Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Immanuel Kant was a German philosopher who was a proponent of utilitarian ethics.
In hopes of speeding up the approval process and making it more accurate, the Patent
and Trademark Office has begun a pilot program which allows anyone to participate in
the patent approval process.
An economic study has concluded that dram shop laws are effective in reducing
underage drinking, over-intoxicated drinkers and bar employee drunkenness.
Ernest operates an ice cream stand during the months of May, June, July, and August.
Ernest's ice cream machine is broken and needs a new part to run. He contracts to have
the part shipped to him by special carrier. Ernest emphasizes that the part needs to be
delivered by April 25 and the carrier agrees, knowing that Ernest intends to open his
stand May If the shipper fails to deliver the part on April 25, Ernest will be able to
recover consequential damages caused by the delay.
Village Bank believed that Spencer and Nadia were partners in an e-business. Spencer
and Nadia were not partners. Spencer owned the business as a sole proprietor. Nadia,
however, was a close friend of Spencer. When Spencer visited Village Bank in an effort
to obtain a $10,000 loan, Nadia went with him. During the conversation with the
banker, Spencer referred to Nadia as "my partner." Village Bank made the business loan
believing that Spencer and Nadia were partners. Spencer defaulted on the loan. Village
Bank claims that both Spencer and Nadia are liable on the loan. Will Nadia be liable on
the loan?
A later will revokes a prior will only if that revocation is clearly stated.
The plaintiff, Donald Laird has a bachelor of science degree in animal science, had
previously been employed at the university's swine research center, had managed a feed
mill, had been employed as a herdsman for Hog Breeders, Incorporated, had worked for
five years for Armour & Company at its feeder pig operations, and was a branch
manager of the Scribner Co-op, Inc. for 14 years. Laird's assistant manager while at the
Co-op was Gary Ruwe. When Laird quit the Co-op, Ruwe became the manager. Later,
Laird went to Co-op to purchase some feed ingredients for his hogs. In speaking with
Ruwe, Laird learned that the Co-op grain bin was not operating properly and therefore
the corn was not drying properly. If the corn does not dry properly, it can collect mold
and insects. Laird said he would take 1300 bushels of corn if Ruwe could pull the corn
out of the middle of the grain bin. The corn was delivered to Laird where he noticed
some damaged corn and an odor that indicated that the corn may have mold. Laird did
not reject the shipment, however. Laird then began to feed the corn to his hogs. The
boars began to develop pneumonia, began vomiting, and would not eat regularly. When
it was time for the sows to farrow, the sows had an abnormally high number of
miscarriages and stillborns. The ultimate conclusion was that the corn delivered was
tainted with vomitoxins, a toxic substance that made the corn unmarketable as feed.
Laird sued the Co-op for breach of the implied warranties of fitness for a particular
purpose and merchantability. In order to recover under the warranty of fitness for a
particular purpose what does Laird have to prove? What is the implied warranty of
merchantability? Does Laird have a successful claim with this warranty?
Andrew has been hired to do some work for Rossi Enterprises. What factors would a
court consider in determining if Andrew is an employee or an independent contractor?
Why does the designation matter?
The legal right to sue for a breach of contract is subject to a statute of limitations.
If a program is on your computer monitors your activities without your permission, you
may be able to get protection through state legislation which makes spyware illegal.
The Moores lease contains a clause allowing their landlord to raise their rent during the
course of their lease if the landlords property taxes increase on the leased premises.
This clause is unenforceable, since tenants deserve to know their rent amount is fixed
during their agreed rental time.
Alex promises to pay $100 to anyone who finds his lost watch. Kate finds and returns
the watch to Alex after hearing of the reward money. Alex and Kate have an enforceable
unilateral contract.
Weste, Inc. decided to expand by building a $50 million manufacturing facility. The
expansion is not regulated or approved by the government. Nevertheless, Weste must
prepare an environmental impact statement.
In a shipment contract, title and risk of loss pass to the buyer when the goods are
properly tendered at the destination point.
Maddie enters into a secured consumer debt transaction with Friendly Bank. When
Maddie pays the loan in full, Friendly Bank is required to file a statement indicating
that it no longer claims a secured interest in the collateral. This statement must be filed
within one month from the date the debt is fully paid.
