80. As courts decide cases involving the Internet and new kinds of issues not addressed previously, what role, if any, does precedent play? What role should it play? What difficulties could arise?…
| Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers,” of the textWrite a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading.…
40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.…
1. Under the Warranty of Fitness for a Particular Purpose, what two things must a seller know about a buyer? 280…
2) Is Bright entitled to specific performance because of the unique nature of the goods?…
2. State whether the following provisions in a note impair or preclude negotiability, the instrument in each instance being otherwise in proper form. Answer each statement with either “Negotiable” or Nonnegotiable” and explain why.…
The following situations are similar (all involve the theft of Makoto’s laptop computer), yet they represent three different crimes. Identify the three crimes, noting the differences among them.…
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.…
A court would not enforce the promise. If the terms of the contract express such uncertainty of performance that the promisor has not definitely promised to do anything, the promise is said to be illusory – without consideration and unenforceable.…
In the case in the text where someone purchased a used safe at an auction for $50, but…
Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson, a stockbroker with E. F. Hutton & Co., Inc., and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year, Johnson churned Pusateri’s account to make commissions and invested Pusateri’s funds in volatile securities and options. Johnson kept telling Pusateri that his account was making money, and the monthly statement from E. F. Hutton did not indicate otherwise. The manager at E. F. Hutton was aware of Johnson’s activities but did nothing to prevent them. When Johnson left E. F. Hutton, Pusateri’s account—which had been called the “laughingstock” of the office—had shrunk from $196,000 to $96,880. Pusateri sued E. F. Hutton for damages.…
Pacific Gas & Electric Co. v Bear Stearns & Co. (retrieved November 4, 2011) http://scocal.stanford.edu…
Review the case of Any Kind Checks Cashed, Inc. v. Talcott in Chapter 30 of the text. Write a short paper on whether or not you agree with the Court’s decision. Is it fair? In your opinion, is Any Kind a HDC?…
You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, he and Sharon drive the intruder off, but not before they both are badly cut by the intruder.…
The Affordable Care Act “Obamacare” was signed into law to reform the health care industry by President Barack Obama on March 23, 2010 and upheld by the Supreme Court on June 28, 2012. Obamacare’s goal was to give more Americans access to affordable, quality health insurance and to reduce the growth in health care spending in the U.S (Obamacare). But which political party benefits more from the act? In the long run, Democrats benefit from the Affordable Care Act, not Republicans. This is because; Republicans are typically business owners and therefore would not benefit from Obamacare. Another reason that Democrats would benefit more is; Democratic incumbents are more likely to get reelected for their office. Also, the Affordable Care Act provides another step towards a single payer system that most Democrats desire.…