Dynamic Business Law 5th Edition Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs - Solutions

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If an employee voluntarily quits his job, may the employee collect unemployment compensation? What if the employee is fired?
May an employee who is injured on the job collect workers’ compensation and also sue the employer for negligence?
List and explain the exceptions to the employmentat-will doctrine.
What is the purpose of ERISA?
Why is a disparate-impact case more difficult to establish than a disparate-treatment case?
The plaintiff, Aileen Rizo, is an employee of the public schools in Fresno County. After discovering that the County paid her less than her male counterparts for the same work, she brought this action under the Equal Pay Act. When the County moved for summary judgment, it conceded that it paid the
What is erroneous about the argument that we no longer need the Superfund because the Resource Conservation and Recovery Act now ensures that all waste is properly disposed of?
Since 1906, Teck Cominco Metals, Ltd., located ten miles north of the US-Canada border emitted hazardous substances such as lead, arsenic, cadmium, and mercury compounds into the atmosphere from the stacks at the Teck smelter. Teck’s metal smelting operation has been the target of legal disputes
The plaintiffs, various environmental groups, sued the defendant Army Corps of Engineers for violating the Clean Water Act, the National Environmental Protection Act, and the Administrative Procedure Act by issuing two nationwide coal-mining wastedischarge permits. The defendant claimed that it had
You saw in Case 46-3 that state law could be preempted by federal law. The question in this case is whether local law can also be preempted by state pesticide law. In November 2013, Kauai County in Honolulu, Hawaii, passed Ordinance 960 over the mayor’s veto to regulate pesticides and genetically
Jacquelyn N’jai lived in an apartment in Pittsburgh owned by Gary and Connie Bentz from 2008 to 2012. N’jai alleged that she experienced cramping in her toes, burning in her eyes, and uncontrollable choking, coughing, and gagging because of mold and lead dust permeating the apartment. The EPA
What is a rule-of-reason analysis, and what is its purpose in the courts? What are the four things the courts consider when engaging in a rule-of-reason analysis?
In what ways can horizontal and vertical mergers be harmful to competition?
Four suits, including three potential class-action suits and a suit by Schwab Bank, were filed against Bank of America and several other banks for alleged price fixing. The defendants, sixteen of the world’s largest banks (the Banks), were on a panel of banks that determined the London Interbank
Millcraft Paper Co. and Veritiv Corporation are wholesale distributors of printing paper products used for automotive advertising projects. When an automotive company or its contracted advertising agency orders printed materials from a printing company, the printing company orders paper from
MAC Trailer Manufacturing is a company that has distribution agreements covering most of the states in the United States. MAC had a distribution agreement with two companies in relatively close proximity to each other. One company, Black Hills Truck and Trailer was located in Rapid City, South
The US government was joined by 17 states in a 2010 antitrust suit, alleging that American Express rules preventing merchants from steering customers to cards with lower processing costs violate federal law. The New York-based lender said it needs the policy to remain competitive and uses the swipe
The National Football League (NFL) is an unincorporated association of separately owned and operated football teams that collectively produce an annual season of over 250 interrelated football games. In the past, the National Football League granted headwear licenses to a number of different
In 2013, the US Department of Justice filed suit to halt the planned merger between American Airlines and U.S. Air. In a November 22, 2013, editorial, Forbes magazine claimed that the case illustrates the absurdity of antitrust law.
Explain which type of property each of the following is: 1. A tree 2. Lumber 3. A car 4. A built-in oven
What is the difference between a gift causa mortis and an inter vivos gift?
How is lost property different from mislaid property, and why is that distinction important?
What is the relationship between the rights of the bailee and the duties of the bailor?
