Should incidental beneficiaries have any legal recourse against parties who do not perform their contracts? Why or why not?
> What standard of care over bailed property should be expected of bailees?
> Mansoor Akhtar lived rent-free in the basement of Anila Dairkee’s duplex in Minneapolis, Minnesota, for more than a year. When Dairkee asked Akhtar to move out, he refused. She then changed the locks and advised him to remove his property from the duplex
> Is it unethical to download a digital file without the owner’s permission? Discus.
> Bernd Moving Systems owned a warehouse in Yakima, Washington. American Guarantee & Liability Insurance Company insured Bernd under a policy that included coverage of “Personal property of others in your care, custody and control.” Before storing property
> Should an insurance agent be held to a duty to advise applicants about coverage? Why or why not?
> Jevic Transportation Corporation filed a petition in a federal bankruptcy court for a Chapter 11 reorganization. A group of former Jevic truck drivers filed a suit and won a judgment against the firm for unpaid wages. This judgment entitled the workers t
> What are some of the factors that might be considered in deciding whether a debtor should be allowed to declare bankruptcy?
> Carmen Johnson operated CJ Lending as a so-called credit-repair business. Real estate agent Edgar Tibakweitira paid Johnson to fabricate credit histories for certain individuals who had no such histories. Johnson submitted the data to credit-reporting ag
> What purpose is served by the seizure and sale of property on the mortgagor’s default? Why notify the mortgagor of the foreclosure?
> Woodsmill Park Limited Partnership borrowed $6.2 million secured by real property in Chicago, Illinois. Bill and Brian Bruce, and Matthew O’Malley, signed guaranties to meet Woodsmill’s obligation on the loan. Woodsmill defaulted on the payments. Northbr
> Define contract.
> Does the potential harm of allowing a creditor to repossess collateral on a debtor’s default, without going to court, outweigh the benefit? Discuss.
> Ian Bell loaned $250,000 to Bio Defense Corporation, a waste management company in Massachusetts. Before Bell’s loan came due, Boston Local Development Corp. (BLDC) foreclosed on its own loan to Bio Defense, forcing Bio Defense to cease operations and be
> Why should shareholders be required to approve certain types of corporate actions?
> Hewlett-Packard Company (HP) monitored the phones of its directors to find the sources of leaks of company information to the media. When the government learned of the monitoring, criminal charges were brought against HP’s officers. Mark Hurd, HP’s chief
> Under what circumstances might a director’s sale of corporate property to himself or herself be justified?
> Lester Fulmer sold H2O Lifts and Ramps, LLC (H2O), to Hurt-Hoover Investments, LLC (HHI). HHI agreed to pay $550,000 of the price by a note in thirty-six installments. From the installments, HHI deducted offsets, including charges for expenses incurred b
> Why do companies need to be careful about whom they hire and how much they supervise or monitor their employees?
> Tom George was the sole owner of Turbine Component Super Market, LLC (TCSM), when its existence was terminated by the state of Texas. Turbine Resources Unlimited filed and won a suit in a Texas state court against George for breach of contract. The plain
> Why should partnership agreements be in writing?
> McLane Company supplies and distributes goods to retailers. McLane requires employees with physically demanding jobs to take physical evaluations. Damiana Ochoa had such a job with McLane for eight years before she took maternity leave. When she returned
> How are trade secrets protected by the law?
> Should English-only policies in the workplace be considered a form of national-origin discrimination? Explain.
> Split Rail Fence Company sells and installs fencing materials in Colorado. U.S. Immigration and Customs Enforcement (ICE) sent Split Rail a list of the company’s employees whose documentation did not satisfy the Form I-9 employment eligibility verificati
> Should workers’ compensation be denied to a worker who is injured off the employer’s premises, regardless of the reason the worker is off the premises? Why or why not?
> Devin Fink was the manager of Precision Tune Auto Care in Charlotte, North Carolina. Randall Stywall brought her car to the shop to have its rear shocks replaced. Fink filled out the service order, which included a cost estimate. Later, Stywall returned
> Are there situations in which the duty of loyalty could conflict with other duties? Explain your answer.
> While working as David Ducote’s assistant, Michelle Freytag fraudulently obtained a credit card in his name from Whitney National Bank in Louisiana. Freytag told the bank to pay the credit card balances with funds from Ducote’s bank account. The bank sen
> Why should a customer have to report a forged or unauthorized signature on a paid check within a certain time to recover the amount of the payment?
> Should a bank that acts in “bad faith” be barred from raising the fictitious payee rule as a defense? Explain your answer.
> Why is good faith required to attain HDC status?
> Should legal problems be anticipated? Why and why not?
> How is cyber crime distinguished from other crimes?
> Carlos Pardo signed a note to obtain $627,500 to buy a house in Stamford, Connecticut. The note was secured by a mortgage. Later, Pardo signed a loan modification agreement that increased the balance due. The modification was not referenced in the note.
> Should the requirements for negotiability be strictly enforced? Explain your answer.
