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business
business law principles

Questions and Answers of Business Law Principles

On July 1, Roger Walsh, a sole proprietor operating a grocery, was involuntarily petitioned into bankruptcy by his creditors. At that time, and for at least 90 days prior to that time, Walsh was
1. What was the timing issue with the lien on the Honda?2. Why does the court conclude that the lien is not a voidable preference?On July 3, 2013, Scott and Nicole Conklin (Debtors) entered into a
1. Explain what Gomery failed to disclose in his bankruptcy filings and why he filed for bankruptcy.2. List and discuss the reasons the court finds a lack of good faith on Gomery’s part.Topous
1. What was the basis for Koontz arguing that there was a breach of the peace?2. Did Chrysler have a right to repossess the car?3. What determines the rights of the parties after default?4. How did
1. How did Magish manage to get a clean title?2. Was this a sale in the ordinary course of business? Why or why not?3. What advice would you give to someone buying a vehicle through Craigslist?In May
1. What was odd about the Tolbert purchase of the Corvette?2. What is the impact of the court’s decision on Tolbert? Does he end up paying twice for the car?3. What lessons do you learn from this
1. What did the bank do to the debtor’s account?2. What would happen if banks were permitted to take proceeds deposited by creditors into their accounts?3. Who has priority in the funds, the bank
1. Explain the mistakes Wells Fargo made in its financing statements.2. What does the court explain is the standard for determining whether a financing statement is sufficient for perfection?3. What
1. If the coins are not classified as “goods,” what happens to the creditors’ rights?2. What is the standard for determining when coins are goods?On April 18, 2006, James W. Lull entered into a
1. What does the court find about bringing a series of documents together for purposes of creating a security agreement?2. What ultimately does the court find that is fatal to the creation of a
Alpha University has an arrangement with Axis Credit Card Company to collect 1 percent on all credit card charges made by students who obtain their cards through booths on the Alpha campus. Do any
List three areas in consumer credit cards affected by the CARD Act.
1. What could and should BGC do differently?2. What would be Smith’s damages in a case such as this?On September 11, 2012, Tony Smith (plaintiff) applied for a job as a truck driver with Dart
1. What are the limitations of the studies on which Pfizer relied?2. Why are mouthwash and floss competitors?3. Describe the standards the court uses for stopping a misleading or false ad.In June
1. Explain what happened to the Laughlins in the loan modification process.2. How does the loan modification fall under the consumer protection statute that applies to contracts?Robert and Sheryl
1. Explain why the independence principle was critical in the decision in this case.2. What advice would you offer parties in terms of drafting a letter of credit?3. What is the effect of a
1. What is the bank’s position of what the guarantors waived by their agreement with the bank to build out the project?2. What defenses does a guarantor never waive?3. Will the guarantors have to
1. What was the agreement-to-pay relationship? Who was involved? Who was to be paid?2. Explain why Izmirlian ends up paying his ex-wife’s lawyer’s fees when he did not make the agreement.3. What
1. Determine who is the drawee, the drawer, and the third party in the court’s discussion.2. What public policy issues is the court balancing?3. What would happen if nonbank third parties were held
1. What does this case teach you about the importance of the terms and handbook that banks give to their customers?2. What is the effect of the 90-day notice on the Aliaga check?Aliaga Medical Center
1. When was there a dishonor of the check? What is the significance of that time?2. Why does the dissenting judge disagree with the majority’s decision?3. What do you learn about cautions that
1. Why does holder-in-due-course status not afford State Bank protection?2. Does the phone call from State Bank to Chase about the check provide it with protection?3. List the lessons you learn about
1. Why is the fake Rolex not an issue in determining HDC status?2. What is the dissent’s concern about the decision?On September 23, 2011, Houston Gold Exchange issued a $3,500 check as payor to
