Question: Sears, Roebuck and Co. promised to give

> Cable News Network with its principal place of business in Atlanta, Georgia, is the owner of the trademark CNN in connection with providing news and information services to people worldwide through cable and satellite television networks, Web sites, and

> Suzanne Andres was injured when she fell from the balcony of her second-floor apartment in the Roswell-Windsor Village Apartments. Andres was leaning against the railing on the balcony when it gave out, and she and the railing fell to the ground. Andres

> CVS Pharmacy, Inc., entered into a contract with Dan Cake, a company in Portugal, for Dan Cake to ship tins of cookies for sale at CVS pharmacies. The cookies were originally supposed to be delivered on or before September 7, 2007. There were several del

> John C. Clark, using the alias Thomas Pecora, rented a 1994 Lexus from Alamo Rent-A-Car on December 21, 1994. Clark did not return the car and, using falsified signatures, obtained a California so-called quick title. Clark advertised the car for sale in

> Schock, the buyer, negotiated to purchase a mobile home that was owned by and located on the sellers ’ property. On April 15, 1985, Schock appeared at the Ronderos ’ (the sellers ’ ) home and paid them the agreed-on purchase price of $3,900. Shock receiv

> Brown Sales ordered goods from Eberhard Manufacturing Co. The contract contained no agreement about who would bear the risk of loss. There were no shipping terms. The seller placed the goods on board a common carrier with instructions to deliver the good

> Click2Boost, Inc. (C2B), entered into an Internet marketing agreement with the New York Times (NYT) on May 10, 2002, for C2B to solicit sub- scribers for home delivery of the New York Times newspaper through “ pop up ads ” at Internet Web sites with wh

> Triple H Construction Co. contracted with Hunter ’ s Run Stables, Inc., to erect a horse barn and riding arena on Hunter ’ sRun ’ s property in Big Flats, New York. Hunter ’ s Run got a guarantee in its contract with Triple H that “ such design with the

> Omni Trading issued two checks totaling $75,000 to Country Grain Elevators for grain it had purchased. Country Grain indorsed the checks over to the law firm of Carter & Grimsley as a retainer. Country Grain then collapsed as a business, and Omni stopped

> Logsdon, who had three children, disliked one of them without any reason. In his will, he left only a small amount to the child he disliked and gave the bulk of his estate to the remaining two. On his death, the disliked child claimed that the will was v

> McGladrey conducted a financial audit of Subspecialty Centers of America, LLC (SCA). SCA is owned by Dr. Mark S. Weinberger, an ear, nose, and throat surgeon. The audit was for the year ending December 31, 2003. McGladrey issued its audit report in March

> Flora Hall went to Rent-A-Center in Milwaukee and signed an agreement to make monthly payments of $77.96 for 19 months in exchange for Rent- A-Center ’ s allowing her to have a Rent-A-Center washer and dryer in her home. In addition, the agreement requir

> U.S. Surgical manufactures medical surgical instruments and markets the instruments to hospitals. The packaging for U.S. Surgical ’ s disposable medical instruments is labeled “ for single use only. ” As an example, one label contains the following langu

> REMC furnished electricity to Helvey ’ s home. The voltage furnished was in excess of 135 volts and caused extensive damage to his 110-volt household appliances. Helvey sued REMC for breach of warranty. Helvey argued that providing electrical energy is n

> Charles leased a house from Donald for four years. The rent agreed on was $850 per month. After two years, Charles assigned his rights under the lease to Smith, who moved in and paid rent regularly for a year. Owing rent, Smith moved out sometime later w

> Elliot, an officer of Impact Marketing, drew six postdated checks on Impact’s account. The checks were payable to Bell for legal services to be subsequently performed for Impact. Financial Associates purchased them from Bell and collected on four of the

> LTV Aerospace Corp. manufactured all-terrain vehicles for use in Southeast Asia. LTV made an oral contract with Bateman under which Bateman would supply the packing cases needed for the vehicles ’ overseas shipment. Bateman made substantial beginnings in

> Valley Trout Farms ordered fish food from Rangen. Both parties were merchants. The invoice that was sent with the order stated that a specified charge — a percentage common in the industry — would be added to any unpaid bills. Valley Trout Farms did not

