Trademark dilution requires proof that consumers are likely to be confused by the
unauthorized use of a mark.
Normally, when a nonbreaching party has been damaged by a breach of contract, he or
she has a duty to mitigate those damages.
A director does not need to disclose any conflict of interest before voting on a proposed
transaction.
An innocent party may seek damages for a fraudulent contract.
Any breach of contract discharges the breaching party.
Shade Tree Landscaping Company enters into a contract with Jill to landscape Jack’s
yard, using Fertile Nursery to supply trees and bushes. Maria owns the lot next to Jack’s
property. The landscaping is a gift from Jill to Jack, who is Jill’s friend, but they are not
related. What type of beneficiary is Jack? What type of beneficiary is Maria? What type
of beneficiary is Fertile Nursery? If Shade Tree refuses to do the job, who can enforce
the contract against it?
An arbitrary use of ordinary words may not be trademarked.
General Equity Corporation enters into a contract with Honi, who agrees to create
artwork for General’s main office building. Honi delays and eventually refuses to
perform. Meanwhile, General contracts to sell the building to Ideal Investments, Inc.,
but before the transaction is complete, Jewel Funds Company offers to pay a higher
price. General refuses to transfer the building to Ideal. In separate suits by General
against Honi and by Ideal against General, each plaintiff seeks specific performance.
How might the court rule in each case, and why?
Overestimating the value of an object is a mistake for which a court will normally
provide relief.
Anyone who writes a book has copyright protection in every country in the world.
The doctrine of promissory estoppel requires a clear and definite promise.
Most limited liability company statutes have no provisions regarding members’
meetings.
False imprisonment is a legal term for “privilege to detain.”
A novation revokes and discharges a prior contract.
Scienter exists if a party makes a statement that he or she does not believe is true.
Ethical standards based on religious teachings tend to be absolute.
After a contract is made, a supervening event may make performance impossible and
discharge the contract.