In 2011, a case arose that involved an alleged causa mortis gift. When Roger Hansen was alive, he owned estates that his nieces and their families were making payments on. Before he died, he wrote a draft of a will which stated that the nieces would own the properties upon his death. He delivered
Kelly Sr. had saved a significant amount of money. When he was 93, he fell and broke his hip, so he moved to a rehabilitation center. He thought he was going to die. According to one son, Kelly Sr. expressed a desire to divide his assets equally between his two sons because he needed to get rid of
Robert Spann lived in his house until he died. His daughter, Karen Spann Grande, became the administrator of the estate. She and her sister knew that their dad kept a lot of money, jewelry, and other valuables hidden in cans and other strange places around the house. Over the course of seven years,
In Oregon, a man’s dog scaled his fence and ran away. The man searched for his dog. He put up fliers, posted on Craigslist, and alerted the local animal control by filing a report. He never saw the dog again until he saw it in a girl’s car outside a café in Portland. His dog had been found by
Explain what a fixture is and when it is not treated as a part of the real property to which it is attached.
List the primary characteristics of three forms of joint ownership.
List the steps of the voluntary transfer of ownership of real property.
Explain how a piece of property could be involuntarily transferred.
Bogy and Hass each own adjoining pieces of farmland. A portion of Bogy’s property has long been accessed by a road that passes through Hass’s property. Herbert Bogy, his sons, and farming tenants have used that access since 1972. They made improvements to the road by installing a steel pipe.
Woody Creek Ventures, LLC purchased two parcels of land in Pitkin County, Colorado, with the intention of dividing the land into subplots and selling them. Wood Creek also purchased a title insurance policy from Fidelity. The two parcels of land were separated by a tract of land owned by the Bureau
In a familiar tale of familial feuds over passed down property, a son and grandson fight for their ownership claim in a house. On June 9, 2009, Molly Bryant executed a deed that conveyed a house in Davidson County, Tennessee, to herself and her son, Darryl Bryant (Son). The deed granted the
The Whelans filed suit to claim adverse possession of a 12.25-foot strip of land belonging to Allen and Michelle Loun that was located along the south of the Whelans’s property. There was a fence located 12 feet outside the Whelan’s property, but for the previous 22 years, that strip of land
What is the most distinguishing element of a landlord-tenant relationship?
As a tenant, what are the remedies available to you if the landlord breaches the implied warranty of habitability?
Explain the distinction between assignment and sublease.
Burbank Apartments Tenant Association had a project-based Section 8 housing assistance payment contract (HAP) with the United States Department of Housing and Urban Development. Project-based Section 8 housing is a government funded program that helps to provide rental housing to low-income
The plaintiffs resided at a residential property located at 29 Spring Street, West Warwick, Rhode Island (Property). Plaintiffs Gregoire and Traynor entered into a residential lease agreement with Due North Investments, LLC (Due North). Baird Properties, LLC (Baird, or landlord) held a mortgage on
A landlord filed a nonpayment proceeding to recover possession of the 1st Floor at 49 Water Lane North, Levittown, New York. The tenant allegedly owed the petitioner the sum of $9,970.00. The tenant claimed that the petitioner failed to demand payment of rent or serve a requisite three days’
Pureform Movement LLC originally held a lease with Brosrub Company LLC, before the lease was transferred to another landlord, 101 E. Burnside Partners LLC when it bought the building. The lease was for three years starting in October 2011 and expiring in September 2014. The contract allowed
In late 2011, Richard Bolmer filed a lawsuit against Connolly Properties, Inc., claiming that its rental property, in which he resided, was poorly maintained. He claimed that the property was left victim to mold, rodents, bugs, unclean common areas, and unreported theft and criminal activity. This
Escobar, a college student, sustained injuries when he fell from a fourth-story window of the Mark Tower residence hall at the University of Southern California (USC). Before he fell, he had been sleeping on a bed that was placed against a window in Mark Tower. Escobar’s friends had taken him to
Why do states often require that insurance contracts include certain clauses?
When may the insurer cancel the insurance policy?
Why are liability policies important for businesses?
In February 2008, the Washington State Department of Transportation diverted snowmelt through trenches located in the vicinity of Northwest Bedding Company’s facilities. The water overflowed the trenches, inundated Northwest’s building, and damaged the building and surrounding property.
