Questions and Answers of Introduction To Business Law

Even though corporations can restrict the speech of their employees, should they do so? Explain your answer.
Why might the appellate court have decided that the evidence did not support Nadia Hussain’s intentional infliction of emotional distress claim?
1. Punitive damages may be awarded in a tort action when a defendant’s actions show malice—that is, when a person’s conduct is characterized by hatred, ill will, or a spirit of revenge. Would
1. The NIU Chapter invited nonmember sorority women to participate in the hazing event by filling the pledges’ cups with vodka and directing them to drink it. Did these women owe a duty of care to
Barbara Kaiser had surgery to implant the Prolift Anterior Pelvic Floor Repair System, a medical devicethat supports the pelvic muscles. Within a few years, Kaiserbegan suffering severe pelvic pain.
Should trademark protection apply to similarities between non-competing products? Why or why not?
The “Jimmy Smith Rap” is a copyrighted rap recording asserting the supremacy of jazz over other types of music. Released thirty years later, “Pound Cake” is a hip-hop song in which Aubrey
What would be your strategy regarding liability waivers if you were managing a business that relied on minors engaging in inherently dangerous activities?
1. Fans sometimes catch and keep baseballs hit into the stands. How do these actions differ from the situation described in this case, in which fans were promised and received promotional items for
How does a third party extended auto warranty differ from a warranty that is included in the price of a used car purchased from a dealership selling that particular brand of car?
Moore contracted in writing to sell her Hyundai Santa Fe to Hammer for $16,500. Moore agreed to deliver the car on Wednesday, and Hammer promised to pay the $16,500 on the following Friday. On
George Gregory, a competitive shotgun shooter, sent his Winchester Model 21 to Connecticut Shotgun Manufacturing Company (CSM) for repairs. While CSM was working on the Model 21, Gregory contacted
1. Maryland law arguably does not include post-secondary education expenses in the definition of “child support.” Should this state law have governed the court’s conclusion? Why or why not?2.
Does the gig economy take advantage of independent contractors? Discuss your reasons.
What problems might arise if data from an internal social media system are stored on third party servers?
Why might the nondiscrimination component of the NLRB’s latest ruling make a ban on union-related e-mails difficult for managers to enforce?
Suppose a franchisor has two choices when it comes to cybersecurity provisions in its FDD. The franchisor can either (a) Assume control and responsibility for a franchisee’s privacy security
1. Why would an owner of land that falls within the boundaries of a wild and scenic river area challenge those boundaries?2. Suppose that instead of establishing the boundaries of the NSRA to protect
1. Could a willful violation of a safety regulation be established if an employer did not know of the rule’s requirements? Explain.2. Suppose that one of the superintendents of Edwin Taylor’s
Many states have enacted consumer protection laws that go beyond federal laws. Suppose that Florida enacts a new consumer protection law that forces all apartment and homeowners who offer short-term
Zakia Mashiri owns a home in San Diego, California. She is a member of the Westwood Club Homeowners’ Association (HOA), which charges each member an annual fee. When Mashiri failed to pay the fee,
1. Fox introduced into evidence two receipts showing that he properly disposed of oily water on shore and indicated that he had more. Should Fox have been exonerated on the basis of these receipts?
1. Should a no-fault owner of a hazardous waste site be liable for any of the cleanup costs? Why or why not?2. Before purchasing the mill, Valbruna obtained $500,000 in government funds to cover some
The Wallen family owned a cabin on Lummi Island in the state of Washington. A driveway ran from the cabin across their property to South Nugent Road. Floyd Massey bought the adjacent lot and built a
1. Could the city have argued in support of its notice to vacate that there is nothing arbitrary or unreasonable about holding a landlord accountable for ensuring the use of its property complies
“When faced with a clearly erroneous precedent, my rule is simple,” writes Supreme Court Justice Clarence Thomas. “We should not follow it.” How do these words offer a cautionary tale for
Should Roberta consider paying her salespeople overtime even though it is not required by federal law? Why or why not?
Apex Corporation learns that a federal administrative agency is considering a rule that will have a negative impact on the firm’s ability to do business. Does the firm have any opportunity to
The Companies Act 2006 gives protection to minority shareholders by allowing minority shareholders to bring ‘derivative claims’ and also allows minority shareholders to sue for ‘unfair
Explain the difference between an ordinary and special resolution and how these are made. Can company resolutions be made without the need for a meeting?
