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business
business law principles

Questions and Answers of Business Law Principles

Gilead is a large drug producer, with a majority of its prescription drug product sales occurring in the United States. Gilead produces anti-HIV drug therapies, including the drugs Atripla, Truvada,
Acne Medication and Gastrointestinal Injury Since 1999, Kamie Kendall had experienced ongoing abdominal pain, and she was eventually diagnosed with ulcerative colitis and irritable bowel syndrome
One critical-thinking skill is a heightened awareness of the danger of reaching a conclusion prior to acquiring missing information that were it known would have a reasonable probability of altering
What stakeholder affected by their behavior was Gilead weighting very lightly when it decided what to tell the FDA about the medicines it wished to have permission to sell?
In 2014, political consulting firm Cambridge Analytica developed an app designed to create digital profiles of individuals via their information. Cambridge Analytica collected the data by inviting
CMS is a claims processing company in Mobile, Alabama. Chastity Jones, a black woman, completed an online employment application for a customer service position with CMS. Jones interviewed with a
In 1951, DuPont began using the chemical perfluorooctanoic acid to manufacture Teflon. Due to the dangerous nature of the chemical, DuPont was given special instructions by its supplier to dispose of
James Lewis, a resident of Kentucky, sustained an injury while operating a Caterpillar bulldozer. He filed suit against Caterpillar, a company incorporated in Delaware but with its principal place of
Two residents of California filed a lawsuit against Hertz Corporation on behalf of a group of people arguing that the company’s labor practices were illegal. The corporation was labeling workers as
Petitioner Atlantic Marine Company was a contractor located in Virginia. It entered into a subcontract with J-Crew Management, Inc., a Texas corporation, that contained a forum-selection clause
Petitioner Curtis Flowers has been tried six separate times for the murder of four employees of a Mississippi furniture store. Flowers is black; three of the four victims were white. At the first two
In 2014, Air Asia Flight No. 8501 crashed in the Java Sea while flying from Indonesia to Singapore. The crash resulted in the deaths of all passengers and crew on board. The plane involved in the
In 1970, Rose Mary Knick purchased 90 acres of land in Scott Township, Lackawanna County, Pennsylvania. In 2008, another resident of Scott Township discovered documents that suggested that one of
The John Gore Organization owns and operates the Charles Playhouse, a theater in Boston, Massachusetts. Evelyn Castillo has diabetes, a disability under the Americans with Disabilities Act (ADA).
Increasingly, we are seeing email used in cases involving defendants located in foreign countries. Plaintiffs filed suit against four Defendants: Qingdao Sunflare New Energy Co., Skone Lighting Co.,
Hooters Restaurant in Myrtle Beach, South Carolina, used an alternative dispute resolution program, a program to resolve disputes outside the traditional court system. Employees of Hooters had to
When the Concepcions went to AT&T to get a phone, they were confused as to why they were paying money for the phone when it was advertised as being free.They had to pay sales tax on the full normal
Maribel Baltazar was hired by clothing retail merchandiser Forever 21 in 2007. During the hiring process, Baltazar was given an 11-page document to sign, two pages of which contained an arbitration
In 2016, a hacker tricked a Lamps Plus employee into disclosing the tax information of approximately 1,300 other employees, resulting in the filing of a fraudulent income tax return of Lamps Plus
Epic Systems is a Wisconsin health care software company. In 2014, Epic introduced a company policy that required employees to use individual arbitration in any disputes. Jacob Lewis, an Epic
On April 23, 2014, Calvin Loyer admitted his wife, Edeltrud Loyer, to a nursing home administered by Signature Healthcare. During the admissions process, Calvin signed an arbitration agreement
Andrew Reitz established a trust in 2000, naming his sons, James and John, as sole beneficiaries and himself as trustee. Upon Andrew’s death, Hal Rachal Jr., the attorney who drafted the trust,
In 2010, in an attempt to increase the number of Americans covered by health insurance and reduce the cost of health care, Congress passed the Patient Protection and Affordable Care Act. A key
