Archives: Solution Manual

553 Chapter 23 International Law in a Global Economy  See Separate Lecture Outline System INTRODUCTION Before students can appreciate the nature of the international business environment, they must be familiar with the concept of international law, as well as […]

404 CASE PRINTOUTS TO ACCOMPANY BUSINESS LAW Third, the disclaimer implied that Inn Foods was working to correct the error, and would “advise” Customs as soon as Cir.2004) (where defendant received insurance document reflecting defendant’s falsification but “chose not to […]

Chapter 23 International Law in a Global Economy Case 23.1 474 F.3d 1281, 82 U.S.P.Q.2d 1495 FUJI PHOTO FILM CO., LTD., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee. 391 Jack Benun, Appellant, v. International Trade Commission, Appellee. Nos. 04-1618, 05-1274. Jan. […]

197 CHAPTER 23 INTERNATIONAL LAW IN A GLOBAL ECONOMY ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 23.1—QUESTIONS (PAGE 448) WHAT IF THE FACTS WERE DIFFERENT? Suppose that, after this decision, Jazz fully compensated Fuji for infringing sales […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 23 INTERNATIONAL LAW IN A GLOBAL ECONOMY 23-1A. Sovereign […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2. Unreasonably Dangerous Products A product is reasonably dangerous if—” • It is dangerous […]

525 Chapter 22 Warranties and Product Liability  See Separate Lecture Outline System INTRODUCTION At one time, caveat emptor (“let the buyer beware”) was the philosophy in sales contract law. This was a realistic approach when buyers and sellers were […]

CHAPTER 22: WARRANTIES AND PRODUCT LIABILITY 381 at 1246; Smith, 734 P.2d at 1054 (quoting Jackson, 673 P.2d at 365). [5] As such, strict products liability evolved to accommodate, and is driven by, public policy considerations surround- ing the relationship […]

367 Chapter 22 Warranties and Product Liability Case 22.1 198 N.E.2d 309 Priscilla D. WEBSTER v. BLUE SHIP TEA ROOM, INC. Supreme Judicial Court of Massachusetts, Suffolk. Argued April 6, 1964. Decided May 4, 1964. REARDON, Justice. This is a […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 22 WARRANTIES AND PRODUCT LIABILITY ANSWER TO CRITICAL ANALYSIS QUESTION IN THE FEATURE […]

B-92 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 22 WARRANTIES AND PRODUCT LIABILITY 22-1A. Express warranties (Chapter 22—Pages 422–423) The court granted Bungee’s motion for summary judgment. The court recognized that UCC 2–313(1)(b) provides “[a]ny description of the goods which is made […]

CHAPTER 21: PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS 513 ENHANCING YOUR LECTURE—   EVERY DAY COUNTS   The term reasonable appears throughout the UCC. With respect to the right of rejection, the UCC provides that the […]

499 Chapter 21 Performance and Breach of Sales and Lease Contracts  See Separate Lecture Outline System INTRODUCTION This chapter considers the general requirement of good faith and the basic performance obligations of a buyer and seller under a sales […]

Chapter 21 Performance and Breach of Sales and Lease Contracts Case 21.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. 359 Supreme Court, Special Term, Chemung […]

181 CHAPTER 21 PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 21.1—QUESTION (PAGE 404) WHAT IF THE FACTS WERE DIFFERENT? Suppose that the court had ruled in the plaintiff’s favor. […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 21 PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS […]

CHAPTER 20: TITLE, RISK, AND INSURABLE INTEREST 489  ANSWER TO VIDEO QUESTION LTR. B  Does Oscar have a right to refuse the shipment because the lettuce is not organic butter crunch lettuce? Why or why not? Yes, Oscar […]

477 Chapter 20 Title, Risk, and Insurable Interest  See Separate Lecture Outline System INTRODUCTION Before the Uniform Commercial Code (UCC), title was a central concept in sales law. The party who had title bore the risk of a loss […]

