Questions and Answers of Introduction to Business Law

In what types of situations might voluntary consent to a contract’s terms be lacking?AppendixLO1
What is the difference between a mistake of value or quality and a mistake of fact?AppendixLO1
What are the elements of fraudulent misrepresentation?AppendixLO1
What contracts must be in writing to be enforceable?AppendixLO1
What is parol evidence? When is it admissible to clarify the terms of a written contract?AppendixLO1
Voluntary Consent. Jerome is an elderly man who lives with his nephew, Philip. Jerome is totally dependent on Philip’s support.Philip tells Jerome that unless Jerome transfers a tract of land he
Hypothetical Question with Sample Answer Gemma promises a local hardware store that she will pay for a lawn mower that her brother is purchasing on credit if the brother fails to pay the debt. Must
Fraudulent Misrepresentation. Larry offered to sell Stanley his car and told Stanley that the car had been driven only 25,000 miles and had never been in an accident. Stanley hired Cohen, a mechanic,
Oral Contracts. Jason Novell, doing business as Novell Associates, hired Barbara Meade as an independent contractor in March 2007. The parties orally agreed on the terms of employment, including
The Parol Evidence Rule. Carlin Krieg owned a dairy farm in St. Joe, Indiana, that was appraised at $154,000 in December 1997. In August 1999, Krieg told Donald Hieber that he intended to sell the
Contract for a Sale of Goods. Milton Blankenship agreed in writing to buy 15 acres of Ella Mae Henry’s junkyard property for $15,000 per acre with a ten-year option to buy the remaining 28.32
Case Problem with Sample Answer According to the student handbook at Cleveland Chiropractic College(CCC) in Missouri, academic misconduct includes “selling. . . any copy of any material intended to
Fraudulent Misrepresentation. Peggy Williams helped eightyseven-year-old Melvin Kaufman care for his wife and Williams’s great aunt, Elsie, for several years before Elsie’s death.Melvin then
A Question of Ethics On behalf of BRJM, LLC, Nicolas Kepple offered Howard Engelsen $210,000 for a parcel of land known as lot fi ve on the north side of Barnes Road in Stonington, Connecticut.
Critical Legal Thinking. Describe the types of individuals who might be capable of exerting undue infl uence on others.
Video Question Go to this text’s Web site at www.cengage.com/blaw/blt and select “Chapter 12.”Click on “Video Questions” and view the video titled Mistake. Then answer the following
What is the difference between compensatory damages and consequential damages? What are nominal damages, and when do courts award nominal damages?AppendixLO1
What is the standard measure of compensatory damages when a contract is breached? How are damages computed differently in construction contracts?AppendixLO1
Under what circumstances is the remedy of rescission and restitution available?AppendixLO1
When do courts grant specifi c performance as a remedy?AppendixLO1
What is a limitation-of-liability clause, and when will courts enforce it?AppendixLO1
Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down
Hypothetical Question with Sample Answer In which of the following situations might a court grant specifi c performance as a remedy for the breach of the contract?1 Tarrington contracts to sell her
Measure of Damages. Johnson contracted to lease a house to Fox for $700 a month, beginning October 1. Fox stipulated in the contract that before he moved in, the interior of the house had to be
Mitigation of Damages. Lauren Barton, a single mother with three children, lived in Portland, Oregon. Cynthia VanHorn also lived in Oregon until she moved to New York City to open and operate an art
Liquidated Damages versus Penalties. Every homeowner in the Putnam County, Indiana, subdivision of Stardust Hills must be a member of the Stardust Hills Owners Association, Inc., and must pay annual
Case Problem with Sample Answer Tyna Ek met Russell Peterson in Seattle, Washington. Peterson persuaded Ek to buy a boat that he had once owned, the O’Hana Kai, which was in Juneau, Alaska. Ek paid
Remedies. On July 7, 2000, Frances Morelli agreed to sell to Judith Bucklin a house at 126 Lakedell Drive in Warwick, Rhode Island, for $77,000. Bucklin made a deposit on the house. The closing at
Quasi Contract. Middleton Motors, Inc., a struggling Ford dealership in Madison, Wisconsin, sought managerial and fi nancial assistance from Lindquist Ford, Inc., a successful Ford dealership in
A Question of Ethics In 2004, Tamara Cohen, a real estate broker, began showing property in Manhattan to Steven Galistinos, who represented comedian Jerry Seinfeld and his wife, Jessica. According to
Critical Legal Thinking. Review the discussion of the doctrine of mitigation of damages in this chapter. What are some of the advantages and disadvantages of this doctrine?
