Sometimes, an administrative agency will issue a new rule, and before the rule is enforced, a business firm or an individual will sue the agency to postpone or even prevent the enforcement. Why would individuals or organizations prefer to sue an agency before it takes formal enforcement action?
> 1. OptiAmp Corp. promises you that its electrical equipment will meet the needs of any venue from a stadium to a café. You buy the equipment for Playtime, your urban rap club, but it is not sufficient to power the lighting, heating, and refrigeration sys
> 1. For the Summer Solstice Symphonic Symposia—a series of workshops for composers and musicians—you order fifty Tundra-brand cellos from The String Instrument Source, Inc. The Source confirms your order in writing. On the last day to ship the order, the
> 1. Sassy Brass Instrument Co. owns a warehouse where it stores its inventory of band and orchestral instruments. In your capacity of band director for a school district, you order seventy-six trombones from Sassy. The seller identifies the goods to be sh
> 1. As a beginning songwriter and performer, you are convinced that a certain model of electric guitar is what you need to turn the musical world on its ear. Chick’s Music Store advertises the item but because the store is sold out of the guitars when you
> 1. With the profits from Sportz!, a successful pop-rock album, you make a down payment on an isolated ranch on which you arrange for the construction of a sports park. The park includes grassy fields and paved courts, indoor and outdoor pools, and skate
> 1. You and your country group Haze perform before an enthusiastic crowd at the Idyll County Fair. Jack, the owner of a local club, sees you perform and likes what he sees. Without a written contract, Jack begins to support your group, arranging gigs, col
> When is a contract so ambiguous that a court may have to interpret its terms?
> 1. You begin your career in music as a keyboardist, writing songs for Lifelong, a faith-based rock group. With success comes the opportunity to record for Masterworx Studios, where you pick up the skills of a recording engineer. Now, as a sought-after pr
> 1. You own Chords, a music store. You have a basic knowledge of bookkeeping—you can balance a checkbook—but you are not an accountant. Dana, a local bass guitarist and entrepreneur, offers to buy Chords and asks about its finances. Using bills and receip
> 1. As the keyboardist for Mirror Image, you move with the band to New York as part of a six-album recording and performing agreement with Omni Music, Inc. Perla, an accountant licensed in California, misrepresents to you that she is licensed in New York.
> 1. On May 1. Franco sells you, a minor, an electric guitar and amplifier. On June 1, you attain the age of majority. On June 5, Franco is offered a considerably larger sum of money by Garth for the instrument that he sold to you. Franco offers to return
> 1. Gerard, an events promoter and coordinator, promises to stage a concert for the benefit of Kids Care, a charitable organization dedicated to helping disadvantaged youth. In reliance on the anticipated receipts, Kids Care contracts for the construction
> 1. In your capacity as talent coordinator for Ideal Concert Promotions, Inc., you offer the James Brothers, a new, suddenly popular pop group, a certain price to play the Luminous Center Stadium on a certain date. The offer states that it will expire thi
> 1. You own a small club—Sammy D’s—that features local musicians. On Tuesday night, you post a notice promising to pay $100 to any musician who takes to the stage for one hour. Tyler steps up to the microphone and opens a sixty-minute set with a cover of
> 1. You are an extraordinarily successful performing artist with three platinum albums, including “I M GR8,” which spawned “Top o’ Da Heap” and four other hit singles. You visit your local Car Sales Showroom and choose a couple of rides. To pay for the ve
> 1. You download apps to play a variety of video games on your cell phone. You find these games so addictive that despite increasingly negative consequences—a car accident, a divorce, and the loss of your job—you continue to play incessantly. As your debt
> 1. In the video game “Block x Block,” your avatar Blockhead is the executive loan officer for Alpha Mortgage & Credit Company. At this point in the game, Carlotta asks to borrow funds from Alpha to start a new business. She has $100,000 equity in her hom
> When might reliance form the basis for contract rights and duties despite a lack of consideration?
> Under the Foreign Sovereign Immunities Act, what comprises a foreign state?
