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business
dynamic business law

Questions and Answers of Dynamic Business Law

Explain the difference between legal and equitable remedies.
Developer Foxwood Estates (Developer) subdivided most of its property into 38 single-family homesites, called the Foxwood Estates subdivision. The land in dispute is the remaining property, which was
Potential expert witnesses made an oral agreement with a plaintiff's attorney to testify on behalf of the plaintiff for $60,000. However, after receiving the money, the witnesses backed out of the
Prime Finish paints and finishes plastic parts. In 2004, Herbert-Jones became an independent sales representative responsible for developing sales for Prime Finish and formed Cameo to serve this
Edward Hosch entered into four loan agreements with Citicapital Commercial Corporation to finance the purchase of heavy construction equipment. Four months later, Citicapital merged into Citicorp
Oncology Tech is a manufacturer of cancer therapy devices called compensators. CMS was a company that sold cancer treatment planning software for use in purchasing cancer treatment devices. In 2006,
Plaintiff filed a petition for preliminary injunction asking the court to enjoin the sale of a 1991 Ferrari F40 to Karam Automotive Inc., as well as a complaint seeking specific performance of the
Explain the desirability to business of allowing a transfer of rights or duties to third parties.
Why is it that incidental beneficiaries cannot enforce rights under a contract? Should they be able to enforce such rights?
Integrate the concept of assignments with the concept of delegations.
Explain how the requirements of the statute of frauds under the UCC are different from those under the common law.
The plaintiff wanted to open a Victoria's Secret franchise in Puerto Rico. Defendant Domingo, a business broker, told the plaintiff that the franchise was a "done deal" if the plaintiff hired the
Plaintiff Murray-Calloway County Public Hospital Corporation (MCCH) hired Cheryl Coors and Coors Executive Resources LTD to recruit an ENT (earnose throat) doctor for an opening at the hospital.
The parties' marriage was dissolved on August 27, 2010. The parties had an agreement which the court incorporated into its judgment of dissolution. On February 11, 2015, Defendant filed a Motion to
After a collision involving Alston and Alexander, Alston was diagnosed with chest problems and prescribed a number of medications. During the time of her treatment and release the day of the
Distinguish innocent misreresentation from fraudulent misrepresentation.
Explain when a unilateral mistake can lead to rendering a contract voidable.
Explain the difference between a unilateral mistake and a mutual mistake.
The United Arab Emirates (UAE) held a competition for the architectural design of a new embassy and chancery building in Washington, D.C. Elena Sturdza, the winner of the competition, was licensed to
Washington State resident Patty Gandee entered into a debt adjustment contract with Freedom Enterprises. She subsequently sought to file a class action against them for violations of the state debt
In 2004, Ford Motor Company entered into a dealership agreement with Syrian company Ghreiwati Auto, under which the company would sell and service Fords in Syria. Ghreiwati invested over $20 million
Three salesmen worked for Sentient Jet, a small luxury airline charter service. They signed a noncompete agreement, promising not to go to work for a competing employer within a year after working
What factors determine whether a covenant not to compete is legal or illegal?
Why does it matter that a contract with a minor is for a necessary?
In December 2011, Jimenez began working for Cintas as a Fire Service Technician. She continued in this capacity until June 2012, when Cintas terminated her employment. On July 18, 2013, Jimenez filed
Charles Houser began working for appellee, 84 Lumber Company L.P. (84 Lumber), in 1985. In 1998, Houser became an outside salesman with 84 Lumber, and his compensation changed from a set salary to
Joana Perez began working for Datamark in January 2005. She received two booklets at orientation, "Non Staff Employee Handbook" and "Summary Plan Description." She did not read either one of them.
Peter and Laureen were married on February 16, 1975; they are the parents of two adult children, Amanda and Matthew. In 1996, Peter and Laureen were on the verge of seeking a divorce. Peter had not
Vincent Simmons appeals from the trial court's order awarding to his wife, Dorothy Simmons, a one-half interest in land that he inherited from his parents. Vincent contends that the land is
List the three elements of accord and satisfaction.
List and describe the three exceptions to the preexisting-duty rule.
Can $1 be adequate consideration? Why or why not?
What is required to prove promissory estoppel when consideration is missing?
List the four types of consideration described in the text.
