If an instrument bears a restrictive indorsement, any further transfer or negotiation is
effectively barred.
Mary offered to sell Mike several pieces of rare Chinese art at a very good price
because they were duplicates in her own collection. Mike could not accept the offer at
that time, but he did give Mary $500 in return for her promise to keep her offer open for
three (3) weeks. Mike returned with the agreed-upon balance two weeks later to find
that Mary already had sold the pieces she had offered to sell to him. Mary explained
that she had been able to get a better price from another buyer. She offered to return
Mike’s $500 and insisted that this was all she was obligated to do. Is Mary right?
Bylaws are typically adopted by the managers of a corporation.
The relationship of landlord and tenant is always created by an express contract.
Sal was at home going through his normal workout when he bent his barbell bar. Sal is
a professional bodybuilder, and this fact is obvious from his appearance. Sal went to his
local sporting-goods store and was approached by a clerk wishing to assist him. Sal told
the clerk about his problem and the clerk asked Sal to wait while an appropriate bar was
located. The clerk presented Sal with a bar that the clerk said “is just what you need for
your type of weight requirements.” Sal paid for the bar and was returning home when
he stopped at a health food restaurant. The drink that he ordered had an unusual taste,
but the food establishment refused a refund. Sal became ill from the drink, which, as it
turned out, had a toxic substance in it. Sal had to be hospitalized. When Sal was able to
work out again, he attached the weights to the new bar and lifted the bar under his chin.
The bar snapped in the middle and severely cut Sal. Sal is angry about the drink and the
barbell. What are the applicable warranties involved? Does Sal have a cause of action?
A claim of undue influence will be unsuccessful unless the contracting parties have a
close relationship of trust.
Protection for trade dress is available under the Lanham Act.
If a common carrier delivers goods to the wrong person, the carrier is liable for breach
of contract and for the tort of conversion.