Strict liability is one type of tort.
The contributory negligence of the client does not reduce the liability of an accountant
who is liable for malpractice.
Incapacity of the maker or drawer is a limited defense not available against a holder in
due course.
A warehouse receipt may be either negotiable or nonnegotiable.
For tax purposes, a limited liability company may be treated as a partnership.
Marble Industries hired virtually all of its employees from Union High School, which
was overwhelmingly white in its racial makeup. Accordingly, there were virtually no
nonwhite employees employed by Marble Industries. The work that these employees
performed was work that any reasonably capable high school graduate could do. When
organizations representing nonwhites questioned the policy, the personnel director
indicated that Union High School graduates were hired because they had worked
successfully for the company and because the president of the company had graduated
from that school. There was no evidence that there was any plan or intention to
discriminate against nonwhites. Discuss the possibility that this policy may violate Title
VII of the Civil Rights Act.
A fixture is personal property that has been attached to the earth or placed in a building
in such a way or under such circumstances that it has become part of the real property.
Parties to international ventures often agree to arbitrate their disputes in neutral
countries.
Louise owned a house next to Robert’s house. Robert made a contract with Midcity
Painters to paint his house. The painters arrived to paint Robert’s house, but mistakenly
painted Louise’s house. She saw the painters at work and made no comment. Later,
Midcity Painters sent Louise a bill for painting her house. She claimed that she was not
liable because she had not made any contract with them. Is this a valid defense?
Rejection of an improper tender of goods constitutes a revocation of acceptance on the
part of the buyer.
The seller’s right to cure a defective tender means that the seller will be given a second
chance to make a proper tender of conforming goods.
An express warranty arises when goods are purchased based on a catalog illustration.
Ann was seriously ill and feared that she might lapse into a coma or somehow become
unable to speak or act for herself in her medical emergency. She is aware that agents
ordinarily lose their authority to act for principals who become mentally disabled. She
nevertheless desires to have her husband Alberto make medical decisions and speak on
her behalf. She is particularly concerned about existing on life support in a persistent
and incurable vegetative state. Is there any action that she might take to enable Alberto
to act for her?
An accumulation of complaints from employees, customers, or investors can lead to
imposition of restrictive new regulations and laws.
A tenancy for years terminates at the expiration of the specified term, regardless of
whether one party gives the other any notice of termination.
General causation principles of negligence apply to the law of malpractice.
Contractual intention is determined by objective standards.
Peter is employed as a shop electrician for ABC, Inc. Peter has a car being repaired and
a home on which he is paying mortgage payments. Peter is contemplating filing for
bankruptcy, but he is not sure which type of petition to file. Peter also wonders whether
the auto repair costs and the mortgage payments are dischargeable. Which bankruptcy
filing is most appropriate for Peter? Are Peter’s debts dischargeable?
Automobile lemon laws protect only persons buying automobiles for personal, family,
or household use.