A fundamental aim of the National Labor Relations Act is the establishment of
industrial peace and the preservation of the flow of commerce.
Adherents of the Post Chicago School use an antitrust analysis based solely on whether
competition has been harmed.
The Uniform Commercial Code provides that, under certain circumstances, a merchant
may be liable on a written contract, even though that merchant has NOT signed it.
In negotiating the purchase of a vehicle, the sales representative told Karla, “I guarantee
that you will be personally satisfied with this car.” The guarantee was written on the
contract when Karla purchased the car. If a controversy arises over Karla’s satisfaction,
the court will apply a subjective standard, which means Karla’s judgment must be
reasonable.
Dr. Gonzalez ordered specialized surgical equipment from Physicians Supply Co., but
his order was not delivered by the agreed date. Gonzalez is under no obligation to
minimize damages since the contract was breached by Physicians Supply, not Gonzalez.
Compare and contrast money laundering and embezzlement. Give an example of each.
What information must be contained in a registration statement?
Margo is in possession of a check issued to her by Felix. The check states, “Pay to the
order of Margo.” If Margo wishes to transfer the check to Pete to pay a debt she owes
him, all she needs to do is strike out her name on the front of the check, write in Felixs
name and give it to him.
The Federal Trade Commission will not allow the sale of franchises that are unfair to
the franchisee.
List the four different types of “marks” that can be protected under trademark law.
Explain how each mark is used.
A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite
caused a house foundation to crack. The house was located over a half-mile away from
the dynamite site. The contractor was careful when using the dynamite and no
allegation of negligence is made. However, the house owner claims the contractor is
liable for damage to the foundation. Is the house owner correct? Explain.
Sean of Sean’s Shrimp House was enjoying a cup of cappuccino while visiting with
Ollie at Ollie’s Ocean Front Bar & Grill. During the course of their conversation, Sean
agreed to supply 100 pounds of shrimp per month for the next year to Ollie’s restaurant
at the price of $2.50 per pound. When Sean got back to his office, he sent a written
confirmation of the agreement to Ollie. Six weeks after receiving the confirmation Ollie
wrote back, stating that he had not agreed to the price of $2.50 per pound. Is Ollie
bound to the confirmation?
In order to obtain limited liability, Tom and Doris formed an LLC to operate their
catering business. They sometimes deposited the proceeds from catering jobs into their
personal checking accounts and if they needed to pay personal bills and were short of
funds, they used the business account. If creditors of the business cannot get payment
for their invoices, is there anything a court can do to help the creditors?
A manager who first offers an opportunity to disinterested directors or shareholders who
turn it down has the right to take advantage of the opportunity herself.
Matson agrees to purchase 500 wooden chairs from Woodcarvers, Inc. After
Woodcarvers sets the chairs aside in its warehouse, but before the risk of loss passes to
Matson, the chairs are destroyed in a fire, which was not the fault of Woodcarvers. The
contract between Matson and Woodcarvers is void.
Congress passed a law imposing penalties for displaying “indecent” material online
where children could see it. If the U.S. Supreme Court subsequently rules that the
statute conflicts with the First Amendment of the U.S. Constitution, the statute is void.