The decisions made by the courts establish the boundaries of the law as it applies to
almost all business relationships.
Intentional discrimination by an employer against an employee is known as
disparate-treatment discrimination.
Each judge had his or her personal beliefs and philosophy, which shape the legal
reasoning process.
If a wage differential is due to any factor other than gender, then it does not violate the
Equal Pay Act.
To gain authorization for hiring a foreign worker, an employer must show that no U.S.
worker is qualified, willing, and able to take the job.
When a seller keeps the goods for pickup, if the seller is not a merchant, the risk of loss
passes to a buyer on tender of delivery.
In a criminal case, the state must prove its case by a preponderance of the evidence.
Medical Eye Clinic Corporation enters into a contract with local musician Natalie, who
agrees to perform for a meeting of Medical Eyes personnel to be held in its main office
building. Before the date of the meeting, Natalie refuses to perform, citing a
higher-paying gig. Meanwhile, Medical Eye contracts to sell the building to Optical
Center, Inc., but before the transaction is complete, Perfect Vision Company offers to
pay a higher price. Medical Eye refuses to transfer the building to Optical Center. In
separate suits by Medical Eye against Natalie and by Optical Centeragainst Medical
Eye, each plaintiff seeks specific performance. How might the court rule in each case,
and why?
Some states require the termination of a franchise when there is no “good cause for it to
continue.
When one creditor guarantees a debtors debt to another creditor to forestall litigation,
the guaranty does not need to be in writing to be enforceable.
An employers failure to remit state withholding taxes that were collected from
employee wages cannot constitute a crime.
Mucho Tacos, Inc., sells franchises. Mucho Tacosimposes on its franchisees standards
of operation and personnel training methods. What is the potential pitfall to Mucho
Tacosif it exercises too much control over its franchisees?
Most contracts need to be performed only to the satisfaction of a reasonable person
unless they expressly state otherwise.
A contract between Pacific Import Company in Seattle and Atlantic Coast Retail
Corporation in Baltimore does not expressly state which party bears the risk of loss but
says only that Pacific Import is “to ship goods at the sellers expense. At what point does
the risk of loss of the goods pass from the seller to the buyer?
Judges use proximate cause to limit the scope of a defendants liability to a subset of the
total number of potential plaintiffs that might have been harmed by the defendants
negligence.
If a contract condition is not satisfied, the obligations of the parties are suspended.
To recover for fraud, a plaintiff must be twenty-one or more years of age.
Federal law permits the sending of unsolicited commercial e-mail and does not prohibit
spamming activities.
Any breach discharges the nonbreaching party from the contract.