> 1. You are the chief executive officer of Money Games Inc. (MGI), which has begun to market Borrow & Spend, a video game set in the world of finance. To buy ads, MGI borrows $50,000 from First Savings Bank. On MGI’s behalf, you sign a note for the loan a
> 1. The winning objective of the video game Acquisition is to attain high market value by acquiring other companies’ assets. As the tech star-up Alpha Beta, you realize wild success in the market and immediately begin to buy competitors, as well as other
> 1. The video game Phantasm requires two or more players who confront malicious phenomena—ghosts, zombies, and so on—and combine their abilities to capture the bad guys for delivery to university research centers. In the game, you orally agree with your p
> 1. In the video game “Bills & Coins,” each player tracks income, spending, investments, and taxes in a simulated real-world environment to exceed the net worth of the other players with whom business is transacted. Your character, “Money Man,” is given t
> 1. You are playing “Kill ‘Em Again Inc.” in which your avatar, Nick, drives around the streets of Urban City to duel zombies. To play, the game requires that you buy a ride. So you sign this on-screen instrument. May 1, 2018 I promise to pay t
> 1. You want a copy of “Banx & Chex,” a computer game that simulates financial transactions, with the goal of accruing as much virtual profit as possible. Without the real money to pay for it, however, you “borrow” one of your roommate’s paychecks, sign h
> 1. You create a new video game-playing device that you call “The Gem.” Its revolutionary twist on other game devices is that The Gem can respond to a player’s eye movements, making a handheld joystick or similar control almost unnecessary. At this point,
> 1. RaceCar2010 is a video game that features races in virtual locations throughout the United States—in the clouds above Hawaii, down the slopes of the Rockies, along the length of the Appalachian Trail, among others. In each contest, your opponent drive
> 1. In the video game Brainiac, each player solves puzzles and answers questions based on information displayed on the screen. The quicker and more accurate answers score more points. As the creator, developer, and seller of Brainiac, you hope to sell mil
> 1. You are playing AniMax, a video game in which you assume the identity of “Max,” a resident of New Jersey with the power to morph into vicious animals to battle a variety of super- and sub-human beings. As a Siberian tiger, you confront a series of dea
> What is a release?
> 1. You’re playing Sun Ascendant, a video game in which the sun has burned out, and your goal is to accomplish certain tasks, advance to different levels, collect eight “Golden Orbs,” and ultimately restart the fire in our sun. The difficulty of mastering
> 1. You see a spot in the market for a video game outlet. You open “GameBox” to profit from local sales, rentals, and exchanges. Hott Games Company promises to ship a certain assortment of games and gear for your grand opening. Despite this contract, Hot
> 1. You are playing the video game Fire Fights, in which your character Frank the Firefighter speeds from one fiery inferno to another, answering calls to douse towering flames, rescue trapped inhabitants, and save burning structures from destruction. In
> 1. You go to Games Galore Store to buy a copy of the latest installment in the “Furious Finale” video game series. It is available only at the manufacturer’s price, which is the same price at all local outlets, and not otherwise available. Previous insta
> 1. You are playing the video game Risky Hazards, in which your character is an inspector for the Occupational Safety and Health Administration. In one scenario, you enter what appears to be a deserted warehouse to find a small group working in a dimly li
> 1. In the video game Ancient Warriors, your character combats evildoers from the past. Each warrior is more difficult to overcome than its predecessors. By skillfully using the weapons and attributes that accrue to your character after a victory, however
> 1. To develop what you believe is a terrific idea for a video game, you lease 50,000 square feet in an office building from Commercial Property, LLC, under a written five-year lease. Your goal is to put the game on the market within two years. Several mo
> 1. The video game Storm features different sports played in the midst of natural disasters—skiing in a blizzard, running a marathon under the belch and plume of an erupting volcano, and so on. In one segment, a tornado fells a forest of trees. Your goal
> 1. The video game Myth is based on the tales of Zeus and other Greek and Roman gods and goddesses. One of the most popular segments of the game begins with the release of evil from Pandora’s box with you, the player, assigned the task of rounding up the
> 1. In the video game Corporate Cowboy, your task is to investigate complaints of wrongdoing on the part of corporate directors and officers, decide whether there is a violation of the law, and deal with the wrongdoers accordingly. Jane, a shareholder of
> Identify two situations in which agreements lack consideration.
> 1. You are playing the video game Captains of Industry in which the objective is to attain a dominant position in an industry without violating, or creating the appearance of violating, the law. To begin play, you make a good faith effort to incorporate
> 1. You are playing the video game Discrimination! in which a player accrues points by correctly spotting, reporting, and resolving instances of discrimination in various workplaces. In one scenario, set in a packing plant owned and operated by Savory Tre
> 1. You are playing Mind Game, a video game that involves a quest through the unexplored realms of the imagination, attempting to reach Level 14. It is difficult to advance from level to level because the obstacles that must be overcome and the objectives
> 1. One minion, Delilah, does not return with gems and gold, but brings back three contracts. Acting within the scope of her authority, she contracted with Evon, who knew your identity at the time; Felipe, who knew that Delilah was acting on behalf of som
> 1. Credit Check is a video game that charges its players with accurately identifying and correcting problems with checks and bank accounts. You choose to play the game as the character “Financial Wizard.” You are shown the following item, on which the si
> 1. In the video game Business Planet, your avatar flies in a private jet around the world, making deals. The play involves the application of legal doctrines, economic principles, and cultural values to outwit competitors in global markets and profit han
> Could there have been “good” reasons for the price-fixing agreement in this problem?
> Why is a price-fixing agreement considered a per se violation of the Sherman Act?
> What is the underlying social policy that prompts an administrative agency to rule against private individuals, business firms, organizations, or institutions such as the ADA in this problem?
> 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?
> 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. I
