The Lower Yukon School District provides public education in the region that includes the village of Scammon Bay in Alaska. Askinuk Corporation is the Scammon Bay native village corporation created by the Alaska Native Claims Settlement Act. In October 2003, the school district proposed leasing from Askinuk 20 acres of land to build and operate a new public school. The proposed lease indicated that the school district would pay $1 per year. Askinuk’s attorney reviewed the proposed lease and sent a letter to the board of directors, cautioning the board about accepting the $1-per-year rate. The attorney drafted a new proposed lease containing a proposed rate of $400 per month for the first 10 years, after which the rate would be adjusted. The parties then met to discuss the lease. The school board indicated that $1 per year was all they could afford to pay and that the rate could be subject to renegotiation after 10 years. The proposed lease was approved by shareholder vote. Askinuk fi led suit alleging, among other things, that the lease should be reformed as a result of a mistake in the price. According to Askinuk, the school board knew all along that the corporation would need to recover the fair market value of the land. Should the contract be reformed? Why or why not?
> Plaintiff pro se Wilfredo A. Golez (Golez) filed a motion to compel the work attendance records of two former coworkers who are not parties to the instant litigation. Golez states that he requires the employment records of his former coworkers to show th
> Describe the various ways in which secured interests are perfected.
> Woodcock graduated from law school and finished his MBA in 1983. His student loans came due nine months later. Because he was a part-time student until 1990, he requested that payment be deferred, which the lender incorrectly approved. Because he was not
> Carlos and Suzanne Cortez fi led their petition for Chapter 7 bankruptcy on April 8, 2004. At the time of filing, Suzanne Cortez was working, but Carlos was unemployed. Suzanne had reduced her work hours so that her minimum net income per month was $750.
> What are the required elements of a security interest?
> At the end of January 2001, while cleaning out his self-storage locker, Kim Griffith found a certificate of deposit purportedly issued by Mellon Bank, N.A., of Pittsburgh, Pennsylvania, on July 3, 1975, for the amount of $530,000 plus interest to be paya
> How are real defenses different from personal defenses to liability for a negotiable instrument?
> Evaluate the following statement: “A party can never be held liable for a negotiable instrument if he or she did not sign the check.”
> What is the distinction between primary liability and secondary liability for a signed negotiable instrument?
> A customer of Foster Bank named Choi deposited in her account a check for $133,026 that listed her as the payee. The check had been drawn on Wachovia Bank by a company called MediaEdge that had an account with that bank. Foster presented the check to Wac
> Donald Lynch purchased a check from Allied Irish Bank (AIB) in Ireland. The check was made payable to Advance Marketing and Investment Inc. (AMI) in the amount of U.S. $250.00, which was handwritten as “Two Hundred 1 Fifty” on the center line of the ch
> Morales, a native and citizen of Mexico, was arrested in 1994 for entering the United States without inspection. He was released and served with a mail-out order to show cause why he should not be sent back to Mexico. Eventually, a removal hearing was sc
> Robert Carter, an employee of National Accident Insurance, intercepted insurance premium checks totaling more than $10 million that customers made payable to the insurance agency. Carter then altered those checks by adding a slash (/) and additional paye
> Evaluate the following statement: “If a signature on a check is forged, the customer will never be responsible for the amount on the check.”
> Explain the reason for the following policy: A customer has a duty to examine her or his bank statement.
> Wachovia, a bank, made a loan in 2003 to McNamee for $150,000, and he signed a promissory note for the loan. At some point, Wachovia misplaced, lost, or destroyed the original note. The note matured in 2005, and after the loan matured, Wachovia assigned
> Rockland Industries agreed to purchase three containers of antimony oxide at $1.80 per pound from Manley-Regan Chemicals. Rockland produces drapes, and antimony oxide is used to fi reproof the drapes. A representative from Manley-Regan, David Hess, worke
> Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who after 18 months found the car was running roughly. When taking the car back to the dealership, the lessee was told that several valves in the e
> Explain what the good-faith and commercial reasonableness obligations are.
> The defendant, Sterile Technologies, Inc., purchased a sterilizer from the plaintiff, Troy Boiler Works, on an installment payment plan. The defendant was to make installment payments charged with 1.5 percent interest per month. The sterilizer was delive
> Aubrey Reeves purchased a computer system for his business from Radio Shack Computer Center. Radio Shack is the local retailer for products sold by Tandy, its parent company. During negotiations, it became clear that Reeves needed software that Radio Sha
> What determines the obligations of sellers/lessors and buyers/lessees?
> John and Jacqueline Stowers are the sole owners of Manna, a limited liability company registered to do business in the state of Ohio. Manna is a family-run enterprise that sells food and other products to its members. Manna operates from the family’s hom
> The defendant contracted with the plaintiff to design, maintain, and develop software and to host the defendant’s web page. After a falling out, the defendant moved its web page to another site and refused to honor its contract with the plaintiff. The pl
> How can good title be acquired?
> The buyer contracted with the seller for a customized machine. The seller filed to have the machine ready by the agreed-upon deadline. Twice the buyer agreed to an extension, neither of which was met by the seller. The seller then terminated the contract
> Marilyn Thomas purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn’s residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise the comp
> The two companies had an agreement by which Sunrish was providing a food product to Nutrisoya. However, Sunrich allegedly did not deliver the products covered in the contract, and Nutrisoya took the company to court for material breach of contract. The s
> On November 7, 2005, Briarwood signed an agreement to sell Toll Brothers a planned 66-acre, 41-lot subdivision property in the Village of Pomona, New York, for $13,325,000. The agreement expressly conditioned Toll’s payment obligations on Briarwood’s del
> Posh Pooch Inc., which designs couture pet carriers and accessories, convinced the Italian corporation Nieri Argenti to manufacture various fine leather and related goods for Posh Pooch. Posh Pooch picked up some of the goods in Italy, but at least seven
> When Barry Meyer asked Robyn Mitnick to marry him, he gave her an engagement ring that cost $19,500. Before the marriage, he asked her to sign a prenuptial agreement. She refused, and the engagement was broken. He asked her to return the ring, saying it
> Explain how the existence of conditions subsequent and precedent affects the discharge of a contract.
