LGST 28812

subject Type Homework Help
subject Pages 7
subject Words 1399
subject Authors Jeffrey F. Beatty

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The FTC blocked the merger of Staples, Inc. and Office Depot because they controlled
a large percentage of the national market for office supplies.
It is unethical to use your lawyer as an excuse for a provision of a contract, such as,
"My lawyer insists that I have a liquidated damages clause...
Brett applies for a $30,000 loan to purchase a truck for his familys use. This loan is
subject to TILA disclosure requirements.
Peggy Lou filed a lawsuit against "We Fix 'Em Rite," an auto body shop, for the sloppy
paint job it did on her 1998 car. Once the lawsuit was filed with the appropriate clerk of
court, Peggy Lou personally dropped a copy of the lawsuit in the mail. "We Fix 'Em"
says it never received notice of the lawsuit. Local court rules require that a lawsuit be
served by an independent process server or by the sheriff's department. Is this an
example of substantive law or procedural law? Explain the difference.
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In reality, the officers of the large corporations have a great deal of influence on who
will be nominated and elected as directors.
Most of the goods contained in a freight train (a common carrier) were destroyed when
a tornado wrecked the train. The carrier was sued for damages by all the shippers that
had merchandise on the train. Is the carrier strictly liable for the damage done to the
goods by the tornado?
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The Magnuson-Moss Warranty Act covers all consumer products regardless of their
cost.
Explain when presentment warranties apply. Identify the presentment warranties on a
check and a promissory note.
Identify some of the trends and characteristics of organized labor. For example, discuss
how the statistics compare for percentage of government vs. private sector employees
with union membership, what occupational groups and industries have the highest
percentage of unionized workers, and what regions of the country have the highest and
lowest union membership.
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Generally, either party to an agency relationship has the power to terminate it at any
time.
Erica's supervisor told her to arrange for a conference room at the Kelly Inn. Erica has
express authority to contract for the room.
There are two types of commercial paper: express and implied.
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Brooke uses her credit card to purchase a lawn mower at the local "big box hardware
store, but when she tries to use the mower for the first time, she finds it is not
self-propelled as advertised. Does she have any recourse?
Great State Bank and First Federal Bank have a security interest in TriColor's
equipment. If neither secured party is perfected, the first to sue or repossess has priority
over the collateral.
Connie and her fellow union employees went out on strike when the company refused
to meet the union's demands for higher wages and better benefits. Shortly thereafter, the
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company began hiring permanent replacement workers. After a hard eight-month strike,
the union and the company reached an agreement. When the strike was over, Connie
was upset that she was not given her job back. The replacement worker that took over
her job was retained. She believes she has a legal right to her job, especially since she
was a faithful employee for over 20 years. Is Connie right? Explain.
Sara decided to incorporate her business under the name Gomo, Inc. Before Gomo was
incorporated, Sara signed a contract in the name of Gomo, Inc. to lease a store front.
Sara did not tell the other party that Gomo was not yet formed. Sara is personally liable
on the lease.
Corporate managers serve only one master, which is the best interest of the
shareholders.
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If Chuck buys frozen cheese from Cheese Inc., then fails to inspect the cheese within a
reasonable amount of time and does not reject the shipment, Chuck has accepted the
shipment even if there is non-conformity.

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