> During the remodeling of an apartment building, tenants had so much dust from the construction settle in their apartment that they experienced dam- age to their expensive sound and recording equipment. They had rented the very specialized and large apart

> The English publisher of a book called Cambridge gave a New York publisher permission to sell that book any place in the world except in England. The New York publisher made several bulk sales of the book to buyers who sold the book throughout the world,

> Potomac Leasing Co. leased an automatic telephone system to Vitality Centers. Claudene Cato signed the lease as guarantor of payments. When the rental was not paid, Potomac Leasing brought suit against Vitality and Cato. They raised the defense that the

> Vodra was employed as a salesperson and contracting agent for American Security Services. As part of his contract of employment, Vodra signed an agreement that for three years after leaving this employment, he would not solicit any customer of American.

> James Santelli was staying at a motel owned by Abu Rahmatullah for several months as he worked at a nearby construction project. Joseph Pryor had been previously employed at the motel as a general maintenance man. There was no criminal background check d

> Can check cashing companies be holders in due course? What arguments can you make for and against their holder-in-due-course status? [Dal-Tile Corp. v. Cash N’ Go, 487 S.E.2d 529 (Ga. App.)]

> All new employees of Circuit City Stores were required to sign a Dispute Resolution Agreement (DRA) mandating that employees submit all employment-related disputes to arbitration. Under the DRA Circuit City was not obligated to arbitrate its claims again

> Smith was employed as a salesman for Borden, Inc., which sold food products in 63 counties in Arkansas, 2 counties in Missouri, 2 counties in Oklahoma, and 1 county in Texas. Smith ’ s employment contract prohibited him from competing with Borden after l

> Justin Shaffer, while an employee of the Home Par- amount Pest Control Companies Inc., signed an employment agreement providing that: The Employee will not engage directly or indirectly or concern himself/herself in any manner whatso- ever in the carryin

> Iona wrote her will. The following year, she wrote another will that expressly revoked the earlier will. Later, while cleaning house, she came across the second will. She mistakenly thought that it was the first will and tore it up because the first will

> Siddle purchased a quantity of fireworks from Red Devil Fireworks Co. The sale was illegal, however, because Siddle did not have a license to make the purchase, which the seller knew because it had been so informed by the attorney general of the state. S

> The Minnesota adoption statute requires that any agency placing a child for adoption make a thorough investigation and not give a child to an applicant unless the placement is in the best interests of the child. Tibbetts applied to Crossroads, Inc., a pr

> A tenant leased an apartment in which so much noise emanated from surrounding apartments late at night and in the wee hours of the morning that he could not get much sleep. The tenant brought suit against the landlord, alleging that the landlord had brea

> For almost 13 years, Touche Ross had prepared the annual audit of Buttes Gas and Oil Co. Buttes wanted to obtain a loan from Dimensional Credit Corp. (DCC) and showed DCC its most recent annual audit. DCC made the loan on the basis of what it learned fro

> Ewing was employed by Presto-X-Co., a pest exterminator. His contract of employment specified that he would not solicit or attempt to solicit customers of Presto-X for two years after the termination of his employment. After working several years, his em

> The auditing firm of Timm, Schmidt & Co. pre- pared annual financial statements for Clintonville Fire Apparatus, Inc. (CFA). CFA showed these statements to Citizens State Bank and asked for loans. On the basis of the financial statements, Citizens loaned

> Eugene McCarthy left his position as director of sales for Nike’s Brand Jordan division in June 2003 to become vice president of U.S. footwear sales and merchandising at Reebok, one of Nike’s competitors. Nike sought a preliminary injunction to prevent M

> Aries Information Systems, Inc., develops and markets computer software specifically designed to meet the financial accounting and reporting requirements of such public bodies as school districts and county governments. One of Aries’s principal products

> Sutcliffe Banton, dba Nemard Construction, furnished labor and materials (valued at $162,895) for improving Vicky Deafeamkpor ’ s New York City residential property. She paid only $41,718, leaving $121,987 unpaid. Banton sued her and the jury awarded $90

> Yarde Metals, Inc., owned six season tickets to New England Patriots football games. Gillette Stadium, where the games are played, had insufficient men ’ s restrooms in use for football games at that time, which was the subject of numerous newspaper col

> Jane bought a string of pearls from Grantham Jewelers. Jane wrote a check for $1,760 to pay for the pearls. When Jane had the pearls appraised for insurance purposes, she learned from the appraiser that the pearls were fake. Jane stopped payment on the c