Flora Exotic Ltd, a company selling plants, has a large number of debts but continues to trade. Kerry has supplied large quantities of fertilizer to Flora Exotic Ltd but, despite several reminders,
George owns shares in Organic School Dinners plc. He wants to propose a resolution that the company should endeavour to source organic food locally. He has gained the support of a number of other
Consider the following cases and decide whether criminal or civil proceedings would result, and make a note of the parties in the action. a) Ali is being prosecuted for careless driving. b)
Explain what is meant by the term ‘common law'.
Outline the advantages and disadvantages of tribunals over the court system.
Explain what is meant by arbitration, mediation, and conciliation.
Raj steals Asha’s car, drives it to a remote part of town and sets it on fire. Raj is caught by the police and prosecuted for theft of the car. Asha wants to sue Raj for compensation for the damage
Explain clearly which court would deal with the following matters:a) Ace plc is suing Fox plc for £20 million. The case involves complex commercial law issues.b) Virju is suing Beejal for £800 and
What are the three main sources of law in England in the 21st century? Which do you think is the most important and why?
Explain the concept of judicial precedent in the English legal system. In England and Wales, both statute and common law exist together: which of these is a more superior form of law? Explain your
Parliament passes the Safety at Work Act 2012 (fictitious) giving the power to the Secretary of State to pass regulations (delegated legislation) relating to workplace safety. The Act was passed to
Consider whether a valid contract has been formed in the following circumstances.a) Iraj sees the following advertisement in his local newspaper: ‘For Sale: Rose Bushes only £12.99 for five.
Jamie has just opened a new themed 1970s wine bar and reads in the paper about the new ‘Alcoholic Drinks Bill’ which appears to forbid the sale of alcohol in certain public outlets. The bill has
Andrea decides to sell her car and puts a notice on the back windscreen of the car. The notice reads, ‘This car is for sale, excellent condition, low mileage, bargain at £2,000. Please phone
Fully explain the difference between ‘an offer’ and ‘an invitation to treat’. In contract law, is an advertisement in a newspaper treated as ‘an offer’ or ‘an invitation to treat’?
‘Acceptance must be communicated to the offeror by the offeree’. Discuss what this phrase means and consider any exceptions to the rule.
a) Every week, Amy and Jim and their daughter, Sophie, enter the National Lottery, each contributing £1 for 3 lucky dip numbers. Sophie always fills in the form, pays over the money to the
Anthony entered into a contract with Bruce to refurbish a block of 100 flats; the work was to be completed in three months. The contract stated that late completion would be charged at £5,000 per
In social and domestic agreements what presumption is made with regard to intention to create legal relations? How does this differ from the approach to intention in business agreements? Give
Explain what is understood in contract law by the statement ‘Consideration must be sufficient but need not be adequate’.
Dr Know, a well-known academic, is due to speak at the Annual Brighton Small Business Conference. She arrives early and books into the Ship Hotel, owned by Leisure Ltd. She has stayed there on a
a) Hari took a lease for 10 years of a garage from British Petrol plc. The lease stated that Hari could only sell petrol provided by British Petrol plc. Hari has now discovered he could buy Ecco
Distinguish between:a) A puff, a representation, and a term.b) A condition, a warranty, and an innominate term.
Explain the effects of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 in relation to exclusion clauses.
In October, Atomic Kat Ltd begins negotiations with Alcopops Ltd for sponsorship for Atomic Kat, a famous pop group. In November, Natasha from Atomic Kat informs the rest of the members of the group
Lulu owns a luxury watch and jewellery store in Brighthelm. She receives an e-mail order for two topof- the-range watches, costing £2,000 each, from Terry who claims to be from Anex Design, an
Discuss what is meant by common mistake, mutual mistake, and unilateral mistake in the law of contract and explain the effect mistake will have on a contract.
A contract entered into where there is undue influence or duress is voidable but what constitutes: (a) Duress(b) Undue influence?
Sally used to be the owner of a prosperous dating agency in Brighton. Three years ago she made a contract with Speedy Ltd to advertise her agency on four of their buses for a period of one year. Soon
Sebastian is the owner of a famous fish restaurant ‘Poissons’. He has just engaged a top chef, Pierre, who has contracted to work solely for him during the next six months, and not to work in any
Explain the meaning of ‘Remoteness of damage’ and ‘Measure of damages’.
In what circumstances may a contract be discharged because of frustration?
