The normal remedy for breach of contract where the plaintiff has suffered a loss is
compensatory damages.
Consumer protection laws, which commonly regulate the form of consumer contracts,
provide that back-page disclaimers are void if the front page of a contract does not call
attention to the presence of the terms on the back page.
To successfully pursue a Title VII lawsuit, the plaintiff generally must belong to a
protected class.
Courts look at each case at a given point in time and are not concerned with former
cases and rulings when making current decisions.
Bearer paper may only be negotiated by the actual transfer of possession of the
instrument.
Instruments are always negotiable.
Sylvia Jurgen operates a florist shop. During a particularly busy day, she allowed one of
her employees, Terry Lioni, to use her (Jurgen’s) personal car to assist with deliveries.
Lioni had just obtained his driver’s license. Lioni was involved in an accident that was
his fault. Would Jurgen’s liability insurance pay in this situation?
Peter applied for a loan at three banks. Peter’s application was denied at the first two
banks but finally was approved by the third institution. Peter believes that the first two
banks denied his application because of his minority status. No explanation ever was
provided by the banks denying Peter’s request for funds. After obtaining the loan, Peter
soon found himself unable to make the prescribed payments. Peter went into default,
causing the bank to turn his case over to a collection agency. The collection agency
called him “night and day” and were very abusive in their collection practices. Peter
became quite distraught and unable to function at his job. As a result, Peter was soon
fired. Peter asks for your advice regarding his legal rights. What is your response?
Bob Brown entered the Hotel Lux to attend a conference being held within the hotel.
Sam Smith arrived to attend the same conference, registered at the front desk, and
obtained a room. Sally Jones also intended to participate in the conference and was in
essence living at the hotel at the time. What relationship exists between the hotel and
each of these individuals? What can be said of the hotel’s obligations to each individual
under these circumstances?
An agent is distinguished from an ordinary employee in that employees are hired to
represent the employer in dealings with third persons.
A contract can only involve two parties.
If an illegal agreement has already been performed parties can sue for damages.
The contributory negligence of the client does not reduce the liability of an accountant
who is liable for malpractice.
Cameo Industries desired a workplace free from all forms of sexual harassment.
Accordingly, Cameo developed guidelines for its workers that specifically forbade
sexual harassment. The guidelines gave examples of conduct that would not be
tolerated, provided penalties, designated a company official as the proper person to
whom complaints should be brought, investigated complaints thoroughly, and
maintained an educational policy designed to remind employees of the policy.
Maureen, a Cameo Industries employee, made a complaint of sexual harassment,
charging that her supervisor had demanded sexual favors. An investigation was
performed and the charge was substantiated. The supervisor was warned not to continue
this conduct, but it happened again. The supervisor was again issued a warning. Finally,
Maureen brought a court action against the supervisor and Cameo. Cameo defended on
the ground that it had done all in its power to rectify the situation. Decide.
An implied contract is one in which the agreement is shown not by words, written or
spoken, but by the acts and conduct of the parties.
Punitive damages are generally recoverable in contract actions.
In a contract for the sale of goods, any modification made by the parties to the contract
must be supported by consideration to be binding.
Criteria used to make employment decisions that have a disparate impact on women,
such as height requirements, must be job-related.
The courts have traditionally viewed it as their responsibility to sit in judgment on the
wisdom of decisions made by corporate directors.