1. Why are there so many cases cited in which Triffin is a party?2. Why is it important to know whether JCNB is a holder in due course?3. What effect does the postdate on the check have on the
1. Does suspicion cause a holder to lose holderin- due-course status?2. What is the impact of the phone call and verification being sought?Regent served as a settlement agent for closing real estate
1. What is different about this situation and the fictitious payee exception?2. Evaluate this statement, “UCC Article 3 does not provide protection for checks written to bad fund managers.” Is it
1. What is the difference between a drawer action against a bank and a payee action?2. Why is SBU liable when it did in fact deposit the checks?3. What should SBU do in the future?B.D.G.S., Inc., a
1. What is the difference between a forged indorsement and a missing indorsement in terms of the liability of the parties?2. What advice would you give to those who cash checks from contractors to
1. Why did Ring need to have the check delivered to the town within a certain time frame?2. Was the signature of the issuer enough for the transfer of the check?3. Was the check indorsed and payment
1. If U.S. Bank was not the note holder, what would happen to the foreclosure/power of sale processes on the properties of those who are in default?2. What was required for negotiation of the Emmons
A note from Mark Johnson with HealthCo International as payee for $28,979.15 included the following language: [p]ayable in _________, Successive Monthly Installments of $ Each, and in 11
Is the following instrument negotiable? I, Richard Bell, hereby promise to pay to the order of Lorry Motors Ten Thousand Dollars ($10,000) upon the receipt of the final distribution from the
1. What type of instrument was the check when Herrera found it?2. What type of instrument was the check when Herrera added his name to the “Pay to” line?3. Could Herrera be charged with
1. What was the problem with the words of negotiability?2. What was the difference for Whitaker and Fletcher if there was negotiability vs. not having negotiability?3. What advice would you give to
1. Does “when you can” mean that the instrument is payable on demand?2. How does the requirement of looking at the debtor’s circumstances affect negotiability?3. What language could have made
1. The concept of imposing liability on the employer for the fault of an employee is known as vicarious liability. When may an employer be vicariously liable under Title VII for an employee’s
1. What was the question before the Supreme Court?2. What was the objective of Congress in the enactment of Title VII?3. Would the Court order the case against the employer to be dismissed if it
1. How did the court respond to SeaWorld’s position that killer whales are not recognized hazards because of the employer’s training and safety program?2. Did the court decide that the assumption
1. Did Wachovia offer Serricchio reemployment at terms comparable to the terms of his employment before going on military leave?2. Did the court determine that Wachovia acted willfully and thus was
1. According to the General Counsel, why was Santillo fired by his employer?2. According to the company, why was Santillo fired?3. Did the Supreme Court find that the Board was justified in
1. Did the policies and procedures set forth in the employee handbook provide legally enforceable rights for the covered employees working under the handbook rules?2. What are the primary sources of
1. Is it illegal under state law for an employer to retaliate against an employee for calling the state Health Department about an unsafe or unsanitary kitchen condition?2. What is a pretext? How did
Leo Bongers died intestate. Alfred Bongers and Delores Kuhl, Leo’s nephew and niece, were appointed personal representatives of his estate. Leo left more than 120 antique cars, trucks, and
1. Is the owner liable for harm caused to a third person by the negligence of the employees of an independent contractor when the owner retains control over the performance of the work that has given
1. Was there respondeat superior liability in this case?2. Should National have reasonably known about Livigni’s violence-related problems? If so, did it act negligently in retaining him as an
1. Briefly explain the concept of “vicarious liability” using the facts of this case.2. What rationale for the doctrine of respondeat superior can be gleaned from the decision in the case?3.
