Congress can only pass legislation that falls within the limits set up by the U.S.
Constitution.
Tropical Vittles, LLC, hires Sophie to act as its agent to buy a ten-acre tract of land
from Rico for $1,000 per acre. Tropical Vittles does not want Rico to know that it is the
principal or that Sophie is its agent. Tropical Vittles wants the land for a new fast-food
restaurant, and believes that Rico may not sell the land for that purpose or may demand
a premium price. Sophie makes the purchase, signing only her name to the contract as
the buyer and not disclosing to Rico the agency relationship. The transfer of the deed is
to occur on May 1. Rico learns of Tropical Vittles’s identity on April 15. Can Rico
legally refuse to deed the property on May 1? Explain.
An offer may invite an acceptance to be worded in such specific terms that the contract
is made definite.
A contract lacking a quantity term, when appropriate, may not be enforceable.
Quik Results, Inc., a Maine corporation, makes and sells Power Up!, a weight-gain and
muscle-building supplement. Orin, a citizen of New York, sees an ad for Power Up! in
WorkOut magazine and buys it in New York City at a local health club. Within ten days
of beginning to use Power Up!, Orin suffers internal injuries. Alleging that the injuries
are caused by Power Up!, Orin files a suit against Quik in a New York state court. Quik
asks the court to dismiss the suit on the ground that it does not have personal
jurisdiction over Quik. What is the court most likely to rule and why?
An unauthorized scan of a bank account can be an invasion of privacy.
A business takes a risk by electronically storing its customers’ credit account numbers.
A party who knowingly accepts defective performance of a contract waives the breach.
All agency relationships are based on contract.
Causation in fact exists if an injury would not have occurred without the defendant’s
act.
Under a destination contract, a seller must deliver the goods via a carrier.
To have standing to sue, a party must have been injured or have been threatened with
injury by the action about which he or she is complaining.
Frances has lived in an apartment for ten years when she decides to buy a house. Her
one-year lease will end on May 1. On April 15, she orally contracts to buy Smith’s
house for $100,000, with the closing (transfer of the deed) to take place on June1.
Smith’s lawyer, who is out of town on vacation, is to draft a written contract of sale on
his return to his office on May 15. Because Frances’s lease is terminating, Smith agrees
to let her take possession of the house on May 1 if Frances gives him a “down payment”
on the house of $5,000. Frances agrees and gives Smith the $5,000. She moves into the
house on May 2, and the following weekend plants trees in the back yard. On May 10,
Smith receives a written offer from Green to buy Smith’s house for $120,000. Smith
accepts Green’s offer, asks Frances to move out of the house, and tries to return the
$5,000 to Frances. Frances claims that she has an enforceable contract to buy the house.
Smith claims that any such contract must be in writing to be enforceable under the
Statute of Frauds. Who is correct and why?
Whether a law is constitutional depends on its source.
No special form is required to create a delegation of duties.
The liability of the members of a limited liability company is limited to the amount of
their investments.
Under the Statute of Frauds, all written contracts are enforceable.
Negotiation traditionally involves just the parties to a dispute without their attorneys.
Venue is the term for the subject matter of a case.
A partner who pursues his or her own interests automatically violates the partner’s
fiduciary duties to the partnership.