A bilateral contract comes into existence at the moment an offer is made.
A minor may disaffirm a contract only if the subject matter is illegal.
Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the
U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is
empowered to enforce conflicts with the U.S. Constitution and with a state constitution.
In each situation, which source of law has priority?
For purposes of diversity of citizenship, a corporation is a citizen only of the state in
which it is incorporated.
When a buyer breaches a contract, the risk of loss immediately shifts to the buyer.
A judge’s view of the law is of little importance in a common law legal system.
An exculpatory clause in an employment contract is not enforceable if the clause is
against public policy.
An agent has a duty to follow all clearly stated instructions of the principal, lawful or
not.
Law enforcement officials can track the e-mail communications of one party to find out
the identities of other parties.
Under the “danger invites rescue” doctrine, a person who tries to rescue another
individual from harm is liable for any injuries to the individual.
Congress may tax some states and exempt others.
Sally and Tom decide to go into business, selling discounted merchandise through their
Web site “e-Buy.” They sign a partnership agreement that requires Sally to contribute
$12,000 and Tom to contribute $8,000 in capital to start the firm. The agreement also
states that only Sally will have the authority to bind the partnership in deals with third
parties, but the agreement says nothing about the management of the firm or a division
of profits. Without Sally’s knowledge, Tom tells United Computer Products, Inc., that
he represents the firm and signs a contract with United to buy hard drives for resale on
e-Buy. In the first year, e-Buy makes a profit of $50,000. What are the partners’ rights
with respect to the management of the firm? Is the partnership bound to the contract
with United? Do the partners split the first year’s profits? If so, how much is each
entitled to?
Most online dispute resolution services apply general, universal legal principles to
resolve disputes.
A covenant not to sue is against public policy.
A defendant may be relieved of liability by showing that a criminal act was necessary to
prevent an even greater harm.