No federal court has held that digitally sampling a copyrighted sound recording of any
length constitutes copyright infringement.
Federal wiretapping law covers electronic forms of communication.
Oral evidence of the modification of a contract after its making can be introduced at a
trial.
A limited liability company can be taxed as a partnership.
If a minor can return only damaged goods, the minor cannot disaffirm the contract and
obtain a full refund of the purchase price.
For most crimes, the state must initiate prosecution within a certain number of years
after the crime occurs.
A seller with voidable title has the power to transfer good title to a good faith purchaser
for value.
When a buyer breaches a contract, the risk of loss remains with the seller.
Statements of fact made during the bargaining process are express warranties.
Employers can avoid liability for employment discrimination on the basis of
after-acquired evidence of an employees misconduct.
Expressionoral, written, or symbolized by conductis not subject to restrictions.
Sebastian was the manager of Thai Bistro, a restaurant specializing in Southeast Asian
foods. Sebastian opened a bank account in Thai Bistrosname, signing the account
signature card as “owner. Umeko, who was often at Thai Bistroand had free access to its
office, told others that she was “an owner and “a partner. She also opened a bank
account in Thai Bistrosname, and signed the account signature card as “owner.
Sebastian told Vijay, the owner of Wong Noodles, Inc., that Umeko was a member of a
partnership that owned Thai Bistro. On this basis, Wong Noodlesdelivered its goods to
Thai Bistroon credit. In reality, Thai Bistrowas actually owned by a corporation. When
the unpaid account totaled more than $10,000, Wong Noodlesfiled a suit against
Umekoto collect. On what basis might Umekobe liable for the debt?
An offer must be practical to be effective.
Express warranties always displace inconsistent implied warranties with no exception.
Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer
and deter others from similar wrongdoing.
Devoting time, energy, and skill to partnership business is a partners duty and is nota
compensable service.
Merchants are absolute insurers against all accidents arising in connection with the
goods.
Dennis is a promoter for the soon-to-be-incorporated firm of eBroadcast Sports, Inc.
Dennis signs a contract with Fitz &Geraldo, Accountants, to render their services before
eBroadcast Sportsis incorporated and for one year after the incorporation. eBroadcast
Sportsis incorporated. Three months later, after Fitz &Geraldohas continued performing
under the contract, the eBroadcast Sportsboard of directors tells the accountants that it
is canceling their contract. Fitz & Geraldofiles a suit against Dennis and eBroadcast
Sports, alleging breach of contract. Will Fitz & Geraldoprevail?