On March 7, 2007, Toby Young was participating in a five-day cross-country ski and yoga program with Elderhostel and the Craftsbury Center, Inc. Young spent the afternoon cross-country skiing. A Craftsbury employee drove a Craftsbury van to pick up Young’s group at the end of their ski trail. As
Duall Building Restoration, Inc., brought an action against the property owner of 1143 East Jersey, alleging that the owner had failed to make the necessary payments specified in the parties’ painting contract. Duall had been contracted to restore the brick walls of the property. The painting job
Plaintiffs Glenn Tibble and others sued Edison International and affiliated companies. At issue in the case are 17 mutual funds that defendants selected as plan investment options in March 1999. For each of the 17 funds, defendants initially selected the retail shares instead of the institutional
Brian Cooper was a regional manager for three employers: Home Depot USA, Inc., Grand Service, LLC, and Grand Flower Growers, Inc (the defendants). Cooper had a history of sexually harassing young female subordinates and it was known to the defendants. The victim in this case, Alicia Bromfield, was
Fulton Friedman & Gullace, LLP, is a debt collector that set out to collect debts on the behalf of Asset Acceptance, LLC. Fulton sent form letters to various consumers stating that their debt had been transferred from Asset Acceptance to Fulton. The letters also directed customers to send any
Plaintiff Applequist had a lengthy career in sales and event marketing spanning from California to Nevada and most recently in Mississippi and Alabama. In 2003, she moved from the Mississippi Gulf Coast, where she had worked as a casino host for Grand Casino Biloxi, to become an “executive
Tom and Shannon Brown bought a new home constructed by Waldron Properties, LLC, in Mississippi in 2006. In 2011, the Browns noticed cracks in the walls of their home. They sought a licensed engineer’s expert opinion and were informed that the problems were caused by a flaw in the construction of
How do we protect water quality?
Maurice Clarett, a former running back for Ohio State University and a Big Ten Freshman of the Year, wanted to enter the NFL draft. However, Clarett was precluded under the NFL’s current rules governing draft eligibility. Clarett was a season shy of the three necessary to qualify under the
List the elements that must be contained in an environmental impact statement.
How is equal work defined under the Equal Pay Act?
How does each of the primary segments of the Clean Air Act contribute to the act’s overall goal of improving air quality?
What business practices can be considered illegal as a result of the Clayton Act, which Congress passed in 1914?
Derrick George was the unfortunate victim of crime in his very own apartment. On June 11, 2011, George’s apartment was burglarized while he was not home. The manager of the apartment complex, Hercules Real Estate Services, Inc. repaired the front door and installed a metal burglar guard. Later
In May 2007, Larry Ward purchased a newly constructed home in Virginia Beach, Virginia. He obtained a homeowner’s insurance policy from TravCo Insurance Company. The policy was renewed annually until May 2010. In May 2009, Ward experienced problems with the home. He retained an expert who
On June 13, 2009, Sage McGirk participated in a group skydive offered by Skydive Factory. Robert Mehl, an agent of Skydive Factory, piloted the airplane carrying the group, which took off from the Orange County Airport in Virginia. After the jumpers exited the plane, Mehl turned and made a low pass
Amy and Wade Finley, Jr., were married in 1990. They faced fertility challenges and consequently produced and froze four embryos through an in vitro fertilization and embryo transfer program. In July 2001, the couple was successful in their first attempt to implant an embryo, but Amy miscarried.
Altman Contractors, Inc., the general contractor for the construction of a high-rise condominium in Broward County, Florida known as “Sapphire,” was insured by Crum & Forster Specialty Insurance Company on a general liability policy. C & F had a duty to defend Altman in any “suit” arising
Douglas and Katy Rasmussen owned a rental house in Lake Jackson, Texas. The Rasmussens insured the house with Texas Farm Bureau Underwriters. The Rasmussens dealt directly with Texas Farm Bureau’s agent Fred Bolton. Bolton told the Rasmussens that he would notify the Rasmussens of any changes to
Identify and describe the two most important estate planning tools.