> In Richland, Washington, Robert Ingersoll planned his wedding to include one hundred guests, a photographer, a caterer, a wedding cake, and flowers. Ingersoll had been a customer of Arlene’s Flowers and Gifts for more than nine years and had spent severa
> Suppose a borrower attempts to avoid paying a debt by asserting that a creditor’s unintended failure to comply with a strict legal requirement excuses the obligation. Should consumer protection laws be strictly enforced when a consumer appears to abuse t
> George Gregory is a competitive shotgun shooter. When the top and bottom ribs of his Winchester Model 21 became loose, he sent it to Connecticut Shotgun Manufacturing Company (CSM) for repairs. While CSM was working on the Model 21, Gregory contacted Lou
> Do pharmacists have a duty to warn customers about the side effects of drugs?
> Samsung Telecommunications America, LLC, makes Galaxy phones. Daniel Norcia bought a Galaxy S4 phone at a Verizon store in San Francisco, California. A Verizon employee opened the box, unpacked the phone, and helped Norcia transfer his contacts to the ne
> How does the doctrine of commercial impracticability attempt to balance the rights of both parties to a contract?
> Indiana enacted the Vapor Pens and E-Liquid Act to regulate the manufacture and distribution of e-cigarettes. The act was based on the state’s interest in public health and safety. Requirements included childproof packaging and labels designating active
> If the parties to a contract do not specify when the risk of loss passes, the risk generally rests with the party who has possession of the goods or the right to their possession. Why is this the rule?
> When can a person refuse to give information to law enforcement officers?
> Camal Terry signed a “Sales Contract” to buy a 1995 BMW 3 Series from Robin Drive Auto, a car dealership in Delaware. Terry agreed to pay $4,995 and Robin Drive agreed to hold the BMW for him in contemplation of a sale within twenty-one days. Also specif
> Should merchants be required to act in good faith? Why or why not?
> Lisa Goldstein reserved space for a wedding in a building owned by Orensanz Events, LLC, in New York City. The rental agreement provided that on cancellation of the event “for any reason beyond” Orensanz’s control, the client’s sole remedy was another da
> Should the courts allow the defense of impossibility of performance to be be used more often?
> The Health Care Providers Self Insurance Trust (the trust) provided workers’ compensation coverage to the employees of its members, including Accredited Aides Plus, Inc. The trust contracted with Program Risk Management, Inc. (PRM), to serve as the progr
> Robert and Lynette Knigge owned a B&L Food Store in Redfield, South Dakota. Robert, diagnosed with brain cancer and given five months to live, entered into an oral contract with his brother, David, to manage the store. Robert died five months after the d
> Should prenuptial agreements be enforced if one party did not have the advice of counsel? Discuss.
> Data Consulting Group contracted with Weston Medsurg Center—a health-care facility in North Carolina—to install, maintain, and manage Weston’s computers and software. At about the same time, Ginger Blackwood began to work for Weston as a medical billing
> Is honesty an implicit duty of every employee? Discuss.
> What is the definition of white-collar crime?
> Surya Challa worked for TransUnion Risk and Alternative Data Solutions, Inc. (TRADS), a data fusion company. Under a covenant not to compete, Challa agreed to not work for any TRADS’s competitor for one year after the end of his employment. Challa quit h
> How can states enforce gambling laws in the age of the Internet?
> Sky High Sports Nashville Operations, LLC, operated a trampoline park in Nashville, Tennessee. During a dodgeball tournament at Sky High, Jacob Blackwell, a minor, suffered a torn tendon and a broken tibia. His mother, Crystal, filed a lawsuit on his beh
> Should the goal of protecting minors from the consequences of unwise contracts ever outweigh the goal of encouraging minors to behave in a responsible manner? Discuss.
> Carmen White signed a lease with Sienna Ridge Apartments in San Antonio, Texas. The lease required White to reimburse Sienna Ridge for any damage to the apartment not caused by the landlord’s negligence or fault. After moving in, White received a new was
> Can a moral obligation satisfy the requirements of consideration? Why or why not?
> The Prince Hall Grand Lodge is a fraternal association incorporated in the state of Washington. The Grand Lodge Constitution provides that the Grand Master “shall decide all questions of . . . Masonic law.” Grand Master Gregory Wraggs suspended the membe
> Should promises of prizes in ads and circulars always be enforced? Discuss.
> Mark Carpenter, a certified financial planner, contracted to recruit investors for GetMoni.com, which owned a defunct gold mine in Arizona. Carpenter then contracted with clients to invest their funds, sending more than $2 million to GetMoni.com. Carpent
> Should any enrichment always be considered unjust? Discuss.
> What must a law enforcement officer obtain before searching or seizing private property?
> Heesham Broussard obtained counterfeit money instruments. To distribute them, he used account information and numbers on compromised FedEx accounts procured from hackers. Text messages from Broussard indicated that he had participated previously in a sim
> Should there be any exceptions to the rule that suspects be informed of their rights? Discuss.
> Usenet is an online bulletin board network. A user gains access to Usenet posts through a commercial service, such as Giganews, Inc. Giganews deletes or blocks posts that contain child pornography. Otherwise, the service does not monitor content. Perfect
> From an ethical perspective, is it important to protect copyrighted music from unauthorized file sharing and other forms of distribution online? Why or why not?