Video Question Go to this text’s Web site at www.cengage.com/blaw/blt and select “Chapter 14.”Click on “Video Questions” and view the video titled Midnight Run. Then answer the following
What elements are necessary for an effective offer?What are some examples of nonoffers?AppendixLO1
In what circumstances will an offer be irrevocable?AppendixLO1
What are the elements that are necessary for an effective acceptance?AppendixLO1
How do shrink-wrap and click-on agreements differ from other contracts? How have traditional laws been applied to these agreements?AppendixLO1
What is the Uniform Electronic Transactions Act?What are some of the major provisions of this act?AppendixLO1
Agreement. Ball writes to Sullivan and inquires how much Sullivan is asking for a specifi c forty-acre tract of land Sullivan owns. In a letter received by Ball, Sullivan states, “I will not take
Hypothetical Question with Sample Answer Chernek, the sole owner of a small business, has a large piece of used farm equipment for sale. He offers to sell the equipment to Bollow for $10,000. Discuss
Offer and Acceptance. Carrie offered to sell a set of legal encyclopedias to Antonio for $300. Antonio said that he would think about her offer and let her know his decision the next day. Norvel, who
E-Signatures. Stewart Lamle invented “Farook,” a board game similar to “Tic Tac Toe.” In May 1996, Lamle began negotiating with Mattel, Inc., to license Farook for distribution outside the
Case Problem with Sample Answer In August 2000, in California, Terry Reigelsperger sought treatment for pain in his lower back from chiropractor James Siller.Reigelsperger felt better after the
Online Acceptances. Internet Archive (IA) is devoted to preserving a record of resources on the Internet for future generations.IA uses the “Wayback Machine” to automatically browse Web sites and
Acceptance. Evelyn Kowalchuk, an eighty-eight-year-old widow, and her son, Peter, put their savings into accounts man aged by Matthew Stroup. Later, they initiated an arbitration proceeding before
A Question of Ethics In 2000 and 2001, Dewayne Hubbert, Elden Craft, Chris Grout, and Rhonda Byington bought computers from Dell Corp. through its Web site. Before buying, Hubbert and the others
Case Analysis Question Go to Appendix F at the end of this text and examine Case No. 2 [Feldman v. Google, Inc., 513 F.Supp.2d 229 (E.D.Pa. 2007)]. This case has been excerpted there in great detail.
Video Question Go to this text’s Web site at www.cengage.com/blaw/blt and select “Chapter 10.”Click on “Video Questions” and view the video titled E-Contracts: Agreeing Online. Then answer
What is the basic structure of the U.S. government?AppendixLO1
What constitutional clause gives the federal government the power to regulate commercial activities among the various states?AppendixLO1
What constitutional clause allows laws enacted by the federal government to take priority over conflicting state laws?AppendixLO1
What is the Bill of Rights? What freedoms does the First Amendment guarantee?AppendixLO1
Where in the Constitution can the due process clause be found?AppendixLO1
Commercial Speech. A mayoral election is about to be held in a large U.S. city. One of the candidates is Luis Delgado, and his campaign supporters wish to post campaign signs on lampposts and utility
Hypothetical Question with Sample Answer Thomas worked in the nonmilitary operations of a large fi rm that produced both military and nonmilitary goods.When the company discontinued the production of
Commerce Clause. Suppose that Georgia enacts a law requiring the use of contoured rear-fender mudguards on trucks and trailers operating within its state lines. The statute further makes it illegal
Freedom of Religion. A business has a backlog of orders, and to meet its deadlines, management decides to run the fi rm seven days a week, eight hours a day. One of the employees, Marjorie Tollens,
Equal Protection. With the objectives of preventing crime, maintaining property values, and preserving the quality of urban life, New York City enacted an ordinance to regulate the locations of
Case Problem with Sample Answer To protect the privacy of individuals identifi ed in information systems maintained by federal agencies, the Privacy Act of 1974 regulates the use of the information.