Adwoa Gyabaah was hit by a bus owned by Rivlab Transportation Company. She retained attorney Aronsky to represent her in negotiations with the bus company, their insurance company, and their
In April 2011, Elias Groisman entered into a contract with Shabsi Pfeifer to sell three real properties to Pfeifer on the condition that Pfeifer satisfied two liens on the properties against
NDWC Investment Properties owned six properties in DeKalb County, Georgia, which were secured by fully amortized 30-year loans. At some point before the trial, NDWC entered into negotiations with
An oral agreement was made between multiple parties to put together some money and open a bar and restaurant. The men first had to create a joint company. However, one potential owner was not able to
What is the mirror-image rule?
R. J. Reynolds Tobacco Company (RJR) operated a customer rewards program, called Camel Cash, from 1991 to 2007. Under the terms of the program, RJR urged consumers to purchase Camel cigarettes, to
What is the mailbox rule?
Explain why the first question a person should ask when getting ready to analyze a contract problem is, “Is this alleged contract a contract for the sale of a good?”
Nike and Michael Jordan created the Air Jordan line in the 1980s. Jordan filed suit against a Chinese sportswear company, Qiaodan Sports, in China. Jordan is known in China as Qiaodan, and Qiaodan
Securities brokerage firm Charles Schwab filed suit against a former employee who left the company and started his own wealth management firm. Charles Schwab claimed that the names of its clients,
The plaintiff sold his photography online. He sued defendants for copyright infringement. He believed that the defendants had obtained his photos illegally and placed one of these photographs,
Fuel Clothing Company manufactures and markets apparel for the action sports industry. Fuel was founded in 1992 and has had the "Fuel" trademark on the Principal Register for clothing goods since
When William S. Thrasher died, he left a life estate in the family home to his wife, Gail Thrasher, and a remainder interest to his children, James Hall Thrasher and Sheila Reed. When Gail attempted
Explain copyright infringement.
Plaintiff withdrew $4,000 in cash from his T.D. Bank account on August 28, 2014, and proceeded to dinner at Prime restaurant. He left 36 one hundred-dollar bills in the center console of his car and
Defendant McPherson owned property adjacent to the first Presbyterian Church and wanted to build a gas station on the property. The church sued, arguing that the operation of the station would
At 2:08 a.m., on Friday, December 29, 2006, the defendant received by e-mail the Lake in the Hills police department Daily Bulletin, and it reported that Carolene Eubanks had been charged with theft
Former Major League Baseball player and radio game announcer Bob Uecker sought an injunction against Ann Ladd, alleging a six- or seven-year pattern of harassment. Ladd, who claimed to be a devoted
After a nonparty to the lawsuit allegedly told defendant that plaintiff was gay or bisexual, defendant relayed that information to a third-party defendant, a close family friend of plaintiff's
On November 11, 2011, the window of Jamie Williams's house was allegedly broken by someone who then entered through the broken window and removed several items, including a laptop computer. One day
Toby Scammel's girlfriend was briefly involved in Disney's acquisition of Marvel in 2009. Scammel bought 659 Marvel options for $5,465 in the days prior to the announcement of the acquisition. Within
John and Tahir Ramin were indicted on charges of conspiracy to commit mail fraud and conspiracy to commit bribery, among other charges. They were alleged to have bribed Army Major Christopher West to
This case involved a blue-collar worker committing a white-collar crime. Dennis Dwayne Tucker was a long-distance trucker employed by MBM Moving Systems, LLC (MBM), headquartered in Greensboro, North
From 2006 to 2008, on 17 occasions, Andrews asked friends and colleagues to loan him a total of roughly $2 million to purchase property in Indianapolis or to improve property that he owned in the
List and describe the main types of fraud committed in the business context.
Name and explain the two elements of a crime.
Identify the distinguishing features of white-collar crime.
Defendant was stopped by police inside the parking garage underneath his apartment building and subsequently arrested for operating while intoxicated. Defendant filed a motion to suppress, arguing
In 2007, the Prescription Confidentiality Law was passed in the state of Vermont. One of the key measures of the law stipulated that without a doctor's consent, any documents containing information
For more than a century, a memorial, 43-foot, Latin Cross had been present at Mount Soledad, but in 1989, the city of San Diego was sued on grounds that the presence of the cross violated the First
Members of the Old Order Groffdale Conference Mennonite Church have traditionally used horses and buggies for transportation. They began using tractors about 40 years ago, especially for hauling
The town of Gilbert, Arizona, passed an ordinance that restricted the maximum size of a sign depending upon the content of the sign. Signs advertising political candidates were allowed to be as large
How does the First Amendment protection of corporate political speech differ from the protection of corporate commercial speech?