344 Chapter 20 Title, Risk, and Insurable Interest Case 20.1 283 Conn. 65, 925 A.2d 1048 Supreme Court of Connecticut. Kerstin LINDHOLM v. Peter M. BRANT et al. No. 17729. Argued Nov. 29, 2006. Decided July 3, 2007. SULLIVAN, J. […]

171 CHAPTER 20 TITLE, RISK, AND INSURABLE INTEREST ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 20.1—QUESTIONS (PAGE 389) THE ETHICAL DIMENSION How did the “usual and customary” methods of dealing in the art business help Malmberg deceive […]

B-83 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 20 TITLE, RISK, AND INSURABLE INTEREST 20-1A. Risk of loss (Chapter 20—Page 396) The court relied on UCC 2–501(1), which states, “Where tender or delivery of goods so fails to conform to the contract […]

CHAPTER 19: THE FORMATION OF SALES AND LEASE CONTRACTS 467 buying the additional quantity rather than “leading Cloud down the primrose path.” FOR CRITICAL ANALYSIS How might the parties to a sales contract prevent their subsequent e-mail communications from waiving […]

453 Chapter 19 The Formation of Sales and Lease Contracts  See Separate Lecture Outline System INTRODUCTION The Uniform Commercial Code (UCC) is probably the most important piece of commercial legislation in the history of the United States. The drafters […]

Chapter 19 The Formation of Sales and Lease Contracts Case 19.1 379 Ill.App.3d 381, 883 N.E.2d 711, 318 Ill.Dec. 480, 65 UCC Rep.Serv.2d 116 Appellate Court of Illinois,Fourth District. Gene JANNUSCH and Martha Jannusch, Plaintiffs-Appellants, v. Lindsey NAFFZIGER and Louann […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 19 THE FORMATION OF SALES AND LEASE CONTRACTS ANSWERS TO QUESTIONS AT THE […]

B-79 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 19 THE FORMATION OF SALES AND LEASE CONTRACTS 19-1A. Goods versus services (Chapter 19—Pages 359–360) The Supreme Court of Colorado ruled that the contract was for the sale of goods and hence fell under […]

appropriate state office. Later, the Drakes tried to sell lot 11 to a third party, but learned it had been listed on the Hances’ deed. The Hances denied any mistake. The Drakes filed a suit in a North Carolina state […]

421 Chapter 18 Breach of Contract and Remedies  See Separate Lecture Outline System INTRODUCTION This chapter is concerned with the remedies available on a breach of contract to a nonbreaching party. A breach of contract is a failure to […]

332 Chapter 18 Breach of Contract and Remedies Case 18.2 N.Y.Sup.App.Term,2010. B-Sharp Musical Productions, Inc. v. Haber — N.Y.S.2d —-, 2010 WL 597196 (N.Y.Sup.App.Term), 2010 N.Y. Slip Op. 20049 Supreme Court, Appellate Term, New York, Plaintiff and defendant James Haber […]

153 CHAPTER 18 BREACH OF CONTRACT AND REMEDIES ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 18.1—QUESTION (PAGE 337) THE E-COMMERCE DIMENSION If a Web merchant loses business due to a computer system’s failure that can be attributed […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 18 BREACH OF CONTRACT AND REMEDIES 18-1A. Mitigation of […]

412 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, TWELFTH EDITION If circumstances arise that make performance extremely difficult or costly, the contract may be discharged under the doctrine of commercial impracticability. The anticipated performance must become extremely difficult or costly. Circumstances […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 17 Performance and Discharge in Traditional and E-Contracts  See Separate Lecture Outline […]

Chapter 17 Performance and Discharge in Traditional and E-Contracts Case 17.1 129 N.E. 889 23 A.L.R. 1429 (Cite as: 230 N.Y. 239, 129 N.E. 889) JACOB & YOUNGS, Inc., v. 319 KENT. Court of Appeals of New York. Jan. 25, […]

