Flossy promises to pay her cousin Garth, who is dangerously obese, $10,000 if Garth
loses 100 pounds within the next two years. Garth agrees, performs his part of the bar-
gain, and asks for the money. Flossy refuses to pay, saying that she forgot about the
deal, but that even if she did make such a pledge, there was no valid consideration for
it. Garth files a suit against Flossy. In whose favor is the court likely to rule, and why?
College Copy Shop (CCS) compiles, copies, and sells reading materials to students on
the instructions of their professors, who indicate which parts of which publications
should be included. These include texts published by Deep Topics, Inc. CCS does not
obtain the permission of Deep Topics, or any of the other original publishers of the
copied materials, and does not pay royalties on the sales of the compilations. Deep
Topics and others file a suit against CCS, alleging infringement of the plaintiffs’
intellectual property rights. Which type of intellectual property is involved in this
situation? What is CCS’s likely defense? How is a court most likely to rule? Explain.
No offer can be accepted by silence.
An e-record is considered received under the UETA only if a person is aware of its
receipt.
A bargained-for exchange is one of the elements of consideration.
Expenses that are caused directly by a breach of contractsuch as those incurred to
obtain performance from another sourceare incidental damages.
Resolving whether a promise should be enforced is a function of contract law.
Rules and regulations adopted by federal administrative agencies are compiled in the
Code of Federal Regulations.
Mitch is a director and officer of Numero Uno, Inc. Mitch makes a marketing decision
that results in a dramatic decrease in profits for Numero Uno and its shareholders. The
shareholders accuse Mitch of breaching his fiduciary duty to the corporation. What is
Mitch’s best defense against this accusation? Later, a resolution comes before the
Numero Uno board to compete with One-of-a-Kind Corporation. Mitch is a director and
shareholder of One-of-a-Kind. What is Mitch’s responsibility in this situation?
A court may depart from a precedent if the precedent is no longer valid.
Arbitration that is mandated by the courts is often binding on the parties.
Most crimes must be prosecuted within a certain number of years.
A wrongful mental state is typically required for criminal liability.
Withdrawal from a partnership for a term prematurely does not constitute a breach of
the partnership agreement.
Downloading software or music into a computer’s random access memory without
authorization is copyright infringement.