Discuss the three types of privileges that are defenses to defamation. How do they
differ? In what context are they used? Why do these defenses exist?
A limited partnership agreement may not provide that limited partners have the right to
vote on matters as a separate class from the general partners.
A check which was supposed to be issued to “Marie Simmes” was mistakenly made out
to “Mary Symmes.” Marie’s only option in collecting the money for the check is to have
the drawer prepare a correct check to replace the one on which her name was
misspelled.
The Restatement and Article 2 of the Code provide that, unless circumstances indicate
the contrary, a contract term that prohibits the assignment of a contract bars only the
delegation to the assignee of the assignor’s duty of performance and does not bar the
assignment of contract rights.
If Smith goes to work for Jones under an informal arrangement by which there is no
contract stating dates for beginning or ending the relationship, Brown Co. could induce
Smith to quit her job with Jones and come to work for Brown Co. and incur no liability
to Jones.
An agreement to refrain from a particular trade, profession, or business is enforceable if
two requirements are met: that it protects a property interest of the promisee and that
the restraint is no more extensive than is reasonably necessary to protect that interest.
A change in Sal’s financial condition, making it impossible for him to fulfill a
contractual obligation, would be considered objective impossibility, which would
discharge his contractual duty.
A contract may condition the duty to accept and pay for the performance of the other
party upon the approval of a third party.
X knows that Y has offered to sell wheat to Z at a certain price per bushel. Hoping to
get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the
contract. X is liable to Y for the tort of interference with contractual relations.
Identify the elements required in an action for negligence.
Under the Code, “good faith” for merchants is defined as “honesty in fact in the conduct
or transaction concerned.”
Kris, age 17, who looks 18 or older, makes a contract to buy a car from Maisie, who is
the age of majority. Maisie finds out Kris’s age. Maisie may avoid the contract even if
Kris did not misrepresent his age.
An agent who violates his fiduciary duty loses the right to compensation.
A deed is not effective to transfer title to land until delivery.
When a treaty and a right declared under a subsequent federal statute conflict, the treaty
must prevail.