Appraise the correctness of the following statement:“Apparent authority comes from the actions of a principal, not the statements of an individual who claims to be an agent.”Recovery Express and
Anderson Development Co. (ADC) manufactures organic materials at its plant in Adrian, Michigan. The Environmental Protection Agency (EPA) sent ADC a formal notification that it was considered a
1. Did Mike McDonald have the title “territory manager” and have actual authority to visit job sites and resolve problems?2. Did Mike McDonald have actual authority to provide a purchaser with a
1. State the rule of law applicable to third persons dealing with representatives of the U.S. government. Does an apparent authority rule bind the government? May the government “disavow” the
1. What defense did Patricia Walton raise in the lawsuit against her by the nursing home for payment of her mother’s nursing home bills?2. How did the court decide this case?3. Speculate on why the
1. Did Mosionzhnik reserve the right to engage in private art transactions for her own personal benefit under paragraph 6(c) of the Shareholders Agreement thus allowing her to keep the $500,000 Swiss
1. Can an attorney in fact convey property to herself based on consideration of services rendered to the principal?2. Can an attorney in fact sell a principal’s property to obtain funds to pay an
1. Did Mr. Steen have an obligation to disclose to ICG that he was acting in a representative capacity as an agent for TN Sports, LLC, his principal?2. Would Mr. Steen be correct in asserting that,
1. If the customer signed and said that the fruit was fine, how does Frye end up being responsible for the damaged goods?2. What is the significance of the temperature tale in shipping contracts?3.
1. Was Verduzco’s noncompete covenant enforceable in the U.S. District Court?2. Was Senn’s restrictive covenant enforceable by the court?3. Did Genex meet its burden of proof in seeking to
1. Assess the quality of Dr. Bithoney’s decision to sell his house in New York and move to Atlanta without a properly executed employment agreement.2. Why was the severance agreement subject to the
1. Did the parties have a fully integrated written contract concerning the loan of $80,000 and the promissory note?2. Can a contemporaneous oral agreement that “it was understood and agreed that a
1. State DHL’s position regarding its contractual obligations to CI’s successor upon ceasing its U.S. domestic operations.2. State the Cyphermint view of what was owed to it under the contract
1. State the defendants’ position on appeal.2. Did the trial court improperly revise the written contract of the parties by implying terms not contained in the written agreement?The Holguins
1. Was Sagarnara an intended third party beneficiary under Dr. Garcia’s life insurance policy giving her standing to sue the insurer?2. Did Prudential Insurance Co. violate Dr. Garcia’s life
1. When Winters entered a contract with the Emersons to install a new roof, did he have an implied obligation to perform the service skillfully, carefully, diligently, and in a workmanlike manner?2.
1. What are the elements of an “accord and satisfaction”?2. Was there a shared mutual intent to compromise the claims between the parties?3. Is it fair to expect an office manager to know that by
1. How did NBCUniversal respond to Montz and Smoller’s (RPI’s) lawsuit for breach of contract?2. Were the RPIs correct in their assertion that they were entitled to delayed accrual of their
1. What facts did Hartland rely on to assert the anticipatory repudiation of the contract?2. What is the measure of damages for a breach of a construction contract? Calculate what is owed Hartland
1. Evaluate the Heymanns’ decision to rely on the “major defects” clause to attempt to void their contract to purchase the condominium.2. State the two rules of law applied by the court in the
1. Why did the trial judge refuse to grant rescission?2. Generally when is the equitable remedy of rescission warranted in a contract dispute?3. Did the appeals court determine that the breach of
1. Does state law allow parents to make informed decisions to waive their children’s prospective negligence claims in exculpatory agreements?2. Was Hamill’s mother sufficiently informed about the
1. State the “older rule” regarding a donor’s right to the return of an engagement ring.2. What is the “modern trend” regarding return of engagement rings or their value to the donor after
1. On what basis did the estate of Elvis Presley claim the unrefunded ticket proceeds and interest?2. Present the state’s legal position before the court.3. Did the court think the intent of the
1. A bailment is created upon delivery of possession of personal property and the acceptance of the delivery. Did a bailment occur in this case? Explain, identifying the status of the individuals
1. What type of bailment was created when Gilchrist took possession of Hadfield’s car? Why is a determination about the type of bailment important?2. Explain the burden of proof applicable in this
1. State the issue in this case.2. Can one trucking company engage in both common and contract carriage? What distinguishes a common motor carrier from a contract motor carrier?3. Did the ICCTA
1. Did Tronosjet declare the value of the cargo of three crates of landing gear in the “SPECIAL AGREEMENT” box of the BOL?2. Did the trucking firm have an obligation under the ICC Termination Act
1. Did the innkeeper post a notice in the guests’ room, in a conspicuous manner, of the availability of safety deposit boxes for valuables?2. What is the effect of an innkeeper’s failure to post
1. List the factors that the court examined to determine UCC vs. common law.2. Why does the court answer the UCC application question first before dealing with the contract dispute?Accessory Overhaul
1. Why is it important to determine whether the contract involved a sale or lease of goods?2. Is the indemnification clause material?3. Would it be important to know if SVC is a merchant?
