Original work needed! for the BUSINESS LAW quizes.

Theseareaboutbusiness.Pleaseassistmeinansweringthequestionsregardingthe 3 partsofthephotographs.Thankyoukindly.

1)

PART II-What does the contract mean?+ After the T-Shirt Factory CEO signed a contract with the museum allowing his company to have the right to copy the Bruce Lee advertisement, he signed another one with a Chinese manufacturer to make the T-Shirts. The former Hong Kong manufacturer, now located in Shenzhen, is called HKM. + . "Delivery will be made at the site and location specified in Addendum A."+ + "The T-shirts will be white with a design imprinted on the front as specified in Addendum A."+ "The T-shirts will be in the standard mix of sizes."+ "If the T-shirts are delivered after the date specified in Addendum A, Manufacturer will pay one dollar a day per standard weight box as a late fee for every day any standard weight box is delivered."+ Talk of Addendum A suggests you need something else to complete the contract and to make it fit this specific case - and that these terms, above, were pre-written, standard terms. Assume that to be so. We want to know what those terms mean. QUESTIONS: + 3. The terms "standard mix" and "standard weight box" are not defined. What will a court do to determine what a standard mix is? Would if affect your answer if you found out the two men NEVER discussed the meaning of these terms before a dispute arose about HKM's performance? Explain your answer.+ 4. What sort of dollars will be used? Explain your answer.+ +PART III -- The contract is broken, how can we remedy the breach?+ As you also will recall, the T-Shirt Factory CEO entered a contract with HKM to manufacture the Bruce Lee T-shirts. HKM wrote into the contract a clause stating that if the T- shirts were unacceptable in quality HKM would refund payment to T-Shirt Factory, but otherwise expressly waiving all other warranties. T-Shirt Factory agreed to pay HKM 1 HKD per shirt. + In turn, the T-Shirt Factory entered into a contract with the Bruce Lee Fan Club in the U.S. to sell the fan club 100,000 T-shirts to be delivered in time for the fan club's convention that began on June 10, 2017. The fan club agreed to pay $10 (80 HKD) per shirt. + The T-shirts all arrived on time, and the fan club distributed them to their members at the convention. They were a big hit with the club members, who were surprised to get them. When they signed up for the convention they did not know they were going to receive anything as a souvenir from the club. The enrollment form stated that "The enrollment fee of $35 entitles enrollee member to attend all sessions and enter all exhibits at the 2017 convention, for the entire three days of the convention, from June 10 to June 13, 2017." + However, right after the convention the member began to complain to the Fan Club. The shirts shrank in the wash by as much as 20%, and the design began to flake off after the T-shirts were put in a clothes dryer. The members threatened to sue the club.+ QUESTIONS:+ 5. Do the members have a colorable claim against the club? If so, describe that claim, and explain your answer.+ 6. Do the members have a colorable claim against T-Shirt Factory? If so, describe that claim, and explain your answer.+ 7. Does the club have a colorable claim against the T-Shirt Factory? If so, describe that claim, and explain your answer.+ 8. Does the T-Shirt Factory have a colorable claim against HKM? If so, describe that claim, and explain your answer.+ 9. For any party you said could make a claim, explain how to calculate their damages."PART I. When is a contract formed?+ The T-Shirt Factory is a company that owns a chain of retail clothing stores in the US. Its CEO was visiting Hong Kong and saw an advertisement for a Bruce Lee exhibition at the Hong Kong Cultural Museum. The advertisement was on the side of a city bus. The CEO knew it would be very popular in the US with teenage boys, because Bruce Lee is a hero to many teenage boys in the US now. + The T-Shirt Factory CEO paid a visit to the museum and talked to its director, who had full authority to make decisions for the museum. After explaining his interest, the following conversation took place:+ (1) CEO: "I would like a license to use that design on T-shirts, including the words and images."+ (2) Director: "I will license of the design for T-shirts only."+ (3) CEO: "OK, I will pay $50,000."+ (4) Director: "OK, the money is fine, but for how long will you get to use this design?"+ (5) CEO: "For one year, as many as I can make in that year."+ (6) Director: "OK, but only one style of T-shirt, as many as you make that year."+ (7) CEO: "OK."+ (8) Director: "I agree."+ (9) The two men then put this all in writing. Assume nothing in the writing was different than the terms just stated. + QUESTIONS:+ 1. At what point in the meeting, if ever, was a contract between T-Shirt Factory and the Hong Kong Cultural Museum formed? Explain your answer.+ 2. What were the terms? List them.6-3. Liability to Business Invitees. Kim went to Ling's Market to pick up a few items for dinner. It was a stormy day, the floor. The manager knew of the weather conditions and the wind had blown water through the market's door but had not posted any sign to warn customers of the each time it opened. As Kim entered through the door, she water hazard. Kim Injured her back as a result of the fall and sued Ling's for damages. Can Ling's be held liable for slipped and fell in the rainwater that had accumulated on negligence? Discuss. (See page 131.) Business Case Problems 6-4. Spotlight on Intentional Torts-Defamation. Sharon Yeagle Kiwanuka worked seven days a week without breaks and was an assistant to the vice president of student was subjected to regular verbal and psychological abuse by affairs at Virginia Polytechnic Institute, and Bakilana. Kiwanuka filed a complaint against Bakilana for State University (Virginia Tech). As part of her intentional infliction of emotional distress, among other duties, Yeagle helped students participate in the claims. Bakilana argued that Kiwanuka's complaint should Governor's Fellows Program. The Collegiate Times, Virginia be dismissed because the allegations were Insufficient to Tech's student newspaper, published an article about the show outrageous intentional conduct that resulted in university's success in placing students in the program. The severe emotional distress. If you were the judge, in whose article's text surrounded a block quotation attributed to favor would you rule? Why? [Kiwanuka v. Bakilana, 844 Yeagle with the phrase "Director of Butt Licking" under her F.Supp.2d 107 (D.D.C. 2012)] (See page 121.) name. Yeagle sued the Collegiate Times for defamation. She argued that the phrase implied the commission of sodomy 6-8. BUSINESS CASE PROBLEM and was therefore actionable. What is Collegiate Times's WITH SAMPLE ANSWER: Negligence. defense to this claim? [ Yeagle v. Collegiate Tires, 497 S.E.2d At the Weatherford Hotel in Flagstaff, Arizona, in Room 59, a balcony extends across thirty inches of 136 (Va. 1998)] (See page 123.) the room's only window, leaving a twelve-inch gap 6-5. Proximate Cause. Galen Stoller was killed at a rallroad with a three-story drop to the concrete below. A crossing when an AMTRAK train hit his car. The cross- sign prohibits smoking in the room but invites guests to "step ing was marked with a stop sign and a railroad-crossing out onto the balcony" to smoke. Toni Lucario was a guest in symbol, but there were no flashing lights. Galen's par- Room 59 when she climbed out of the window and fell to her ents filed a suit against National Rallroad Passenger Corp. death. Patrick Mcmurtry, her estate's personal representative, (AMTRAK) and Burlington Northern & Santa Fe Railroad filed a suit against the Weatherford. Did the hotel breach a Corp., alleging negligence In the design and maintenance duty of care to Locario? What might the Weatherford assert in of the crossing. The defendants argued that Galen had its defense? Explain. [McMurtry v. Weatherford Hotel, Inc., not stopped at the stop sign. Was AMTRAK negligent? 293 .3d $20 (Ariz App. 2013)/ (See page 130.) What was the proximate cause of the accident? Discuss