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Questions and Answers of
Business Law
1. Was Johnson’s misrepresentation material?2. What is the appropriate remedy? Johnson’s father (and beneficiary) argued that he should pay the company the difference between the low premium of a
Reserve Supply Corp., a cooperative of 379 lumber dealers, charged that Owens-Corning Fiberglass Corp. violated the Robinson-Patman Act by selling at lower prices to Reserve’s competitors. Owens-
Did his lie affect the insurance company’s risk?
Can Goodson recover damages for emotional distress without showing any economic loss caused by American Standard’s delay in paying her claim?
What Is a Security?
1. Would a reasonable insurer have behaved as American Standard did?2. But American Standard did in the end pay all the bills in full. What is Goodson’s claim against the company?3. Are these
Was Life Partners selling a security?
Did State Farm act in bad faith in its representation of the Berglunds?
1. Why were the Jalases particularly sympathetic plaintiffs in this case (and therefore likely to win a particularly high jury verdict)?2. Why was State Farm negotiating on behalf of the Berglunds?3.
1. What was Life Partners selling?2. Was there a “common enterprise”?
1. What was the best outcome for the Berglunds?2. Given this conflict, what should State Farm have done?3. What did State Farm, in fact, do?
What difference does it make whether the policy is a security or not?
1. What happened to State Farm?2. What is the moral of this story?
What two elements are required for a security?
Did they expect to earn a profit predominantly from the efforts of LPI?
What is the conflict of interest between State Farm and the Berglunds?
Does it seem likely that most purchasers evaluated their investments ahead of time? What might an investor need to do to determine the value of the investment?
What are the requirements for Rule 506 under Reg D?
1. InterLink sold stock to hundreds of investors. Is that a violation of Rule 506?2. InterLink did not comply with Rule 506. Does that mean it definitely made a public offering?3. Did InterLink have
Did InterLink comply with Rule 506?
What penalty will InterLink and Gartner face? Under what section of the 1933 Act?
1. What is a direct public offering? 2. From the company’s perspective, what are the advantages of a DPO?3. Are there any disadvantages for the company?
Under what rules? And what is the difference?
Is there any downside to investors?
Did students think of a business idea that would pass the “Screen Test” at www.dfdpo.com/?
Did the prospectus contain material misstatements and omissions?
1. What is the plaintiffs’ allegation in this case?2. Is that language, by itself, misleading?
What else did the prospectus say to qualify the optimistic language?
1. Even with all this cautionary language, under what circumstances would the partnership be liable?2. What is the goal of a prospectus?3. Is a prospectus by definition defective if the investment
What is the scope of §10(b)? What does the term “connected with the purchase or sale of a security” mean?
1. What did Zandford do wrong?2. On what theory does he argue that his crime was not a violation of §10(b)?3. Was this a persuasive argument?
Is misappropriation a violation of §10(b)?
What argument did the Supreme Court make?
1. What does §10(b) prohibit?2. What does that statute have to do with insider trading? 3. What is wrong with insider trading?
1. What did O’Hagan do wrong?2. How did he find out this interesting information? 3. Was there anything wrong with buying Pillsbury stock?
Would it have been clearly illegal to buy Pillsbury stock if O’Hagan’s firm had represented Pillsbury?
Why is it different for O’Hagan to purchase stock in Pillsbury when he works (indirectly) for Grand Met?
What did the Supreme Court hold this time?
1. Richard Smith found out that PDA was going to report disappointing financial information. Therefore, he sold all of his stock, shorted even more shares, and suggested his parents do the same. Is
1. He claims that he did not use the inside information, that he was trading on general feel, not specific information. What difference does it make?2. Why is the SEC concerned about this case?
Can you think of an example in which the SEC might not be able to prove that an insider actually used the inside information he possessed? Consider the following examples from a newspaper article on
Is resale price maintenance a per se or rule of reason violation of the Sherman Act?
Can resale price maintenance have anti-competitive effects?
If the price agreements have an anticompetitive effect, why did the court decide they were to be judged using rule of reason instead of the per se standard?
Match the following terms with their definitions:___ A. Implied contract___ B. Mirror image rule___ C. Consideration___ D. Liquidated debt___ E. Bilateral contract1. A debt in which the amount is
TRUE/FALSE 1. To be enforceable, all contracts must be in writing.2. Abdul hires Sean to work in his store, and agrees to pay him $9 per hour. This agreement is governed by the UCC.3. If an offer
Multiple Choice Question1. Mark, a newspaper editor, walks into the newsroom and announces to a group of five reporters: “I’ll pay a $2,000 bonus to the first reporter who finds definitive
Interactive Data Corp. hired Daniel Foley as an assistant product manager at a starting salary of $18,500. Over the next six years Interactive steadily promoted Foley until he became Los Angeles
ETHICS: John Stevens owned a dilapidated apartment that he rented to James and Cora Chesney for a low rent. The Chesneys began to remodel and rehabilitate the unit. Over a four-year period, they
Arnold owned a Pontiac dealership and wanted to expand by obtaining a Buick outlet. He spoke with Patricia Roberts and other Buick executives on several occasions. He now claims that those
Tindall operated a general contracting business in Montana. He and Konitz entered into negotiations for Konitz to buy the business. The parties realized that Konitz could succeed with the business
Why do companies have employee handbooks or manual?