Petitioner Christy Brzonkala met respondents Antonio Morrison and James Crawford at a campus party at Virginia Polytechnic Institute (Virginia Tech), where they were all students. At the party, the
According to the Supreme Court decision in Quill Corp. v. North Dakota, a state may not require a retailer with no physical presence in the state to collect and remit sales tax on sales made in the
Two conspirators, Timothy Carpenter and Timothy Sanders, were charged with aiding and abetting a robbery affecting interstate commerce and the use or carriage of a firearm. At trial, the FBI
Tennessee law imposes durational-residency requirements on persons and companies wishing to operate retail liquor stores, requiring applicants for an initial license to have resided in the state for
In 2015, the city of San Francisco enacted an ordinance that required health warnings on advertisements for certain sugar-sweetened beverages (SSBs) that read: “WARNING: Drinking beverages with
Police in Albemarle County, Virginia, were on the lookout for a stolen orange and black motorcycle that had eluded them in two previous traffic incidents. Officer David Rhodes drove past the home of
Mrs. Clark’s Foods was an Iowa company engaged in the business of distributing juice beverages. International Suntrade and Miller & Smith Foods were Canadian companies that acted as brokers
It’s Intoxicating Inc., is a Pennsylvania corporation that manufactures and distributes cosmetic products to various retailers. Maritim is a German company that owns and operates hotels throughout
The plaintiffs, Lee and Yoon, were the parents of H.L., a South Korean citizen who attended high school in Idaho as part of an exchange program. With permission from both plaintiffs and his host
Webster, Inc., dealt in automobile accessories at wholesale. Although it manufactured a few items in its own factory, among them windshield wipers, Webster purchased most of its inventory from a
By written contract, Ames agreed to build a house on Bowen’s lot for \($145,000,\) commencing within ninety days of the date of the contract. Prior to the date for beginning construction, Ames
In late 2012 or early 2013, the plaintiff, Lan England, agreed to sell 258,363 shares of stock to the defendant, Eugene Horbach, for \($2.75\) per share, for a total price of \($710,498.25.\)
Associated Builders, Inc., provided labor and materials to William M. Coggins and Benjamin W. Coggins, doing business as Ben & Bill’s Chocolate Emporium, to complete a structure on Main Street in
On February 26, 2014, William Stem purchased a used BMW from Gary Braden for \($26,600.\) Stem’s primary purpose for buying the car was to use it to drive his child to school and various
Brown contracted to buy sixty cases of Lovely Brand canned corn from Smith, a Toledo seller, at a contract price of \($1,260.\) Based on the contract, Smith selected and set aside sixty cases of
Home Indemnity, an insurance company, paid one of its insureds after the theft of his car. The car reappeared in another state and was sold to Michael Schrier for \($8,300\) by a used car dealer. The
a. Ann owed \($2,500\) to Barry for services Barry rendered to Ann. The debt was due June 30, 2015. In March 2016, the debt was still unpaid. Barry was in urgent need of ready cash and told Ann that
The Snyder Mfg. Co., being a large user of coal, entered into separate contracts with several coal companies. In each contract, it was agreed that the coal company would supply coal during the year
Ben Collins was a full professor with tenure at Wisconsin State University in 2010. In March 2010, Parsons College, in an attempt to lure Dr. Collins from Wisconsin State, offered him a written
Richard Brobston was hired by Insulation Corporation of America (ICA) in 2005. Initially, he was hired as a territory sales manager but was promoted to national account manager in 2009 and to general
Universal City Studios, Inc. (Universal) entered into a general contract with Turner Construction Company (Turner) for the construction of the Jurassic Park ride. Turner entered into a subcontract
Mark, a minor, operates a one-man automobile repair shop. Rose, having heard of Mark’s good work on other cars, takes her car to Mark’s shop for a thorough engine overhaul. Mark, while
Explain the outcome of each of the following transactions.a. On March 20, Andy Small turned seventeen years old, but he appeared to be at least twenty-one. On April 1, he moved into a rooming house