> Sandra Menefee sued Geographic Expeditions, Inc. (GeoEx), for the wrongful death of her son while on a GeoEx expedition up Mount Kilimanjaro. GeoEx moved to compel arbitration under the parties’ limitation of liability contract. GeoEx designed its arbi-

> Gerald “ Pat ” Arrington was diagnosed with a brain tumor. At the time of the diagnosis, he was married to Brenda Arrington, but they were separated pend- ing their divorce. Brenda and Pat had no children, but Pat had five children from a previous marria

> John Iwen sued U.S. West Direct because of a negligently constructed yellow pages advertisement. U.S. West Direct moved to stay litigation and compel arbitration under the yellow pages order form, which required advertisers to resolve all controversies t

> What are an accountant ’ s obligations if he or she knows a client is violating the terms of a contract with a third party?

> When are the parties to an illegal agreement in pari delicto?

> Jennifer Sanchez and her three children lived in a two-story townhome operated by CAA (the Cincinnati Community Action Agency). CAA is a non- profit entity that provides housing for single mothers in financial need. Sanchez requested maintenance on an ar

> Radio Station KSCS broadcast a popular music pro- gram. It announced that it would pay $25,000 to any listener who detected that it did not play three consecutive songs. Steve Jennings listened to and heard a program in which two songs were followed by a

> AUSA Life Insurance Company and others were institutional investors in the securities of JWP, Inc., a company that went belly up, resulting in nearly a 100 percent loss of their investments. Ernst & Young served as auditor for JWP from 1985 to 1992. Duri

> On the death of their mother, the children of Jane Smith gave their interests in their mother ’ s estate to their father in consideration of his payment of $1 to each of them and his promise to leave them the property on his death. The father died withou

> Kemp leased a gas filling station from Baehr. Kemp, who was heavily indebted to Penn-O-Tex Oil Corp., transferred to it his right to receive payments on all claims. When Baehr complained that the rent was not paid, he was assured by the corporation that

> The Aqua Drilling Company made a contract to drill a well for the Atlas Construction Company. It was expected that this would supply water for a home being constructed by Atlas. Aqua did not make any guarantee or warranty that water would be produced. Aq

> Diehr devised a computerized process for curing rubber that was based on a well-known mathematical formula related to the cure time, and he devised numerous other steps in his synthetic rubber-curing process. The patent examiner determined that because a

> While on a fishing trip, Tom Snyder met an elderly couple living in near-destitute conditions in a rural area of Texas. He returned to the area often, and he regularly purchased groceries for the couple and paid for their medical needs. Some two years la

> After an eleven-month struggle with esophageal cancer, Leonard R. Brener died on December 8, 2001, at age 85. He had never married. He had no children. He had a long and successful career as a stockbroker. The value of his estate approximated $8 million.

> Helen, age 17, wanted to buy a Harley-Davidson “Sportster” motorcycle. She did not have the funds to pay cash but persuaded the dealer to sell the cycle to her on credit. The dealer did so partly because Helen said that she was 22 and showed the dealer a

> Fourteen applicants for a city of Providence, Rhode Island, police academy training class each received from the city a letter stating that it was a “conditional offer of employment” subject to successful completion of medical and psychological exams. Th

> Calhoun/Johnson Company d/b/a Williams Lumber Company (Williams) sold building materials to Donald Miller d/b/a Millercraft Construction Company (Millercraft) on credit. Miller had signed a personal guaranty for the materials. Miller requested lien waive

> Medistar is a real estate development company spe- cializing in the development of medical facilities Dr. Schmidt, the team physician for the San Antonio Spurs basketball team, sought to develop “ The Texas Center for Athletes ” medical center next to th

> Charles Sanarwari retained Stan Gissel to prepare his income tax return for the year 2014. The parties agreed on a fee of $400. Charles had done a rough estimate based on last year’s return and believed he would owe the IRS approximately $2,000. When Sta

> Dale Dyer, who was employed by National By- Products, Inc., was seriously injured at work as the result of a job-related accident. He agreed to give up his right to sue the employer for damages in consideration of the employer ’ s giving him a lifetime j

