With regard to transactions between merchants, failure to repudiate a confirming letter
within ten (10) days after receipt binds the non-signing merchant, just as if he had
signed the letter or a contract.
The Equal Pay Act prohibits variation in wage rates paid to men and women based
solely on gender.
An assignment is a transfer of rights, and a delegation is a transfer of duties.
Proof of an employer’s discriminatory motive is immaterial in a disparate treatment
case.
In the case of either a check or a draft, the drawer may be held civilly liable if the
instrument is dishonored.
The fact that a tort or crime is committed by an employee imposes vicarious liability on
an employer.
A local newspaper devotes its New Year’s Day issue to people who have performed
heroically during the past year. One of the people included in the article was Janet, a
local actress. Eight months earlier, a fire started in the theater while she was in the
middle of a performance. Rather than running out, she stayed to help frightened
members of the audience get out of the theater. The New Year’s article stated that Janet
had been unable to find work as an actress because of burns to her hands and feet and
that, as a result, she owes a great deal of money. Janet sued the newspaper for invasion
of privacy. Based on what you have learned in this chapter, how should the case be
decided?
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 seller’s right to cure a defective tender means that the seller will be given a second
chance to make a proper tender of conforming goods.
If an instrument is payable to alternative payees or if it has been negotiated to
alternative indorsees, it may be indorsed and delivered by either of them.
A partner cannot make a general assignment of firm property for the benefit of creditors
unless authorized by the other partners or unless they have abandoned the business.
A corporation may exercise its power to borrow money by issuing bonds.
A method for determining total emissions in one area is referred to as the emissions
offset concept.
An ordinary gift made between two living persons is an inter vivos gift.
The attorney general of a state may bring a class action suit to recover damages for
those injured by an antitrust violation which raised prices.
A negotiable warehouse receipt states that the goods received will be delivered to the
bearer or to the order of any named person.
On January 15, 2012, Anders brought an action against Barnes for breach of a contract
for the sale of electronic parts. The breach occurred on January 10, 2008, and Anders
discovered the breach on January 20, The state statute of limitations for contract actions
is five years. Barnes raised the UCC statute of limitations as a defense to the action. Is
this defense valid?
Checks that involve amounts of more than $5,000 generally trigger the bank reporting
requirements under the USA Patriot Act.
The Clayton Act prohibits price discrimination between different buyers of like
commodities when the effect may be to substantially lessen competition.