Computer systems consist of hardware and software. Hardware includes a computer’s monitor, electronic circuitry, and items such as keyboards and printers. Hardware is clearly a “good.” Software refers in part to the medium that stores computer data. In this respect, is software a “good”?
> How can something be the basis of a bargain?
> When heirs challenge particular provisions in wills, courts are often reluctant to rewrite the wills and instead attempt to interpret wills to give effect to the testators’ intent, regardless of how inequitable the results may seem. Why would a court be
> If Fran had written her will or the list of charities on a mere scrap of paper or a paper bag, would both documents still be valid?
> If Zenith had moved off the property before the end of the lease term with no intent of returning, could the landlord have retaken possession immediately?
> Can a lease require that a landlord give the tenant notice?
> Suppose that the government, instead of Santiago, engaged in the excavation next door to Rosa. Could she stop its operation or obtain damages?
> Suppose that instead of Santiago for a neighbor, Rosa’s vineyard had been located next to a public power utility. If the utility sought to build a power substation—with its unceasing hum and night-long bright lights—on its land, could Rosa obtain an inju
> Suppose that in Benjamin had run a long extension cord from a vacant apartment into his own and connected his appliances to the cord so that he used only the electricity coming through the cord. Benjamin disconnects the cord when the apartment is rented
> Should a bailee be permitted to limit its liability?
> If an employee copies a list of his or her employer’s customers and uses the list to start his or her own business, has the employee committed a theft of personal property?
> Suppose that Tanya had taken out an insurance policy on Miguel’s life before they had divorced. On his death, could she have recovered under the insurance policy?
> What is “something of legally sufficient value”?
> Would the court have ruled that Tanya had an insurable interest in the house if she had not invested money in it?
> What action might Dakota have taken to avoid becoming a victim in this problem?
> Is a debtor's failure to make a payment on a student loan or present inability to make payments sufficient to undue hardship?
> How does the Truth-in-Lending Act (TILA) protect borrowers and curb abusive practices by mortgage lenders?
> If Adrian had painted the Swords’ car, instead of their cabin, and had kept possession of the car until they paid for the work, would his lien have had priority over, for example, a bank that financed the purchase of the car?
> Does Adrian’s lien have priority over, for example, a bank that financed the Swords’ purchase of the cabin?
> In the context of a takeover, or any other circumstances, how do directors best fulfill their fiduciary duties to shareholders?
> Suppose that the target’s board believes the tender offer is inadequate. What might the board do in response to the offer?
> Are directors expected to make corporate decisions solely on the basis of their own knowledge and training?
> Are directors expected to attend all board of directors’ meetings?
> What must occur for the Uniform Electronic Transactions Act (UETA) to apply to a transaction?
> Once a business chooses a name, is the submission of the name to the state only a formality?
> Besides avoiding confusion, what do most states require in a corporate name?
> If Hailey presented Reese to the bank as a partner, and the bank relied on this representation to make the loan, would Reese be considered a partner?
> If Reese represented himself as a partner with Hailey and Felix, for the purpose of borrowing funds from a bank to buy new equipment for the farm, and the bank relied on this representation to make the loan, would Reese be considered a partner?
> Why is discrimination presumed under Title VII when a plaintiff establishes a prima facie case unless the employer provides a nondiscriminatory explanation for an adverse employment action?
> Once Diana made out a prima facie case of discrimination, did the employer have to establish a business justification?
> What advantages are there to an employer to use basic principles of fairness in investigating and disciplining employees?
> Our federal Constitution and our state constitutions place a premium on individual rights. If the United States were a police state, violations of privacy and other rights that we often take for granted could be commonplace and easily justified in the i
> When a check “bounces,” can a holder can resubmit the check, hoping that at a later date sufficient funds will be available to pay it?
> The Crash writes to Bruce directing Bruce to act as The Crash’s agent for booking concerts. The Crash adds a postscript telling Bruce to make no commitments until after communicating with them. The Crash sends a copy of the letter without the postscrip
> What is the mirror image rule?
> 1. Could the bank legally have terminated its promise to honor overdrafts? 2. Although this problem appears to be one involving a breach of contract, could there be any other grounds on which O’Banion might recover?
> If Larson had paid Smith for the note with a check, and before Smith cashed the check, Larson learned of Morrison’s defense against payment on the note, would Larson have qualified as an HDC?
> If Smith had owed Larson the same amount as represented by Morrison’s note and given the note to Larson as payment for the debt, would Larson have been able to hold Morrison liable on the note?
> Does Dark Day’s trade acceptance serve as a substitute for money or as a credit device?
> Is Dark Day’s trade acceptance a sight draft or a time draft?
> According to the FTC, ads must be substantiated by well-controlled scientific studies or the ads will be considered deceptive. In one case, the FTC charged that the claims made in an ad for a sunburn treatment were unsupported by direct studies on human
> What was the underlying social policy that prompted the Federal Trade Commission (FTC) to rule against Campbell’s?
> Does an “as is” clause in a sales contract bar all claims of fraud? Explain.
> What would a person who buys a car have to show to prove that the seller breached the implied warranty of merchantability?
> What would be Roger’s obligations if the contract with Arturo were a destination contract?
> What determines whether a contract is classified as unilateral or bilateral?
> Imagine that Arturo is located in Denver. What would be Roger’s obligations if the contract with Arturo were a shipment contract?
> If the contract is breached, who bears the risk?
> If the parties to a contract do not specify when the risk of loss passes, and the goods are to be delivered under a destination contract, when does the risk pass?
> How does the UCC deal with the question of software as a good or service?
> Is domestic abuse something that parties should be expected to contract around?
> Suppose that the “no contact” stipulation had exempted Primetime’s employees. Would the result be different?
