An offer gives the offeror the power to bind the offeree by contract.
“Without reserve” auctions give the auctioneer the right to withdraw the goods from the
sale process if the bids are not high enough.
An express warranty arises when goods are purchased based on a catalog illustration.
Generally, the EEOC attempts to remedy an unlawful practice through conciliation.
Boycotts are always illegal, even when done with good intentions.
A trademark is any word, name, symbol, device, or combination of these used to
identify a product.
Ping was the president and chairman of the board of directors of Oh Imports, Inc. Ping
was also a major shareholder. Acting as president, Ping negotiated a series of contracts
that caused the corporation serious economic losses. In this role, Ping failed to exercise
the care of a reasonably prudent person acting in similar circumstances. When
substantial economic losses began to pile up, Ping insisted that the corporation breach a
contract with Ory in favor of a larger contract that was later entered into with
Magnificent Enterprises. Ping hoped to reverse Oh’s economic fortunes through this
contract with Magnificent, but the attempt failed. Oh then became insolvent. Ultimately,
the corporation failed. Two law-suits were initiated against Ping. In the first, a creditor
of Oh who never was paid because the business failed sued Ping alleging that the
negligence of Ping had caused Oh to fail to pay the creditor what was owed. The second
lawsuit instituted by Ory claimed damages from Ping because Ping caused Oh to breach
its contract with Ory. Decide both lawsuits.
An agreement is illegal when either its formation or performance is a crime or a tort, or
it is contrary to public policy.
If a contract calls for both rendering services and supplying materials to be used in
performing the services, the contract is classified according to its dominant element.
One of our most important rights is the right of privacy.