Personal property that has become a fixture is still classified as personal property.
Under the Litigation Reform Act of 1995, issuers of forward-looking statements that
were not knowingly false when made have a safe harbor from related lawsuits if
appropriate cautionary language was included.
“Preemption” means that the federal regulatory scheme is controlling.
Fred and Mary were married. Fred had executed a will prior to the marriage that left all
of his property, both real and personal, to his mother. Fred later died without changing
his will. Mary feels that she should be entitled to some of Fred’s estate. While waiting
for Fred’s estate to be finalized, Mary remarries. Mary’s second husband executes a will
providing for Mary. Later, after Mary and her husband adopt two children, her second
husband dies. Mary feels that her children should be entitled to receive something from
her second husband’s estate. Is Mary and, later, are her adopted children entitled to
receive something under the wills?
Roxy is employed as a manager at “com.com,” an Internet-based company attempting
to compete successfully in the highly competitive software development industry. Roxy
is concerned that one of her employees, Randy, is not performing at an acceptable level.
While Roxy has noticed that Randy spends considerable time using the computer at his
workstation, his productivity is lacking. Roxy suspects Randy is using the company’s
e-mail system for personal use instead of working on company business. Is Roxy
permitted to monitor Randy’s email?
The distinction between offer and acceptance is no longer relevant in cyberlaw.
The fact that a partnership is terminated after a life insurance policy is obtained by one
partner on another invalidates the policy.
A consumer claiming that there has been a violation of a consumer protection statute
has the burden of proving that the statutory definition of “consumer” has been satisfied.
Collateral may change its form and character during the course of a security agreement.
Requiring buyers to purchase one product in order to get another is acceptable practice
and not a violation of the Sherman Act.
Because transfer of value is essential to a valid contract, contracts cannot arise in the
performance of personal services.
If any uncertainty exists in the interpretation of a restrictive covenant, the covenant will
be construed strictly in favor of the free use of the land.
The greatest risk to purchasing online is providing your credit card information to the
seller.
The jurisdictional rule of reason addresses the problems that arise when a foreign
country has a significant interest in regulating conduct taking place within the United
States.
The United States Constitution provides that we have a right to be free from intrusions
by others.
The insured must comply with a number of time limitations in making a claim.
Damages in excess of actual loss, imposed for the purpose of punishing or making an
example of the defendant, are known as compensatory damages.
After the dissolution of a partnership, partners retain the authority to perform any acts
necessary to wind up the business.