> If W&D fraudulently procured the right to Mark’s payment, can Mark raise the fraud as a defense against payment to A-Able?
> Webb & Dratler (W&D) is a clothing retailer. W&D grants Mark, its customer, credit. As a creditor, W&D assigns its right to Mark’s payment to A-Able Financial Services, a collection agency. Which party is the assignor, which party is the assignee, and
> Microtop, Inc., offers Bill a job developing new software that will triple the speed of Microtop hard drives. Microtop management believes that it is unlikely Bill will complete the job in less than eighteen months. Bill claims that he can do it in les
> In what ways might the law terminate an offer?
> If an employer wanted to contract to hire you for one year, with the employment to begin two weeks from Monday, would the contract have to be in writing to be enforceable?
> As in the previous question, suppose that the car wash had been properly winterized. If Lucinda offered Mauricio one price and inadvertently typed a different, higher price into the contract, can she be held to the typewritten amount?
> Suppose that the car wash had been properly winterized. If Lucinda offered Mauricio considerably less for the property than its possible market value and Mauricio accepted the offer, could he avoid the contract on later learning that he might have sold i
> In the nineteenth century, lotteries were widely used to raise money for government buildings and improvements to the infrastructure. Gambling was controversial, however, and by the time of the Civil War, only Delaware and Kentucky had legal lotteries.
> On what basis might the court have enforced the agreement in this problem?
> Suppose that Sierra stated she was eighteen years old when she signed the arbitration agreement. How might this affect her right to disaffirm it?
> Did Sierra have the contractual capacity to enter into a contract? Why or why not?
> Steven wants to make a binding promise to give $30,000 of stock in DP Chemical Corporation to his son Doug. Knowing that a gratuitous promise is not binding, Steven writes out and signs a false statement that says Doug presented him with an expensive ca
> Gustavo offers to buy Donna’s business—Donna’s Dry Cleaners—and to pay Donna $50,000 in exchange. Donna accepts and gives the keys to the shop and papers of ownership to Gustavo. Is there consideration for Gustavo’s promise?
> When would one party’s acceptance of the other’s terms have been considered binding in this situation?
> How can an offeror or offeree terminate an offer?
> Assuming that the parties had not included an expiration date for their settlement offers and could revoke them at any time, what actions might have constituted an effective revocation?
> Suppose that the concertgoer claimed to have recorded the concert by “mistake.” Would a court accept such an assertion to excuse a party’s breach?
> Define the terms contract, promise, and breach of contract.
> Suppose that a foreign nation does not prosecute cyber criminals and does not cooperate with U.S. authorities to investigate cyber crimes against U.S. citizens. What effect might this have on the deterrence or proliferation of cyber crime?
> Why will cyber crime always be a worldwide problem?
> Suppose that the site using candyland.com had not been sexually explicit but had sold candy. Would the result have been the same? Explain.
> How can companies protect themselves from others who create Web sites that have similar domain names, and what limits each company’s ability to be fully protected?
> What is the purpose of tort law?
> What is a tort?
> Why might protection of commercial speech be limited?
> What do formal contracts require to be enforceable?
> When and why does a court apply the decision of another court to determine the result in a case?
> Is the free flow of commercial information essential to a free enterprise system? Why?
> Imagine that Ace Corporation employs sales representatives in New York to market Ace products in that state. Ace has no offices in New York, however, and does not keep any inventory there. Could a New York state court exercise jurisdiction over Ace?
> Would the answer to this problem be different if Rob were a corporation, or other business, instead of an individual?
> If a corporation fails to conduct its operations ethically or respond quickly to an ethical crisis, what might happen?
> What should be the measure of corporate responsibility?
> What are statutes?
> What are the differences between remedies at law and in equity?
> What overall effect do the principle of comity and the other international legal doctrines discussed here have on the protection for U.S. firms that own property abroad?
> What is the principle of comity, and why do courts deciding disputes involving a foreign law or judicial decree apply this principle?
> Apple, Inc., controls which apps—such as ringtones, instant messaging, and video—can run on its iPhone software. Apple’s App Store is a website where iPhone users can buy and download the apps. Apple prohibits third-party developers from selling iPhone a
> Which steps normally establish an implied contract?
> Should all commercial arrangements subject to the antitrust laws be evaluated under the rule of reason? Discuss.
> The Delaware River Port Authority (DRPA) solicited bids to repaint the Commodore Barry Bridge, a mile-long structure spanning the Delaware River between New Jersey and Pennsylvania. Alpha Painting & Construction Company, an experienced contractor that ha
> Should an individual or organization sue an agency before the agency takes formal enforcement action? Discuss your answer.
> Ann Dewey’s financial planner, Timothy Bultman, referred her to his friend Robert Wilmot for estate-planning services. Wilmot did not know Dewey, her family situation, or anything about her affairs until they met. He drafted a will for her and named hims
> Under what circumstances might it be appropriate to ignore the provisions in a will?
> F.A. Investment Group, Inc., owned an apartment building in Philadelphia, Pennsylvania. Over a two-year period, the city cited F.A. Investment for a variety of housing code violations. These violations included failure to maintain regular electrical serv
> What is a landlord’s ethical duty with respect to keeping rental premises “fit for human habitation”?
> Class A Investors Post Oak and the Cosmopolitan Condominium Owners Association each owned adjacent pieces of property in Houston, Texas. Each organization planned to build a high-rise tower on its lot. They signed an agreement that granted each of them a
> What public policies might underlie the doctrine of adverse possession
> KZY Logistics, LLC, transported a load of Mrs. Ressler’s Food Products from New Jersey to California. When KZY’s driver delivered the cargo, the customer rejected it—its temperature was higher than expected, making it unsafe. Mrs. Ressler’s filed a suit
> Identify the element that is of prime importance in determining whether a contract has been formed.