> The certified public accounting partnership of James, Guinn, and Head prepared a certified audit report of four corporations, known as the Paschal Enterprises, with knowledge that their report would be used to induce Shatterproof Glass Corp. to lend mone

> William E. Story agreed to pay his nephew, William E. Story II, a large sum of money (roughly equivalent to $75,000 in 2016 dollars) “if he would refrain from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he sho

> Hoffman wanted to acquire a franchise for a Red Owl grocery store. (Red Owl was a corporation that maintained a system of chain stores.) An agent of Red Owl informed Hoffman and his wife that if they would sell their bakery in Wautoma, acquire a certain

> Sarah’s house caught on fire. Through the prompt assistance of her neighbor Odessa, the fire was quickly extinguished. In gratitude, Sarah promised to pay Odessa $1,000. Can Odessa enforce this promise?

> Kathy left her classic 1978 Volkswagen convertible at Freddie ’ s Service Station, requesting a “ tune-up. ” When she returned that evening, Freddie ’ s bill was $374. Kathy stated that Firestone and Sears advertise tune-ups for $70, and she asked Freddi

> Kelsoe worked for International Wood Products, Inc., for a number of years. One day Hernandez, a director and major stockholder of the company, promised Kelsoe that the corporation would give her 5 percent of the company’s stock. This promise was never k

> Petra Valoma and her three roommates rented an apartment in New York City with a security deposit of $2,850, two months of rent for $5,700, and a property loss payment of $800. Less than a month after the group of four took possession of the property, th

> On June 21, 1997, Julio Ramos was helping his cousin move out of a second-floor apartment. He positioned himself on the outer side of the second- floor balcony railing, his feet between its spindles, to pass furniture to a friend on the ground below. Whi

> Justin Whitman is the adult son of Jeffrey Whitman, an attorney who has served as the trustee for a trust of which Justin is the beneficiary. The trust was established for Justin by his grandfather, Jeffrey ’ s father. Justin asked his father/trustee for

> Randy Bocian had a bank account with First of America-Bank (FAB). On October 8, Bocian received a check for $28,800 from Eric Christenson as payment for constructing a pole barn on Christenson ’ s property. Bocian deposited the check at FAB on October 9

> Can a murderer inherit property from his victim? Why or why not?

> Jeanette Wall worked for D. J. Sharron for many years. Sharron executed a will, leaving his entire estate to Jeanette. He re-executed the same will sometime thereafter with the same provisions. Sharron ’ s children contested the will, offering evidence t

> Ms. Lingenfelter ’ s will was offered for probate and was opposed. Ms. Lingenfelter (the testatrix) was sick, highly nervous, and extremely jealous, and she committed suicide a week after executing the will. She had, however, seemed to understand the wil

> Miller wrote a will that was 11 pages long and enclosed it in an envelope, which she sealed. She then wrote on the envelope “ My last will & testament ” and signed her name below this statement. This was the only place where she signed her name on any of

> Sargent rented a second-floor apartment in a building owned by Ross. Anna, Sargent ’ s four-year-old daughter, fell from an outdoor stairway and was killed. Sargent brought suit against Ross for her daughter ’ s death. Ross contended that she did not hav

> Cantanese leased a building for the operation of his drugstore from Saputa. He moved his drugstore from Saputa ’ s building to another location but continued to pay rent to Saputa. Saputa, fearing that he was losing his tenant, entered the premises witho

> John Blackwell was seriously injured in an auto accident. His wife was Korean and spoke little English and needed help communicating with Blackwell ’ s doctor. The Blackwells hired Choi as an interpreter in 1997 and over time Mr. Choi assisted with the f

> Johnny C. Carpenter and Harvey E. Hill died of asphyxiation when a fire broke out in their Hattiesburg, Mississippi, apartment on the morning of February 20, 1983. There were no smoke detectors in the apartment at the time of the fire, as required under

> Green rented an apartment from Stockton Realty. The three-story building had a washroom and clothesline on the roof for use by the tenants. The clothesline ran very near the skylight, and there was no guard rail between the clothesline and the skylight.

