Under the UCC, a firm offer for a sale or lease of goods made by a merchant without
consideration can be revoked at any time before acceptance.
The Revised Model Business Corporation Act gives a close corporation less
flexibilitythan other corporations in determining its rules of operation.
Employers are not required to modify their job-application and selection process so that
those with disabilities can compete for jobs with those who do not have disabilities.
The alter-ego theory is applied when a corporation is so dominated and controlled by an
individual or group that the separate identities of the person (or the group) and the
corporation are no longer distinct.
To successfully assert a design defect, a plaintiff has to show that no reasonable
alternative design was available.
An agency agreement can be implied by conduct.
Misrepresentation can occur by words or actions, but not by silence.
Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
Under a theory of market-share liability, a manufacturer sells ‘shares of its potential
strict liability and thereby spreads the risk and the cost.
Expropriation occurs when a government seizes a privatelyowned business or privately
owned goods for a proper public purpose and awards just compensation.
An occurrence or event that makes performance temporarily impossible operates to
discharge the parties contractual duties.
A negligent misrepresentation is not a basis for rescinding a contract.
A party seeking to recover in quasi contract must show that he or she acted as a
volunteer in conferring a benefit on another party.
A party who has conferred a benefit on someone else unnecessarily can invoke the
principle of quasi contract to recover the cost.
Under the principle of rights theory, one persons principles are as “right as anothers.
In some states, the courts prefer to rely on traditional notions of fraud, undue influence,
and duress rather than the concept of unconscionability.
Chase is injured in an accident while driving an off-road vehicle made by Drivers Edge,
Inc., an out-of-state corporation. Chase files a suit against Drivers Edge, alleging
negligence, and mails a summons and a copy of the complaint to the firm by certified
mail, return receipt requested. The envelope is addressed in part to “Elvin, President,
Drivers Edge, Inc. The receipt is returned with the signature of “Francine, a Drivers
Edge employee. A U.S. Postal employee later testifies that Francineusually receives
mail on Drivers Edgesbehalf. Drivers Edgedoes not respond to the suit. In a default
judgment, Chase is awarded damages of $500,000. Later, Elvin claims that he was not
notified of the suit and asks the court to set aside the judgment. What is the issue in this
set of facts? What rule applies? What should be the result on the application of the rule?
Why?