Once upon a time, William worked in the bio engineering department at Montesano, during his employment, he signed agreements not to compete with Montesano and agreed that all of his work product created while at the company was the property of Montesano. While working at Montesano, William conceived of a way of creating genetically altered "gluten free" wheat. While at the company he did not share or test his idea with anyone at the company. After he left Montesano, William applied for and received a patent on his "gluten free" wheat and has been licensed and is selling the product under his new business "Glutefree".Business is booming.

William, also a hobbyist micro distiller, has gone into the micro distillery business to make and sell an all -natural, all healthy "gluten free" delicious tasting orange favored whiskey. He created this whiskey by much trial and error by numerous adjustments of the ingredients, temperature and the time of processing.He uses his newly developed gluten free wheat.His new orange flavored whiskey is marketed under the name "Myorange Whiskey" is also quite financially successful.

William however has just received two very troubling letters. First, he received a letter about twenty pages long from Montesano's legal department demanding an immediate stop to all commercialactivity concerning gluten free wheat and specifically thesales of Myorange Whiskey. Second, he received another letter from a law firm representing a competing distillery, which has made and distributed another orange flavored whiskey for more than ten years under the name of "Yourange Whiskey" also demanding a stop of all sales.

William cannot get an appointment with his attorney until next week and is very angry. He throws both letters on your desk and demands a report from you by Monday morning addressing the following:

1) The legal issues that you see presented by these problems.

2)William's possible property rights to be protected and preserved.

3) What business, if any,you think William cansafely continue to do.

Since you would like to keep your job at least until the end of the month, prepare the report for your boss.

Rubric: Basic Legal Concepts

Criteria

Pts

1. (A) Clearly statesand supports an opinion of the liability of the business to purchasers under the UCC (B) Clearly list, discusses and explains possible defenses to a breach of contract under the UCC.

50 pts

2. (A) Clearly states, supports and explains an opinion on whether or not the judges should have substituted their opinions for the jury's opinion on the seriousness of the facts in the case. (B) States a clear and supported opinion of whether a clear and understandable definition was created.. (C) States a clear and reasoned opinion on how the law could be changed.

50 pts

3. (1) Clearly and correctly states the important legal issues presented. (2) Clearly identifies and discusses the property rights to be preserved and protected. (3) clearly states and explains an opinion of what type of business can be legally done.

50 pts