee v. Laurion, 825 N.W.2d 725 (2013). Read the section entitled “Finding Case Law” in the appendix that follows this
John’s company is involved in a lawsuit with a customer, Beth. John argues that for fifty years higher courts in that state have decided cases involving circumstances similar to his case in a way
Inadvertently or intentionally, wrongs are committed every day in the United States. Sometimes, businesspersons believe that wrongs have been committed against them by other businesspersons, by
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a
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Kelley Mala was severely burned when his boat exploded after being over-fueled at Crown Bay Marina, Inc., in the United States Virgin Islands. Mala filed a lawsuit in a federal district court against
Although there are more claims for breach of contract than for anyother category of lawsuits, the dollar amount of damages awarded in tort actions is typically much higher than the awards in
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Identify the four elements of negligence.

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