What are intestacy statutes, and why are they important?
What is the difference between a living will and a health care proxy?
Mary McDaniel was married to Luther McDaniel for over 60 years, until her death at age 87 in December 2006. Luther died two-and-a-half years later in June 2009 at the age of 92. The McDaniels had two sons, Charles and Jerry. In 2002, Luther and Mary, who were then in their 80s, executed wills
Trevor and Karen Seaman were married on January 6, 2001. Shortly before their marriage, in November 2000, Trevor was diagnosed with cancer. Due to the risk of infertility that could be caused by chemotherapy, Trevor cryopreserved sperm prior to starting his treatments in November 2000. In May 2005,
In February 2010, Thomas Stewart died in an accident. He was survived by five adult children. In 2007, Stewart executed a will and trust that explicitly excluded one of his sons, Sean Stewart, from receiving any interest in the estate. The will and trust contained so-called in terrorem clauses
Elvira Aguilar owned a home in San Antonio, Texas, where she lived with her partner Johnny Montoya Garza. In March 2005, Elvira and Garza signed a document titled “Will from Johnny Montoya Garza and Elvira G. Aguilar.” The will gave the home to Elvira’s three grandchildren and also provided
Fred Berg executed a will in December 1997 in which he named one of his nephews, Roger Berg, as his sole heir. Roger was acting as Fred’s attorney-infact at the time but was unaware that he had been named the sole heir in Fred’s will. Fred had a long history of mental health issues dating back
Milton and Helen Boman had three childrenCynthia, Trudy and Wesley. Wesley helped his parents with their farming operations in Hancock County, Iowa, for thirty years and shared in the profits equally with Milton. In 1997, Milton and Helen created a revocable trust which provided that, upon their
In 1984, Irving Duke prepared a holographic will in which he left all of his property to his wife Beatrice. He left one dollar to his brother Harry and disinherited all other persons. The will provided that should Irving and Beatrice die at the same time, then the estate was to be divided equally
Sture Graffman entered into a contract with Miguel Espel whereby Espel and his company (MTS) became the exclusive agent for the promotion and sale of Graffman’s Picasso painting. Espel asked his brother-in-law, Michael Delecea, to help in the sale of the painting. The painting was sent to Delecea
In 1987, R.H. Love Gallery owned the title to a painting entitled Marlton’s Cove. The gallery sold 50 percent of the painting to Altman Fine Arts, a New York art dealer, and 50 percent to Andre Lopoukhine, a Boston art dealer. In 1989, Plaintiff Morgold, Inc., purchased Altman’s 50 percent of
William and Donna Hardy purchased a motor home in July 1993 for $38,989. The day after purchasing the motor home, the Hardys commenced a cross-country trip. The Hardys had noticed a small crack on the windshield, but the sellers of the motor home promised to fix the problem when the Hardys
Plaintiff sells to Defendant software packages for Defendant to package and resell to customers. The plaintiff does not dispute that the software packages are goods under the UCC. However, the contractual issue is whether the licensing agreements and subsequent payments fall under the UCC or common
Think back to the Vitol v. Koch Case Opener. Utilizing three different sets of contracts rules for performance: common law, the UCC, the CISG. What differences, if any, might be present from these three different perspectives?