1. Why was the contract required to be in writing?2. Did the contract comply with the statute of frauds?3. Does a writing that does not comply with the statute of frauds make the alleged contract
1. What does this case teach us about our responsibilities when we receive a confirmation memo?2. Explain the agency question and what works in favor of the memo being valid.Brooks Peanut is a peanut
1. Explain how these situations arise in business based on what happened in this case.2. Offer some ideas on what those involved in purchasing should be doing when ordering goods from
A subcontractor agreed to remove and dispose of cabinets from a public housing project. When a dispute arose, one party argued that the UCC applied, and the other argued that it was the common law
1. What lessons should boat buyers learn from this case?2. What lessons should lenders learn about the security for their loans?3. What effect does the change in the identification number have on the
1. How could King have avoided paying the seller and having damaged statues?2. What important principles does the case set out for interstate shipments?3. Does it make any difference that the artwork
CVS Pharmacy, Inc., entered into a contract with Dan Cake, a company in Portugal, for Dan Cake to ship tins of cookies for sale at CVS pharmacies. The cookies were originally supposed to be delivered
Develop a chart for when a seller’s creditors can repossess goods in transit to a buyer.
1. Explain what claims the court sees as a basis for warranty claims.2. Why does the disclaimer about the beer’s production source not apply?Anheuser–Busch Companies, LLC (defendant or AB), is
1. What is the difference between a core description express warranty and other types of express warranty?2. Why was the disclaimer in the auction materials ineffective?3. What lessons should those
1. What does a plaintiff need to establish in order to prove a breach of warranty of merchantability on a smart phone?2. Does Samsung’s knowledge of the problem result in a breach of warranty?Amy
1. Explain the differences between the foreign-natural test and the reasonable expectations test.2. Describe what this court sees as the issues the jury must determine.Stanley Pinkham consumed a hot
1. Explain the theory of the plaintiffs’ expert as to how the paper shredder was defective.2. What is the impact of the evidence that no one is really sure how Madalyn’s hand got into the
John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with
1. What point does the court make about the level of defects in the product?2. Can a party to a contract use the right to demand assurances after the party is already in breach?3. What additional
1. Why was the months-long delay important to the court in deciding whether there was revocation of acceptance?2. Why was the rejection of the bag-tying portion of the machine important to the
1. When would Smith have had to notify Atwell to properly revoke acceptance?2. What does the case teach you about the obligation to inspect? To notify?This case arises from the sale of a rare 1965
1. List the mistakes the parties made in their compliance with UCC requirements for performance.2. Which party should have demanded assurances and when?3. Will Magic Valley be able to recover damages
1. What effect does the maintenance shut-down have on the impracticability defense?2. When BRC did not get confirmation of delivery, was there a breach?3. What does the court discuss about
1. Explain what happened mathematically with the damages.2. Why is reselling above the contract price not a sufficient remedy?James Bowen and Richard Cagle (appellants), doing business as B & C
1. What is the difference in the majority and dissenting opinions on revocation of acceptance?2. Explain how the judges agree on the remedy.On March 4, 2011, Lola Castro (of Lodge Grass, Montana)
1. What is the significance of the conversion argument that Nutsco makes? Does it work?2. What are Schutzman’s damages?Schutzman sells roasted and salted nuts. Nutsco is a New Jersey wholesaler of
1. Why is there no breach of warranty?2. What breach of contract occurred?3. Were the terms conspicuous enough to be part of the contract? Explain why.General Mills Operations, LLC, purchased “Big

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