Corporate ethical policies must be clearly communicated to be effective.
Misrepresentation of an opinion is an element of fraud.
Consequential damages are awarded to cover all of the remote consequences of
whatever injury a nonbreaching party suffers.
A product is unmerchantable if an accident could arise in connection with the goods.
A stolen credit card is more likely to hurt a consumer than a merchant.
An incidental beneficiary can sue directly to enforce a promisee’s promise.
An association cannot be a partnership without an express agreement.
A justiciable controversy is a case in which the court’s decisionthe “justice” that will be
servedwill be controversial.
When the corporate privilege is abused for personal benefit, the courts will require the
owners to assume personal liability.
The degree of care to be exercised in a situation can vary with a person’s profession or
occupation.
National Drilling Company ships its only pump to American Hydraulics Corporation,
the manufacturer, for repair. National hires Overland Transport, Inc., to take the pump
to American Hydraulics and to return it to National as soon as the repair is complete.
National is forced to suspend operations without a pump, but Overland does not know
this. National expects to be without the pump for five days and to lose profits of $5,000.
When the pump is not returned by the end of the fifth day, National rents a pump at a
cost of $100 per day. Overland delays five more days before returning the pump.
National files a suit against Overland, asking for compensatory, consequential, and
punitive damages. Will National recover?
Damages are designed to punish a breaching party and deter others from similar
conduct.
An invitation to negotiate”can you afford this?”is an offer.
International copyright protection exists for computer programs as “intellectual
creations.”
A law that limits only some persons’ exercise of a fundamental right is valid under any
circumstances.