Franchising is a form of licensing that now is very common in international business.
Roxy is employed as a manager at “com.com,” an Internet-based company attempting
to compete successfully in the highly competitive software development industry. Roxy
is concerned that one of her employees, Randy, is not performing at an acceptable level.
While Roxy has noticed that Randy spends considerable time using the computer at his
workstation, his productivity is lacking. Roxy suspects Randy is using the company’s
e-mail system for personal use instead of working on company business. Is Roxy
permitted to monitor Randy’s email?
An obligee’s authorization to an obligor to pay a third person is an assignment to such a
third person.
Due diligence usually consists of searching public records and inspecting the land.
State laws designed to protect the public from the sale of worthless stocks and bonds
are known as “clear sky” laws.
Ordinarily, action by shareholders has legal effect as a corporate act only if such action
is taken at a regular or special meeting of the stockholders.
When a contract may be terminated at will by either party, the statute of frauds is not
applicable because the contract may be terminated within one year.
If a lawn mower will not cut any type of grass, there is a breach of the warranty of
merchantability, even if the warranty was conspicuously disclaimed.
The tort of apprehension involves taking an image, likeness, or name for purposes of
commercial advantage.
The mere fact that an enterprise is described as a partnership is not controlling or
binding regarding its true business form.
A sale by a factor can pass title to goods from the consignor to the purchaser.
The statute of frauds applies to promises to answer for another party’s debt, but does not
apply to a promise to answer for another party’s default.
“Mental state” does not require an awareness of guilt.
A factual incapacity may exist when, because of a mental condition caused by
medication, drugs, alcohol, illness, or age, a person does not understand that a contract
is being made or understand its general nature.
An agent should never sign a contract using “by” or “per” and then his or her name.