1. Marina Stengart used her company laptop to communicate with her lawyer via her personal, password-protected, web-based email account. The company's policy stated: E-mail and voice mail messages, internet use and communication, and computer files are considered part of the company's business and client records. Such communications are not to be considered private or personal to any individual employee. Occasional personal use is permitted; however, the system should not be used to solicit for outside business ventures, charitable organizations, or for any political or religious purpose, unless authorized by the Director of Human Resources. After she filed an employment lawsuit against her employer, the company hired an expert to access her emails that had been automatically stored on the laptop. Are these emails private?
2. Tyler is traveling across the United States, and he decides to use Airbnb. He picks out Harold's house, which is suggested to him by friends and coworkers. The house itself is nicely furnished and Tyler decides to book it. While Tyler is staying at the Airbnb, he decides to use some marijuana he brought for the trip. While Tyler is relaxing, police knock on the door. Tyler puts the marijuana away in his backpack and walks over to the door and opens it. Several officers ask if Harold is there. Tyler says no and that he is staying in Harold's Airbnb. Officers ask if they can look for Harold, and Tyler agrees. While the officers are looking for Harold, they decide to look through Tyler's backpack and find the marijuana. What can Tyler argue, and what can the state argue?Specificallydiscuss arguments surrounding the officers looking in the home and in the backpack.
3. You've been on websites that have made you click through terms and conditions before you could go on.You have probably never read them and that's not surprising.As the court notes in theNicosia v. Amazon.com, Inc.case, most people will not read the terms and conditions.Share your thoughts on theNicosiacase.Justify your decision. If we all know that no one is reading the forms, does it make sense to allow forms like that to be used? Would it make more sense to require companies to have separate screens for each major point of the contact summarized so briefly that people wouldn't be able to help seeing them?
4. Kuhn Farm Machinery, a European company, signed an agreement with Scottsdale Plaza Resort, of Arizona, to use the resort for its North American dealers' convention during March 1991. Kuhn agreed to rent 190 guest rooms and spend several thousand dollars on food and beverages. Kuhn invited its top 200 independent dealers from the United States and Canada and about 25 of its own employees from the United States, Europe, and Australia, although it never mentioned those plans to Scottsdale. On August 2, 1990, Iraq invaded Kuwait, and on January 16, 1991, the United States and allied forces were at war with Iraq. Saddam Hussein and other Iraqi leaders threatened terrorist acts against the United States and its allies. Kuhn became concerned about the safety of those traveling to Arizona, especially its European employees. By mid-February, 11 of the top 50 dealers with expense-paid trips had either canceled their plans to attend or failed to sign up. Kuhn postponed the convention. The resort sued. The trial court discharged the contract under the doctrines of commercial impracticability and frustration of purpose. The resort appealed. Did commercial impracticability or frustration of purpose discharge the contract?Argument for Scottsdale Plaza Resort:The resort had no way of knowing that Kuhn anticipated bringing executives from Europe and even less reason to expect that if anything interfered with their travel, the entire convention would become pointless. Most of the dealers could have attended the convention, and the resort stood ready to serve them.Argument for Kuhn:The parties never anticipated the threat of terrorism. Kuhn wanted this convention so that its European executives, among others, could meet top North American dealers. That is now impossible. No company would risk employee lives for a meeting. As a result, the contract has no value at all to Kuhn, and its obligations should be discharged by law.
5. As we come to the end of the main contracts unit it wouldn't be a bad time to read an actual contract to which you are a party.Pull out your cell contract or something from a website you use and read through it.Does anything surprise you?