Designating a third party as a beneficiary in a contract does not indicate whether the
beneficiary is intended or incidental.
A maker is secondarily liable on an instrument.
Under a shipment contract, the risk of loss passes to the buyer when the goods are
delivered to the carrier.
Omega Communications, Inc., is an Internet service provider. Product Promotions, Inc.,
spams Omegas customers, some of whom then cancel Omegas services. On what tort
theory might Omega recover damages from Product Promotions?
For twenty years, Ozzie works for Players Paradise, a destination for vacationers from
across the United States, maintaining golf carts. After a steady stream of positive job
evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of
golf-cart maintenance at three of Playerss courses. Five years later, a new employee,
Quentin, is hired to oversee operations at all ten of Playerss courses. Quentin demotes
Ozzie, who is now over the age of forty, to running only one of the three cart facilities,
and freezes his salary. Quentin demotes five other employees over the age of forty and
places one of Ozzies former facilities under the supervision of Richie, who is
twenty-three. Ozzie overhears Richie say, “Were going to have to do away with these
old, senile men. Less than a year later, Quentin reconsolidates the three cart facilities
operations under Richies charge. Ozzie quits and files a suit against Players for
employment discrimination. Should he prevail? Explain.
Bankruptcy law has one goalto encourage the continued use of credit.
A party to a licensing agreement generally agrees to pay royalties on some basis.
A lender can make a higher-priced mortgage loan based on the value of the consumers
home without verifying the consumers other credit obligations.
Corporate ethical policies must be clearly communicated to be effective.
There is no distinction between regulating the information dispensed about a product
and regulating the actual content of the product.
Noninvestment companies are firms that are not engaged primarily in the business of
investing or trading in securities.
Occurrences unforeseen by either party when a contract was made may make
performance commercially impracticable, but the perfect tender rule still applies.
An instrument that promises to pay “in gold can be negotiable.
Buyers of goods sold door to door can cancel their contracts within three business days.
Inadequate consideration may reflect a lack of bargained-for exchange.
An employers discrimination against job applicants or employees on certain grounds
may violate federal law.
Contract duties cannot be assigned but they can be delegated.
Most crimes must be prosecuted within a certain number of years.
Directors are entitled to use confidential corporate information for their personal
advantage.