The ADA provides for remedies that are generally the same as those available under
Title VII.
In the case of Eastman Kodak Co. v. Image Technical Services, Inc. the U.S. Supreme
Court stated that to violate Section 2 of the Sherman Act, Kodak would have to possess
monopoly power in the relevant market and willfully acquire or maintain that power, as
distinguished from growing or developing as a consequence of a superior product,
business acumen, or historic accident.
The “perfect tender rule” provides that only substantial deviations from the promised
performance in a sales contract under the Code constitute a material breach and
discharge the aggrieved party from the duty of performance.
The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit
Systems Protection Board and the U.S. Court of Veterans Appeals.
Jack is a trucker who makes his living moving modular homes. This is a dangerous
business in that the portions of the houses, when on the truck, are wider than the road
lanes. Also, Jack frequently has to travel much more slowly than the other vehicles on
the road. One day Jack, on his way to Atlanta with a modular home in tow, found
himself approaching two trucks coming from the opposite direction with the words
“High Museum Exhibits” on the truck panels. When Jack swerves to avoid a bicyclist,
the High Museum truck runs off the road and tumbles down an embankment. No one is
harmed, but the painting exhibit being transported is damaged. Discuss the various
theories of liability that might be applied here and why they would be appropriate.
A corporation in the business of developing genetically engineered pharmaceutical
products has developed a new genetically engineered microorganism that it would like
to protect. The corporation may patent the microorganism.
The Code’s firm offer rule applies only to offers in writing that are made by a merchant
offeror.
Article 2A authorizes liquidated damages payable by either party for default or any
other act or omission expressed in the contract.
A corporation is considered to be a person within the meaning of the Fifth Amendment
protection against self-incrimination.
Jeremy Bentham was a proponent of utilitarianism.