> Williams, an elderly man who was sensitive to heat, rented an apartment in the Parker House. His apartment was fully air-conditioned, which enabled him to stand the otherwise unbearable heat of the summer. The landlord was dissatisfied with the current r

> Daniel, Joel, and Claire Guerrette are the adult children of Elden Guerrette, who died on September 24, 1995. Before his death, Elden purchased a life insurance policy from Sun Life Assurance Company of Canada through a Sun Life agent, Steven Hall, and n

> Larsen Jewelers sold a necklace to Conway on a lay- away plan. Conway paid a portion of the price and made additional payments from time to time. The necklace was to remain in the possession of Larsen until payment was fully made. The Larsen jewelry stor

> Does a pawnbroker who purchases property in good faith acquire good title to that property? Can the pawnbroker pass good title? [ Fly v. Cannon , 813 S.W.2d 458 (Tenn. App.)]

> Would buying a car from a mechanic who works at a car dealership qualify as purchasing a car in the ordinary course of business? [Steele v. Ellis, 961 F. Supp. 1458 (D. Kan.)]

> Helen Thomas contracted to purchase a pool heater from Sunkissed Pools. As part of the $4,000 con- tract, Sunkissed agreed to install the pool heater, which was delivered to Thomas ’ s home and left in the driveway. The heater was too heavy for Thomas to

> Without permission, Grissom entered onto land owned by another and then proceeded to cut and sell the timber from the land. On learning that the timber had been sold, the owner of the land brought an action to recover the timber from the purchaser. The p

> The U.S. Polo Association (USPA) is a not-for-profit corporation that is the governing body of the sport of polo in the United States. It has been in existence since 1890 and derives the majority of its revenue from royalties obtained from licensing its

> Sue A. Merrill injured her right shoulder when she fell as she was ascending the front steps leading to the porch and front door of the mobile home that her daughter, Sherri Pritchard, rented from Alvina Jansma. The step became loose during the time Ms.

> Rod had a five-year lease in a building owned by Darwood and had agreed to pay $800 a month rent. After two years, Rod assigned his rights under the lease to Kelly. Kelly moved in and paid the rent for a year and then, owing two months ’ rent, moved out

> Halleck executed a promissory note payable to the order of Leopold. Halleck did not pay the note when due, and Leopold brought suit on the note, producing it in court. Halleck admitted that he had signed the note but claimed plaintiff Leopold was require

> Explain why a company would want to perform a self-audit to determine whether it has any environ- mental violations

> In 1997, Isbell purchased a building in San Diego with the intent to open an adult entertainment establishment there. Because this building was located within 1,000 feet of a residential area, how- ever, a San Diego zoning ordinance precluded him from op

> Kenneth and Mary Norpel purchased a house, and Kenneth attached a 35-foot flagpole to it. He did not obtain the permission of the architectural committee of the Stone Hill Community Association. This consent was required by a restrictive covenant to whic

> Patrick Bossenberry owned a house in a planned community area. Each lot in the area was limited by a restrictive covenant to use for a single-family dwelling. The covenant defined family as a blood or marital relationship between most of the occupants. B

> Some sections of the city of Manitou Springs have hills of varying degrees of slope. To protect against water drainage and erosion, the city adopted a hillside zoning ordinance that required homes on hillsides to be surrounded by more open land than in t

> Henry Hatfield, CPA, was hired to prepare audited financial statements for Happy Campers, a nonprofit organization providing summer camp scholarships for inner-city, low-income children. The executive director of Happy Campers was embezzling but falsifie

> The Stallcups lived in a rural section of the state. In front of their house ran a relatively unused, unimproved public county road. Wales Trucking Co. transported concrete pipe from the plant where it was made to a lake where the pipe was used to con- s

> Taback began building a vacation home on a parcel of wooded land. It was to be a three-story house, 31 feet high. This height violated the local zoning ordinance that limited residential homes to two and one-half stories, not exceeding 35 feet. When Taba

> Lester purchased a used automobile from Mac- Kintosh Motors. He asked the seller if the car had ever been in a wreck. The MacKintosh sales- person had never seen the car before that morning and knew nothing of its history but quickly answered Lester’s qu

> William Potts was employed by Jemoli Holdings, Inc., to liquidate assets of defunct companies. Potts had the authority to sign checks for Jemoli. Potts had a personal investment account with Raymond James Financial Services. When the stock market had its

> The city of Salinas entered into a contract with Souza & McCue Construction Co. to construct a sewer. City officials knew unusual subsoil conditions (including extensive quicksand) existed that would make performance of the contract unusually difficult.