Jenny authorises Sam, her agent, to sell Jenny’s antique diamond ring for not less than £3,000 and to purchase twenty plasma screens for Jenny’s business for up to £6,000. Sam buys the ring
Harry appoints Lin, as an agent, to sell his microlight aeroplane and agrees to pay her 5 per cent commission. Lin sells the aeroplane to Paul for £50,000 and Harry pays her £2,500 commission. As
Explain the different methods by which an agency relationship may be established.
Discuss the rights and duties of an agent.
Cathy, the owner of a small business, is going on a skiing holiday. Before leaving she orders a grey carpet for the office from carpets2U Ltd’s sample book. The back of the sample has a sticker on
Ali, a student, buys a new laptop computer for £400 from a local retailer ‘IT Solutions’. When he pays, he signs a document (which he doesn't read) which is an acceptance note. In the first
Explain the terms which are implied into contracts for the sale of goods by ss 13, 14(2), 14(3), and 15 of the Sale of Goods Act 1979.
‘Ownership of goods passes when the parties intend it to pass’ but when does ownership pass if no intention of the parties is evident?
Ruby, who recently passed her driving test, decides to drive into town. On turning right at a junction, she negligently fails to see a car being driven by Sapphire and crashes into it. Sapphire was
Fraud and Co, a firm of accountants and auditors, were employed to prepare the accounts and balance sheet of Apple plc, knowing the accounts were to be sent to Bill, a private investor, who was
Discuss what is meant by ‘a duty of care’ in the tort of negligence.
Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when
Wayne decides to hold a party to celebrate England winning the World Cup. John, who has not been invited, enters via the back door and on seeing Wayne coming towards him, goes through a small door
Sam enters a competition run by his local newspaper, the Surrey Times. He wins second prize, an ‘Excel washing machine’, which has been manufactured by Excel Appliances Ltd. Sam used the machine
To what extent is taking an action under the Consumer Protection Act 1987 an improvement on taking an action in the tort of negligence?
With reference to liability in the torts of trespass, private nuisance, and the rule in Rylands v Fletcher, explain the extent to which occupiers of land should ensure that the state of their
Explain how an employer can show that the way he dismissed an employee was reasonable. What kinds of action can be reasonable?
Explain the difference between an employee and a self employed contractor. Why is the difference important?
A football manager is employed on a five-year contract. After three years, his team does extremely badly in the Premiership and is relegated. The club wishes to dismiss the manager. What issues are
A lecturer is asked to teach on a course at a college of higher education. The course has already been written, and the lecturer is given lesson plans to follow. She only has to come to the college
What is a risk assessment, why is it important, and how should an employer go about conducting one? Give an example to illustrate your answer.
Explain the differences between the different types of prohibited conduct.
Jo is a transsexual who has undergone surgery to change her sex from male to female. She applies for a job as a hairdresser, but is rejected because the owner of the salon thinks that she does not
Sarah is a Druid. She wants to have time off to celebrate the summer solstice at Stonehenge, but her employer refuses. At about the same time, he allows some Muslims to take a few days off for Eid.
Gita and Luis are partners in a catering business called Meals4U. They regularly order fresh fish from Bespoke Foods Ltd. To cut costs, Gita asks Luis not to order any more fish from Bespoke but
For some years Zadie carried on a computer repair business as a sole trader. In 2013 she expanded into computer sales and incorporated the business, assigning the whole of its assets to the company,
Explain the core rights and duties of general partners set out in the Partnership Act 1890.
Outline the differences between a registered limited company, a general partnership, and a limited liability partnership.
Shreena and Gita wish to run a business buying and selling organic vegetables. They have decided to set up a private company limited by shares and are thinking of calling their company ‘VegRus’.
Fabrics Ltd currently supplies soft furnishings to wholesalers, largely on credit terms. Its share capital comprises 100,000 £1 ordinary shares. The company has recently decided to raise more
Explain the options available for financing a company.
Discuss the general content and effect of a company’s articles.
Herb Ltd has three directors: Parsley, Sage, and Rosemary. Occasionally Parsley and Rosemary come into the company’s premises but all decisions about running the company are left to Sage, who acts
Pike, Harri, and Raj are directors of a beauty products company. Pike is responsible for negotiations with suppliers and customers. He agrees a contract between the company and Bleach Ltd for the
Under the Companies Act 2006, directors owe various duties to a company. Outline the seven general duties of directors which are set out in sections 171–177 of the Companies Act 2006.
Explain where a director gets authority to act on behalf of a company and how third parties are protected if a director acts outside his authority.