145 CHAPTER 17 PERFORMANCE AND DISCHARGE IN TRADITIONAL AND E-CONTRACTS ANSWER TO CRITICAL ANALYSIS QUESTION IN THE FEATURE INSIGHT INTO ETHICS—CRITICAL THINKING—INSIGHT INTO THE SOCIAL ENVIRONMENT (PAGE 328) Why might those entering into contracts be worse off in the long […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 17 PERFORMANCE AND DISCHARGE IN TRADITIONAL AND E-CONTRACTS 17-1A. […]

392 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, TWELFTH EDITION THE LEGAL ISSUES Kremen sued Cohen, seeking as damages the substantial profits that Cohen had made by using the name. The court held in Kremen’s favor and awarded him millions of […]

381 Chapter 16 Third Party Rights  See Separate Lecture Outline System INTRODUCTION This chapter considers the extent to which non-contracting parties have rights in or to a contract. Because a contract represents an agreement between the parties who made […]

FN41. The Center sought renewal certificates for all three works. VI. Other Issues [24] Theatrical properties. The Appellants also challenge the District Court’s evidentiary basis for finding that Graham assigned her pre-1957 Noguchi sets to the School (as opposed to […]

Chapter 16 Third Party Rights Case 16.1 380 F.3d 624, 2004 Copr.L.Dec. P 28,863, 72 U.S.P.Q.2d 1143 United States Court of Appeals, Second Circuit. MARTHA GRAHAM SCHOOL AND DANCE FOUNDATION, INC., Plaintiff-Counterclaim- Defendant-Appellant, Ronald Protas, individually and as Trustee of […]

137 CHAPTER 16 THIRD PARTY RIGHTS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 16.1—QUESTIONS (PAGE 307) WHAT IF THE FACTS WERE DIFFERENT? Suppose that Graham had not benefited from the Center’s assumption of the duties associated with […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 16 THIRD PARTY RIGHTS 16-1A. Third party beneficiary (Chapter […]

363 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 15 The Statute of Frauds— Writing Requirement and Electronic Records  See […]

286 Chapter 15 The Statute of Frauds— Writing Requirement and Electronic Records Case 15.1 Ga.App.,2010. Salim v. Solaiman 302 Ga.App. 607, 691 S.E.2d 389, 10 FCDR 632 Court of Appeals of Georgia. SALIM v. SOLAIMAN et al. No. A09A1686. March […]

129 CHAPTER 15 THE STATUTE OF FRAUDS— WRITING REQUIREMENT AND ELECTRONIC RECORDS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 15.1—QUESTIONS (PAGE 291) 1A. Why was Salim arguing that the contract should be deemed enforceable when he was […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 15 THE STATUTE OF FRAUDS— WRITING REQUIREMENT AND ELECTRONIC […]

CHAPTER 14: MISTAKES, FRAUD, AND VOLUNTARY CONSENT 353 argued, in the alternative, that he had proved that Waldrop had intentionally deceived him into executing the deed, but the trial court apparently was not convinced for it entered a judgment for […]

341 Chapter 14 Mistakes, Fraud, and Voluntary Consent  See Separate Lecture Outline System INTRODUCTION To this point in the text, students have studied how a contract comes into existence, when a contract will not be enforced because it is […]

CHAPTER 14: MISTAKES, FRAUD, AND VOLUNTARY CONSENT 277 Kurstein would have brought approximately $2 million in commission business with him, but plaintiff’s managers at A & A would not hire him. While working for A & A, plaintiff tried to […]

Chapter 14 Mistakes, Fraud, and Voluntary Consent Case 14.1 945 A.2d 855, 2008 VT 6 Supreme Court of Vermont. Normand E. INKEL and Brandy Inkel v. PRIDE CHEVROLET-PONTIAC, INC., The Pride Motor Group, Michael Iovanna and Mark Korbac. No. 06-220. […]