Midwest Mobile Diagnostic Imaging (MMDI) brought suit against Ellis & Watts (E&W), a division of Dynamics Corporation of America, for breach of contract. The dispute arose when E&W delivered the first of four trailers equipped with magnetic resonance imaging (MRI) scanners that E&W had agreed to
The buyer contracted with the seller for a customized machine. The seller failed to have the machine ready by the agreed-on deadline. The buyer agreed to two extensions, both of which were not met by the seller. The buyer then terminated the contract. The seller sued for breach, claiming that it
Plaintiff orders a new mobile home from the defendant. It is delivered in two lots, each wrapped tightly in plastic. Wind and rain had ripped open one of the lot’s plastic protective covering, waterlogging and damaging that half of the mobile home. Plaintiff gave defendant notice of the
Plaintiff sues the defendant for nonconforming goods and failure of performance under a UCC article 2 contract and under state law. However, the lawsuit should properly have been filed under the CISG and not the UCC and state law. Is the law suit subject to a dismissal for failing to state grounds
Hot Lights breached its contract with Weatherford by failing to provide the full amount of lighting required in the contract. However, Hot Light contends that the trial court erred in concluding that Weatherford did not receive any benefit from Hot Lights’ performance and dismissing its quantum
Should lost profit be permitted as a potential remedy when it has not been realized yet? The CISG includes lost profit in its damage theory almost automatically. Should the UCC do so as well?
In 1997, a seller and buyer enter into an agreement for the purchase of industrial ball bearings. Buyer agrees to a minimum purchase of ball bearings each year. The buyer never purchases the minimum amount determined by the contract. The plaintiffseller does not demand, as it could under the
KGM Harvesting Company, the seller, had a contract to deliver 14 loads of lettuce each week to lettuce broker Fresh Network, the buyer, for 9 cents a pound. When the price of lettuce rose, KGM refused to deliver the lettuce it had promised to Fresh Network and instead sold the lettuce to others and
Seller assigns the right to receive monies owed from a UCC article 2 contract to a third party by way of assignment. For a variety of reasons, defendant buyer refuses to pay the invoiced amount. The third party sues. Does the UCC still govern the lawsuit despite the plaintiff being a third party
Appellants’ buyers purchased a small mom-and-pop gas station/convenience store from a Mr. Lowe. One of the appellants’ claims is that the sales contract was unconscionable. Appellants’ unconscionability argument is twofold: (1) that the value of the business was substantially less than what
Defendant Cross Creek sells seeds and sold seed packets to a number of plaintiffs. The seeds were mislabeled causing the plaintiffs monetary loss. The defendant concedes that the Court accept Plaintiffs’ contention that each container of seed sold to Plaintiffs was mislabeled, meaning that the
MAHO is a German manufacturer with offices in the United States. It makes industrial milling and boring machines. MAHO contracted to sell Windward a MAHO 700s machine that Windward required for a new operation in Singapore. The sale of the machinery would go through a distributor, Jeffreys
Plaintiff purchased a pair of work boots at WalMart. The boots did not perform as plaintiff was led to believe, and not only did the boots wear down considerably but it resulted in an injury to the plaintiff. The plaintiff filed a lawsuit in the personal injury of tort beyond the statute of
Kevin Scott purchased a Ford van on credit on May 14, 1987. The total cost of the van was $18,399, and Scott made a down payment of $3,406. After the van was damaged in a traffic accident, Scott failed to make the necessary installment payments required by the contract. The van was repossessed in
Alan Broad bought a new Jaguar automobile. The dealership stated that it would repair any issues with the vehicle in the future. A number of issues developed, and Broad was in and out of the dealership numerous times. When the vehicle was not fixed to his satisfaction, Broad began negotiations with
Deborah and Jerry Welchert began commercially growing vegetables in 1989. In 1990, they leased a tract of land southeast of Blair, Nebraska, for this purpose that was also to be farmed by Jerry’s brother, Rick Welchert. After they began planting vegetables, the Welcherts noticed that the
Brent Bentrim purchased a house by obtaining a loan from Bank of America. In 2002, Bentrim borrowed $182,700 from First Union National Bank, executing a mortgage and note in First Union’s favor during the process. Bentrim used the loan to pay off the first loan to Bank of America in full. First
Stacy and Michael Russell are residents in Harrah, Oklahoma, who live in a trailer. Oklahoma Farm Bureau Mutual Insurance Company was the insurer on the home. Within the Russells’ policy, a section on loss stated that Farm Bureau “will pay you unless another payee is named on the Declarations

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Dynamic Business Law 5th Edition Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs - Solutions

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