Manuel applied for a variance from the local zoning ordinance in order to build a
building. His neighbor, Sandra, appeared before the zoning board to speak in opposition
to the application. At the hearing, Sandra testified under oath and made several
untruthful statements regarding Manuel’s character which she believed, but which were
not correct. The variance was denied. Manuel is now considering a lawsuit against
Sandra for slander. Does Manuel have a valid cause of action against Sandra? Explain.
What are the elements that he must prove to win a case of slander? What defenses can
Sandra raise to the action?
The court in the case of Alpert v. 28 Williams St.Corp. found that causing the removal
of minority shareholders through a freeze-out merger is justified if the action advances
a general corporate interest.
Distinguish between procedural and substantive unconscionability.
Only the board of directors may approve fundamental changes in the corporation.
D owes C a past-due undisputed debt of $500. D sees C in a bar and pays him $400. C
then says to D, “Forget about the other $100 you owe me. I’m glad to get the $400.” C’s
promise to discharge the remainder of the debt is binding.
A buyer who sells rejected goods on behalf of the seller is entitled to reasonable
expenses and a reasonable selling commission not to exceed ten percent of the gross
proceeds.
The burden of proof in a criminal case is preponderance of the evidence.
The Sarbanes-Oxley Act requires either the chief executive officer or the chief financial
officer of a company issuing securities to certify information in the issuer’s annual and
quarterly reports.
An unauthorized alteration of any of the material terms in a written contract discharges
the entire contract.
Compare the adjudication process in an administrative hearing to the judicial process.
What takes place at an administrative hearing in contrast to what takes place at a trial in
court?