Jones, a minor, owned a 2014 automobile. She traded it to Stone for a 2015 car. Jones went on a three-week trip and found that the 2015 car was not as good as the 2014 car. She asked Stone to return
On May 7, Roy, a minor, a resident of Smithton, purchased an automobile from Royal Motors, Inc., for \($12,750\) in cash. On the same day, he bought a motor scooter from Marks, also a minor, for
On October 1, George Jones entered into a contract with Johnson Motor Company, a dealer in automobiles, to buy a car for \($10,600.\) He paid \($1,100\) down and agreed to make monthly payments
Ira, who in 2013 had been found not guilty of a criminal offense because of insanity, was released from a hospital for the criminally insane during the summer of 2014 and since that time has been a
Daniel, while under the influence of alcohol to the extent that he did not know the nature and consequences of his acts, agreed to sell his 2013 automobile to Belinda for \($13,000.\) The next
G.A.S. married his wife, S.I.S., on January 19, 1998. He began to have mental health problems in 2011; that year, he was hospitalized at the Delaware State Hospital for eight weeks. Similar illnesses
A fifteen-year-old minor was employed by Midway Toyota, Inc. On August 18, 2014, the minor, while engaged in lifting heavy objects, injured his lower back. In October 2014 he underwent surgery to
Blair orally promises Clay to sell him five crops of potatoes to be grown on Blackacre, a farm in Idaho, and Clay promises to pay a stated price for them on delivery.Is the contract enforceable?
Presti claims that he reached an oral agreement with Wilson by telephone in October to buy a horse for \($60,000.\) Presti asserts that he sent Wilson a bill of sale and a postdated check, which
Louie E. Brown worked for the Phelps Dodge Corporation under an oral contract for approximately twenty-three years. In 2015, he was suspended from work for unauthorized possession of company
Shane Quadri contacted Don Hoffman, an employee of Al J. Hoffman & Co. (Hoffman Agency), to procure car insurance. Later, Quadri’s car was stolen. Quadri contacted Hoffman, who arranged with Budget
On July 5, 2006, Richard Price signed a written employment contract as a new salesman with the Mercury Supply Company. The contract was of indefinite duration and could be terminated by either party
Escola, a waitress, was injured when a bottle of soda exploded in her hand while she was putting it into the restaurant’s cooler. The bottle came from a shipment that had remained under the counter
Barney accepted Clark’s offer to sell to him a portion of Clark’s coin collection. Clark forgot at the time of the offer and acceptance that her prized \($20.00\) gold piece was included in the
Walker leased a small lot to Keith for ten years at \($100\) a month, with a right for Keith to extend the lease for another ten-year term under the same terms except as to rent. The renewal option
Conrad Schaneman was a Russian immigrant who could neither read nor write the English language. In 2011, Conrad deeded (conveyed) a farm he owned to his eldest son, Laurence, for \($23,500,\) which
Mrs. Barnett is a seventy-three-year-old widow who has just been diagnosed with ovarian cancer. Because of the lack of adequate screening procedures for this type of cancer, Mrs. Barnett’s cancer
1. How does the Changzhou case illustrate that dumping is an unfair international trade practice? Discuss.2. Suppose that the ITC had not issued detailed findings supported by a variety of evidence,
1. Is the Court’s interpretation of Section 1610(g) consistent with the purpose of the FSIA? Explain.2. What practical lesson might be learned from the decision and result in the Rubin case?
Why is international law better suited for satellite regulation than national law?
1. Would an adverse possessor satisfy the element of “exclusive” on showing only that disputed property was not jointly possessed with the previous owner? Explain.2. Suppose that for a year
1. Suppose that Sydney Solberg had disposed of his entire estate in fee simple before his death. Would the result have been different? Discuss.2. Assuming that Ackley’s behavior was unethical, was
1. How might Merchants have phrased its debt collection letters to meet the standards of the FDCPA? Explain.2. Why does the law allow—and even encourage—limits on the liability of a business
1. A fraud injury can be measured in two ways. As a loss of the benefit of the bargain, damages consist of the difference between the value of what was promised and the value of what was received.