1. Was it right for ITT to change its employee manual?2. What legal argument is Britt raising?
What was the problem with the changes to ITT’s manual?
Were the plaintiffs claiming the new manual did not create a contract because there was no consideration?
How can ITT, or any company, change its employee manual?
Match the following terms with their definitions:___ A. Note ___ B. Check ___ C. Draft ___ D. Order paper ___ E. Bearer paper1. An instrument that is
Make an argument in support of Britt.
True and false: 1. The possessor of a piece of commercial paper always has an unconditional right to be paid.2. Three parties are involved in a draft.3. To be negotiable, bearer paper must be
Make an argument on behalf of the college.
How would you rule?
(Multiple Choice)1. In order to negotiate bearer paper, one must:A. Indorse the paperB. Indorse and deliver the paper with considerationC. Deliver the paperD. Deliver and indorse the paper2. The
In this case, Novak never agreed to the services. Isn’t one element of a contract that there must be an agreement; an offer and acceptance?
Shelby wrote the check shown below to Dana. When is it payable and for howmuch?
The court laid out some specific reasons why people like the Medical Center should be paid under these circumstances. Can you think of any nonlegal reason why the decision makes sense?
In the prior question, who are the drawer, drawee, and payee of this check?
1. In general, Article 2 of the UCC governs what kind of transactions?2. What are goods?3. The dispute here is about whether the UCC or the common law governs the trans-action. However, isn’t it
Giggle, Inc. writes a check to Computer Co. to pay for a truckload of hard drives. The next day, Giggle discovers that all the boxes on the truck are filled with bricks. The company asks its bank to
So what is the argument about?
On remand, how will a fact finder be able to determine what corporate executives were thinking at the time?
Catherine Wagner suffered serious physical injuries in an automobile accident and became acutely depressed as a result. One morning, she received a check for $17,400 in settlement of her claims
How could a large, experienced contracting company draft a letter that seemed to say contradictory things?
1. What is the difference between a note and a draft? Who are the players?2. Why are these requirements essential for negotiability?
In order for the note to be negotiable, what must it look like?
Why so many requirements?
What could the parties have done to avoid this extensive litigation?
1. Why did Chase originally agree to meet with Baer?2. Then why did Chase meet with Baer in New Jersey later that year?
Did Baer help Chase develop his idea?
Why would Baer do this if he didn’t expect to get paid?
Was it fair of Chase to use Baer in this way?
1. You are the lawyer for Morgan. What step should you take now?2. Why summary judgment?3. How should Lemming have avoided this problem?
You are now the judge. Morgan has filed his motion for summary judgment. How do you rule?
Summary judgment for Morgan means that Lemming never gets to leap in front of a jury and make his case. A jury’s job is to judge credibility. Isn’t it possible that a jury would find Lemming
If the parties had written a short, exquisitely lucid contract, what problem might still have confronted Lemming?
The Court mentions “clickwrap licensing.” What is that?
Are these types of agreement legal?
If these types of agreements are binding, why was Netscape’s clickwrap agreement found to be invalid?
1. What could Netscape have done differently?2. But didn’t the parties have a valid deal for $650,000? Diamond said, “You got yourself a deal, Greenie.” Why not enforce that much of the
In Rifle’s lawsuit, who will win?
1. But what about Rifle’s statement, “I want to play. I’m your man, Mr. Greenback”? Doesn’t that indicate a binding agreement?2. Does the court believe that the uncle did in fact benefit
Does Rifle have a claim of promissory estoppel?
What about Wyoming’s suit for 650,000 plus bonuses?
Make the most compelling possible argument for the estate.
1. What was the nephew’s detriment?2. But isn’t the nephew better off not doing those things? Why should he be paid?
Did Brodsky give valid consideration that makes Culbertson’s promise enforceable?
Was the credit bureau entitled to damages based on quasi-contract?
Did the UCC or the common law of contract govern this contract?
Had the Plaintiff’s agreed to arbitrate their claims?
Was Jones Brothers’ letter of intent a valid offer?
Was Chases’ promise definite enough to be enforced?
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