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Today, approximately forty percent of private-sector wage and salary workers belong to
labor unions.
A holder in due course takes negotiable instrument free form personal defenses but not
real defenses.
An obligor can assert any defense he or she had against the assignor or the assignee.
Unilateral mistakes occur when only one party is mistaken about a material fact
regarding the subject matter of the contract.
The CAN-SPAM Act prohibits deceptive e-mail subject lines that mislead a recipient of
the contents or subject matter of the message.
In a "double net" lease, the tenant is responsible for paying rent, but not property taxes.
In most states, there are several degrees of murder.
A bailment consists of the transfer of possession of personal property without a transfer
of title.
A Chapter 13 proceeding can be initiated only through the filing of a voluntary petition
by a debtor who alleges that he or she is insolvent, and barely able to pay debts when
they come due.
The CAN-SPAM Act requires that recipients of spam be given the opportunity to opt
out and not have the spammer send e-mail to the recipient's address.
The unconditional assignment of a contract extinguishes all of the assignor's rights,
including the right to sue the obligor directly for nonperformance.
Signing someone else's name to a check is considered forgery regardless of whether
there was intent to deceive.
The Uniform Limited Liability Company Act mandates that a limited liability company
member has the right to an equal share in profits, and that such right may not be
modified.
In a share exchange, both corporations continue their separate legal existence.
When a check is certified, the certification acts as a discharge regarding the drawer's
liability on the check.
Both sales and service contracts are covered by the Article 2 of the UCC.
Title VII of the Civil Rights Act of 1964 applies to all employment agencies.
The UCC requires that lease contracts, but not sale contracts, be in writing.
Tender of delivery includes the requirement that the seller or lessor put and hold
conforming goods at the buyer's or lessee's disposition.
Apparent agency is also known as agency by estoppel.
Because the common law could not deal effectively with monopolies, the United States
Congress enacted a comprehensive system of antitrust laws to limit anticompetitive
behavior.
The U.S. Supreme Court has ruled that the Internet must be given the highest possible
level of First Amendment free-speech protection.
Parties often agree in advance to be bound by an arbitrator's decision and remedy. This
is called formal arbitration.
The UCC provides that if goods identified in a sales or lease contract are totally
destroyed without the fault of either party before the risk of loss passes to the buyer or
the lessee, the contract is voidable.
Any age below the statutory age of majority is called the period of plurality.
Proof of actual lessening of competition must be shown in order to prevent a merger in
action based on Section 7 of the Clayton Act.
Josh is having a house built and the contract specifies that the completion date is
November 23rd. If the builder doesn't complete the house until November 28th, the
builder is not liable for damages unless a "time is of the essence" clause is part of the
contractual conditions.
When a student states in a written student evaluation that her professor is boring and
uninspiring, if in fact her professor has won the professor of the year award for the past
three years, she is committing libel.
The Restatement (Second) of Contracts refers to both donee and creditor beneficiaries
as intended beneficiaries.
A customer who has a checking account and writes a check is the maker.
Corporate directors are responsible for making policy decisions and employing officers
of the corporation.
Directors and officers who intentionally act outside their authority are personally liable
for any resulting damages caused to the corporation or its shareholders.
A franchise agreement usually contains a license that grants the franchisee the right to
use certain intellectual property that is owned by the franchisor.
The term monetary damages refers to an award of money.
If an anticipatory breach of contract has occurred, the non-breaching party must wait
until performance is due to sue the repudiating party.