1. A California statute provides for the waiver of fees at state university campuses for senior citizens. What distinguishes this differential treatment from the discriminatory practice at issue in
1. In documents available to the public, TransS1 included general warnings about “the risks of regulatory scrutiny and litigation.” Did this satisfy the company’s duty to disclose its allegedly
1. Could the defendants have successfully argued that their agreement to rig bids and allocate the market for public school bus transportation was reasonable, or that it could be justified on an
Inside trading should be legalized.
What alternatives are there to crowdfunding for a start-up business?
1. Scoville argued that Adpacks were not investment contracts because there was no guarantee that buyers would receive a return on their investment. Should the court have ruled in Scoville’s favor
1. Did the STR ban adopted by the association comport with or contravene its status as a benefit corporation? Discuss.2. Suppose that instead of adopting an STR ban on its own, the association had
Sole shareholders of S corporations should not be able to avoid liability for the torts of their employees.
What type of American businesses are impacted by the CLOUD Act? What steps should these businesses take in response to the CLOUD Act?
1. What are the issues of fact that need to resolved concerning Wulf’s claim for Bravo Brio to be held liable under the doctrine of respondeat superior? Discuss.2. Why should a corporation be held
1. Could the partnership in this case have avoided the liquidation of its assets during the winding up process? Explain.2. How should the lower court, on remand, structure the sale of the
Gabriel, Harry, and Ida are members of Jeweled Watches, LLC. What are their options with respect to the management of their firm?
1. Besides the “exceptional circumstances” noted by the court in the Nesset case, in what situations might an LLC’s member or manager be personally liable for the liability of the company?
1. The trial court ruled that Wagner could have been an agent for “the business.” Why, in the view of the appellate court, did this ruling make no sense?2. Suppose that instead of Wagner, Misenar
After filing (often online) a DBA or FBN, the sole proprietor must publish the statement in a newspaper to notify the public. For the most part, online DBA notification is not available. Should it
The Fresno County Office of Education hired Aileen Rizo as a math consultant. Shehad previously worked as a middle and high school math teacher, earning about $50,000 a year. Fresno based the salary
1. Could Synovus have successfully claimed that Kassa’s short breaks created an undue hardship? Explain.2. Suppose that instead of asking to take a short break whenever he had an episode, Kassa had
1. As a defense to the citation for an OSHA violation, Packers argued that the injured employee violated the proximity rule. Was this defense relevant to the question before the court? Discuss.
1. Because of the constant harassment, Franchina had to be placed on injured-on-duty status. Later, diagnosed with severe post-traumatic stress disorder and unable to work again as a rescue
Dimka Corporation wants to build a new mall on a specific tract of land. Dimka contracts with Nadine to act as its agent in buying the property. When Nadine learns of the difference between the price
1. Normally, modification of the Association’s bylaws requires the approval of two-thirds of the unit owners. Could Makki have successfully argued that the actions of the board members who violated
1. If the appellate court had upheld the trial court’s finding that Doughty was an independent contractor, would he have been liable to Simon? Explain.2. Suppose that the accident in this case had
1. In determining whether a debtor’s failure to keep adequate records was justified, the Bankruptcy Code requires a determination based on all the circumstances of the case. What factors might a
1. What might Lewis have done to avoid the result in this case? Discuss.2. Suppose that Lewis had already been reimbursed for the two vehicles that had been sold, and Whitney sought to obtain the
Why is consumer consent so important to the open banking model?
1. Horton claimed that she had not agreed to the conversion of the account or to the withdrawal of the funds. These contentions did not affect the court’s decision. Why not?2. Why does the UCC
1. On what fact might a court base a decision that the EFTA does not apply in Binns’s situation?2. Suppose that Binns had charged the bank with violations of Article 3 of the UCC, which governs
The Electronic Fund Transfer Act (EFTA)b is a federal law that protects consumers who transfer funds electronically. Among other safeguards, EFTA limits the liability that results from a lost or
Suppose that the note in this case had stated, “The terms of the mortgage are by this reference made a part hereof.” Would the result have been different?
1. What advantage does an acceleration clause in a note provide to a creditor?2. Why would an investor accept a mortgage note on which the maker has already defaulted? Discuss.

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