The purchase of a warehouse receipt by due negotiation eliminates all prior claims.
In common usage today, there is no distinction between real and personal property.
The drawee of a check is always a bank.
The tort of intentional infliction of emotional distress requires proof of outrageous
conduct and resulting emotional distress in the victim.
The limited liability company combines the tax advantage of the partnership with the
limited liability feature of the corporate form of business organization.
Ratification consists of any words or conduct of a former minor manifesting an intent to
be bound by the terms of a contract made while a minor.
An incompetent person may ordinarily avoid a contract in the same manner as a minor.
A landlord is ordinarily not liable to third persons injured because of the condition (not
existing at the time the lease was created) of any part of the rented premises that is in
the possession of a tenant by virtue of a lease.
No writing is required for a contract by which a broker agrees with a customer to buy or
sell securities for the customer.
The media enjoy a qualified privilege for stories that turn out to be false.
All debts are discharged in bankruptcy, whether disclosed by the debtor or not.
Gonzalez Manufacturing negotiated by telephone to purchase approximately $7,000
worth of digital video recorders from Video Imports. The final details were worked out
by telephone calls on April 2nd. On April 4th, Video sent Gonzalez a confirmation of
their telephone agreement, which included pertinent details. Meanwhile, on April 3rd,
Gonzalez was offered a better deal than Video’s and accepted it. Upon arrival of the
confirmation on April 6th, Gonzalez ignored it and did nothing further until May 1st,
the date before Video was to deliver. On May 1st, Gonzalez informed Video that their
contract was an unenforceable oral contract and that delivery would not be accepted.
When attempts to amicably settle the matter failed, Video sued Gonzalez for breach of
contract. Decide.
A sole proprietor is subject to unlimited personal liability for the debts of the business.
A limited partner may receive a share of the profits.
Subject to certain limitations, a third person, on learning of the existence of an
undisclosed principal, may sue the principal.
The Constitution prohibits state governments from denying any person the equal
protection of the law.
A buyer who cancels a sales contract because the seller fails to deliver the goods is
entitled to recover as much of the purchase price as had been paid.
A corporation may be convicted of a criminal offense if it is shown beyond a reasonable
doubt that the offense was committed by its agent acting within the scope of the agent’s
authority.
The typical U.S. copyright now runs for 28 years, with a right of renewal for an
additional 28 years.
Sal was at home going through his normal workout when he bent his barbell bar. Sal is
a professional bodybuilder, and this fact is obvious from his appearance. Sal went to his
local sporting-goods store and was approached by a clerk wishing to assist him. Sal told
the clerk about his problem and the clerk asked Sal to wait while an appropriate bar was
located. The clerk presented Sal with a bar that the clerk said “is just what you need for
your type of weight requirements.” Sal paid for the bar and was returning home when
he stopped at a health food restaurant. The drink that he ordered had an unusual taste,
but the food establishment refused a refund. Sal became ill from the drink, which, as it
turned out, had a toxic substance in it. Sal had to be hospitalized. When Sal was able to
work out again, he attached the weights to the new bar and lifted the bar under his chin.
The bar snapped in the middle and severely cut Sal. Sal is angry about the drink and the
barbell. What are the applicable warranties involved? Does Sal have a cause of action?