> Julie Whitchurch was an employee of Vizant Technologies, LLC. After she was fired, she created a website falsely accusing Vizant of fraud and mismanagement to discourage others from doing business with the company. Vizant filed a suit in a federal distri
> Does a person’s duty of care include a duty to come to the aid of a stranger in peril?
> John Verble worked as a financial advisor for Morgan Stanley Smith Barney, LLC. After nearly seven years, Verble was fired. He filed a lawsuit in a federal district court against his ex-employer. In his complaint, Verble alleged that he had learned of il
> Do religious displays on public property violate the establishment clause? Discuss
> What ethical considerations might affect a decision to go to court?
> Mark Clapp and Albert DiBrito worked for the Public Safety Department (PSD) in St. Joseph, Michigan. Clapp was the director, and DiBrito was the deputy director. One day, Clapp told Tom Vaught, a PSD employee, that the previous city manager had only hire
> What is the definition of crime?
> What factors help to create an ethical workplace?
> Sandra White operated a travel agency. To obtain lower airline fares for her nonmilitary clients, she booked military-rate travel by forwarding fake military identification cards to the airlines. The U.S. government charged White with identity theft, whi
> JAMS Technologies, Inc., owed $77,000 to Easy Luck Company in Miami, Florida. To pay the debt, JAMS presented a check drawn on the account of Lanco Manufacturing Corporation in Banco Bilbao Vizcaya Argentaria (BBVA). Easy Luck deposited the check in its
> A subsidiary of U.S.-based Helmerich & Payne International Drilling Company was incorporated under Venezuelan law. Helmerich supplied oil-drilling rigs to entities that were part of the government of Venezuela. The government fell behind in payment on co
> Would it be ethical for a U.S. firm to choose not to do business in a foreign country that requires the use of its own language in the legal documents that govern the firm’s business transactions? Discuss.
> The Securities and Exchange Commission (SEC) makes rules regarding what disclosures must be made in a stock prospectus, prosecutes and adjudicates alleged violations, and prescribes punishment. This gives the SEC considerable power. What checks are there
> Itex Corporation would like to know what information federal agencies have about its business operations, so that it will know what its competitors may be able to learn about it. Under what federal law can Itex require the agencies o disclose whatever in
> Lee’s will provides for a distribution of Lee’s property. First, the assets need to be collected and inventoried, however. They may also need to be appraised. Creditors’ claims must be sorted out. Federal and state income taxes must be paid, Finally, the
> Ann leases an office in Ted’s building for a one-year term. At the end of the period specified in the lease, the lease ends without notice, and possession of the office returns to Ted. If Ann dies during the period of the lease, what happens to the lease
> Eve orally agrees to rent an apartment to Nancy for a six-month term. Is this lease enforceable if it is not in writing?
> What is the federal legislation that significantly protects copyrights in the digital age?
> What is the difference between expropriation and confiscation?
> Sam owns an acre of land on Red River. The government dams the river. A lake forms behind the dam, covering Sam’s land. Does the government owe Sam anything? If so, what? If not, why not?
> Eve and Frank own twenty acres of land on which there is a warehouse surrounded by a fence. What is the most important factor in determining whether the fence is a fixture?
> Rosa de la Mar Corporation ships a load of goods via Southeast Delivery Company. The load of goods is lost in a hurricane in Florida. Who suffers the loss? Explain.
> Bob leaves his clothes with Corner Dry Cleaners to be cleaned. When the clothes are returned, some are missing and others are greasy and smell bad. Is Corner liable? Why or why not?
> Evelyn works in the commercial loan department of Founders Bank. In the bank’s parking lot, she finds an envelope that contains $10,000 in cash. The envelope is addressed to Geo Properties LLC, an investment firm familiar to Evelyn through her work for t
> Dave and Paul share rights in a multimedia computer. When they acquired the computer, they agreed in writing that if one dies, the other inherits his interest. Are Dave and Paul tenants in common? Explain.
> Al is divorced and owns a house. Al has no reasonable expectation of benefit from the life of Bea, his ex-spouse, but applies for insurance on her life anyway. Al obtains a fire insurance policy on the house, then sells the house. Ten years later, Bea di
> Neal applies to Farm Insurance Company for a life insurance policy. On the application, Neal understates his age. Neal obtains the policy, bur for a lower premium than he would have had to pay had he disclosed his actual age. The policy includes an incon
> Tanner borrows $150,000 from Southeast Credit Union to buy a home, which secures the loan. Two years into the term, Tanner stops making payments on the loan. After six months without payments, Southeast informs Tanner that he is in default and that it wi
> Al’s Retail Store is a sole proprietorship. Smith & Jones is an advertising partnership. Roth & Associates, Inc., is a professional corporation. First State Savings & Loan is a savings and loan association. Which of these is not eligible for reorganizati
> Which works are copyrightable?
> Ruth Ann borrows $175,000 from Sunny Valley Bank to buy a home. Federal law regulates primarily the terms of the mortgage that must be disclosed in writing in clear, readily understandable language. What are the major terms that must be disclosed under t