How does the contract clause affect state regulation?
What is the purpose of the contract clause?
How can both Sue and Sam be correct when Sue claims the commerce clause increases government’s power and Sam claims the commerce clause reduces government’s power?
The county board of commissioners (the Board) entered into a memorandum of understanding (MOU) with a professional baseball team. The MOU obligated the team, among other things, to relocate to the
The Federal Food, Drug, and Cosmetic Act (FDCA) requires manufacturers to gain Food and Drug Administration (FDA) approval before marketing any brand-name or generic drug in interstate commerce. Once
Six conservation organizations filed a petition in Thurston County Superior Court, asking that court to hold, pursuant to a provision in the Administrative Procedures Act (APA), that the Washington
Petitioners (Mayo) offer residency programs to doctors who have graduated from medical school and seek additional instruction in a chosen specialty. Those programs train doctors primarily through
List the three categories of agencies.
What are the three main powers given to agencies?
What is enabling legislation?
Cleveland Construction Co, Inc., (CCI) was a general contractor building a grocery store in Houston, Texas. The company subcontracted the excavation and grading to Levco in a contract that contained
Dakota Foundry was purchasing some equipment from Tromley Industries. According to the practice of the firm, the operations manager was supposed prepare a quote on Kloster stationery, and the back of
In 2012, Janet Napolitano, U.S. Secretary of Homeland Security, released a memo outlining a policy which became known as Deferred Action for Childhood Arrivals (DACA). The policy directed relevant
Increasingly, we are seeing e-mail used in cases involving defendants located in foreign countries.Plaintiffs filed suit against four Defendants: Qingdao Sunflare New Energy Co. Skone Lighting Co.,
Plaintiff Wolfe was a New Jersey resident who owned a collection of classic automobiles, one of which was a rare Alfa Romeo 6C 3000 Competizione that was to be auctioned. In the federal District
Titan Distribution Inc. had subcontracted with a company that provided employees, but Titan later decided to hire its own employees and end the subcontracting contract. Robert Chalfant worked for the
Dragon, a speech recognition technology company considered to be “a leader in speech technology products” and valued at $600 million, was in perilous straits. Despite being valued so highly, the
Todd Russell Dolezal is a bail bondsman who was slapped with a misdemeanor, a $1000 fine, and a probationary period of 1 year for soliciting bail in violation of California Code of Regulations, title
Tyco International, a manufacturing company, sued its former CEO, Dennis Kozlowski, in regard to his receipt of unauthorized bonuses from the company profits. Among his other wrongdoings, Kozlowski
In 2000, Donald Stern incorporated a startup company named Grail in order to market a new and revolutionary chip design that Stern had invented. While witnesses expressed the view that Stern’s
How does the WH approach to ethics respond to an ethical problem?
How do business ethics and business law interact with each other?
What is the relationship between business behavior that is legal and business decisions that are ethical?
What ethical guidelines could help an American business manager working in another country decide whether she should engage in behavior that is ethical where she works but unethical in the United
Choose an area of law that fascinates you. Spend some time on the Internet searching for differences between how the United States and other countries respond to conflicts among people within that
What is the need for a special area of law for administrative agencies? Why would the law as it applies to businesses apply not just as well to administrative agencies?
This chapter distinguishes between private and public law. Why are the interests of the public identified with the behavior of the government? Why would public law not be a term referring to the
Appendix 1A provides guidance for becoming a better critical thinker. A recent Forbes poll of business leaders found that the most important skill business leaders are seeking in their employees is
Most business managers know they need to consult a lawyer when they make important business decisions. If that assumption is correct, why would a manager or entrepreneur need to have any knowledge of
Presidential elections are partially about who will be able to select Supreme Court judges. As you look at the various alternative ways to interpret and apply the law, which of those methods of
If there are different ways to interpret statutes and case decisions, would it make sense to say that all interpretations of the law are equally appropriate?

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