Supremacy Clause. The Federal Communications Act of 1934 grants the right to govern all interstate telecommunications to the Federal Communications Commission (FCC) and the right to regulate all
Freedom of Speech. For decades, New York City has had to deal with the vandalism and defacement of public property caused by unauthorized graffi ti. Among other attempts to stop the damage, in
Due Process. In 2006, the Russ College of Engineering and Technology of Ohio University announced that an investigation had found “rampant and fl agrant plagiarism” in the theses of mechanical
A Question of Ethics Aric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar in Newport Beach, California. Anne Lemen owns the “Island Cottage,” a residence across an alley
Critical Legal Thinking. Do you think that the threat of terrorism in the United States justifi es the imposition of limits on the right to privacy? Generally, in the wake of the September 11, 2001,
Critical Thinking and Writing Assignment for Business. The commerce clause, as originally interpreted by the United States Supreme Court, was thought to allow the federal government to regulate
What is intellectual property?AppendixLO1
Why does the law protect trademarks and patents?AppendixLO1
What laws protect authors’ rights in the works they generate?AppendixLO1
What are trade secrets, and what laws offer protection for this form of intellectual property?AppendixLO1
What steps have been taken to protect intellectual property rights in today’s digital age?AppendixLO1
Patent Infringement. John and Andrew Doney invented a hardbearing device for balancing rotors. Although they registered their invention with the U.S. Patent and Trademark Offi ce, it was never used
Hypothetical Question with Sample Answer In which of the following situations would a court likely hold Maruta liable for copyright infringement?1 At the library, Maruta photocopies ten pages from a
Copyright Infringement. Professor Littrell is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law
Case Problem with Sample Answer In 1969, Jack Masquelier, a professor of pharmacology, discovered a chemical antioxidant made from the bark of a French pine tree. The substance supposedly assists in
Copyright. Redwin Wilchcombe is a musician and music producer.In 2002, Wilchcombe met Jonathan Smith, known as Lil Jon, a member of Lil Jon & The East Side Boyz (LJESB). Lil Jon and LJESB are under
A Question of Ethics Custom Copies, Inc., in Gainesville, Florida, is a copy shop, reproducing and distributing, for profi t, on request, material published and owned by others.One of the copy
Critical Legal Thinking. In the United States, patent protection is granted to the fi rst person to invent a given product or process, even though another person may be the fi rst to fi le for a
Critical Thinking and Writing Assignment for Business. Sync Computers, Inc., makes computer-related products under the brand name “Sync,” which the company registers as a trademark.Without
What is business ethics, and why is it important?AppendixLO1
How can business leaders encourage their companies to act ethically?AppendixLO1
How do duty-based ethical standards differ from outcome-based ethical standards?AppendixLO1
What are six guidelines that an employee can use to evaluate whether his or her actions are ethical?AppendixLO1
What types of ethical issues might arise in the context of international business transactions?AppendixLO1
Hypothetical Question with Sample Answer Shokun Steel Co. owns many steel plants. One of its plants is much older than the others. Equipment at that plant is outdated and ineffi cient, and the costs
Case Problem with Sample Answer In 1999, Andrew Fastow, chief fi nancial offi cer of Enron Corp., asked Merrill Lynch, an investment fi rm, to participate in a bogus sale of three barges so that
Corporate Social Responsibility. Methamphetamine (meth) is an addictive, synthetic drug made chiefl y in small toxic labs(STLs) in homes, tents, barns, or hotel rooms. The manufacturing process is
Business Ethics on a Global Scale. In the 1990s, Pfi zer, Inc., developed a new antibiotic called Trovan (trovafl oxacin mesylate).Tests showed that in animals Trovan had life-threatening side
Critical Legal Thinking. Human rights groups, environmental activists, and other interest groups concerned with unethical business practices have often conducted publicity campaigns against various
Critical Thinking and Writing Assignment for Business. Assume that you are a high-level manager for a shoe manufacturer. You know that your fi rm could increase its profi t margin by producing shoes
Video Question Go to this text’s Web site at www.cengage.com/blaw/blt and select “Chapter 8.”Click on “Video Questions” and view the video titled Ethics: Business Ethics an Oxymoron? Then
How do Article 2 and Article 2A of the UCC differ?What types of transactions does each article cover?AppendixLO1
In a sales contract, if an offeree includes additional or different terms in an acceptance, will a contract result? If so, what happens to these terms?AppendixLO1
What exceptions to the writing requirements of the Statute of Frauds are provided in Article 2 and Article 2A of the UCC?AppendixLO1
Risk of loss does not necessarily pass with title. If the parties to a contract do not expressly agree when risk passes and the goods are to be delivered without movement by the seller, when does
What law governs contracts for the international sale of goods?AppendixLO1
Statute of Frauds. Fresher Foods, Inc., orally agreed to purchase one thousand bushels of corn for $1.25 per bushel from Dale Vernon, a farmer. Fresher Foods paid $125 down and agreed to pay the
Merchant’s Firm Offer. On September 1, Jennings, a usedcar dealer, wrote a letter to Wheeler, stating, “I have a 1955 Thunderbird convertible in mint condition that I will sell you for $13,500 at
Hypothetical Question with Sample Answer When will risk of loss pass from the seller to the buyer under each of the following contracts, assuming the parties have not expressly agreed on when risk of
Offer. In 1998, Johnson Controls, Inc. (JCI), began buying auto parts from Q. C. Onics Ventures, LP. For each part, JCI would inform Onics of its need and ask the price. Onics would analyze the
Case Problem with Sample Answer Clear Lakes Trout Co. operates a fi sh hatchery in Idaho. Rodney and Carla Griffi th are trout growers. Clear Lakes agreed to sell“small trout” to the Griffi ths,
Shipment and Destination Contracts. In 2003, Karen Pearson and Steve and Tara Carlson agreed to buy a 2004 Dynasty recreational vehicle (RV) from DeMartini’s RV Sales in Grass Valley, California.

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