> Energy cooperative Hoosier Energy sought to move depreciation deductions that it could not use to John Hancock Life Insurance Company. Under the transaction, John Hancock would pay Hoosier Energy $300 million for a 63-year lease of an undivided two-third
> Describe the various types of rule making.
> Explain the difference between legal and equitable remedies.
> An investor brought suit against an architect after the investor lost $600,000 in a failed project. To develop the project, a real estate empire in Chicago, an LLC, the Burnham Station, was created by JDL. The investor arranged to buy shares of Burnham t
> Explain the desirability to business of allowing a transfer of rights or duties to third parties.
> Explain the difference between an assignor’s liability and a delegator’s liability after rights have been transferred to a third party.
> Why is it that incidental beneficiaries cannot enforce rights under a contract? Should they be able to enforce such rights?
> Integrate the concept of assignments with the concept of delegations.
> The plaintiff and defendant engaged in phone calls and e-mails that unambiguously indicated intent to be bound to all necessary terms of a transaction. The district court recognized these recorded communications between parties as enforceable contracts,
> A company sued a meat distribution market, claiming breach of contract following the market’s failure to pay money owed on five notices of purchases (NOPs) as well as collection of accounts under the Uniform Commercial Code, Article 9. The district court
> A seller agreed to give a buyer the first right to purchase the remainder of her property if she chose to sell it. When the seller died, the buyer filed suit against the estate, seeking the option to purchase. The two parties entered into a settlement ag
> Explain how the requirements of the statute of frauds under the UCC are different from those under the common law.
> Cleveland Construction Co, Inc., (CCI) was a general contractor building a grocery store in Houston, Texas. The company subcontracted the exaction and grading to Levco in a contract that contained a binding arbitration clause that mandated arbitration in
> Audrey Vokes was a 51-year-old widow who wanted to become an accomplished dancer. She was invited to attend a dance party at J. P. Davenports’ School of Dancing, an Arthur Murray franchise. She subsequently signed up for dance classes, at which she recei
> In 2007, Mewhinney decided to sell the contents of his wine cellar. Kurtz, as president of The London Wineman, Inc., contacted Mewhinney about the sale. London Wineman was in the business of purchasing wine from individuals and reselling it through an au
> In 1998, the governor of New York, George Pataki, formulated a $185 million plan to update old Amtrak trains. The purpose of such a project was to make the old trains faster than the more current Amtrak trains. Such a reconstruction would allow for a hig
> Distinguish innocent misrepresentation from fraudulent misrepresentation.
> Explain the difference between a unilateral mistake and a mutual mistake.
> Priscilla Howard was 16 when she signed a binding arbitration agreement with her employer, Food, Folks & Fun, Inc. She later sued her former employer on grounds that she suffered sexual harassment during her employment and that she was constructively dis
> Washington State resident Patty Gandee entered into a debt adjustment contract with Freedom Enterprises. She subsequently sought to file a class action against them for violations of the state debt adjusting act and the Consumer Protection Act. The compa
> Three salesmen worked for Sentient Jet, a small luxury airline charter service. They signed a noncompete agreement, promising not to go to work for a competing employer within a year after working for Sentient and not to take any confidential information
> What is the relationship between contracts in restraint of trade and unconscionable contracts?
> Dakota Foundry was purchasing some equipment from Tromley Industries. According to the practice of the firm, the operations manager was supposed prepare a quote on Kloster stationery, and the back of the stationery contained its standard terms and condit
> What factors determine whether a covenant not to compete is legal or illegal?
> If all you know about a man is that his neighbors think he is crazy, you do not know whether a contract he entered into was valid, voidable, or void. Why not?
> Explain the obligations of a minor who chooses to disaffirm a contract.
> In 2001, Joseph Toscano, who was employed as the general manager of a Fields Pianos store in Santa Ana, was very unhappy with his job and decided to find other employment. Toscano contacted Michael Greene, the president of San Diego–based Greene Music, b
> List the three elements of accord and satisfaction.
> List and describe the three exceptions to the preexisting-duty rule.
> Can $1 be adequate consideration? Why or why not?
> What is required to prove promissory estoppel when consideration is missing?
> List the four types of consideration described in the text.
> An oral agreement was made between multiple parties to put together some money and open a bar and restaurant. The men first had to create a joint company. However, one potential owner was not able to provide his share of the funding at the time of the co
> Attorneys, journalists, media, and legal and human rights organizations brought action against the Central Intelligence Agency, challenging the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act (FISA). In particular, they obje
> What is the mailbox rule?
> What is the mirror-image rule?
> What is the difference between an offer for a unilateral contract and an offer for a bilateral contract? Why might that difference be important to understand?
> Dr. Griffith allowed his life insurance to lapse after May 15, 2007. According to US Life’s life insurance policy, he was granted a 31-day grace period after which he would be able to reinstate his insurance by paying the balance of the unpaid bill and r
> Explain why the first question a person should ask when getting ready to analyze a contract problem is, “Is this alleged contract a contract for the sale of a good?”
> Willard W. Smith had owned a salvage yard since 1980. In 1984, the county enacted a zoning ordinance requiring a permit for salvage yards. Because the operation of Smith’s yard predated the 1984 ordinance, he was not subjected to the permit requirement.
> Explain copyright infringement.
> Smith, a satirist and outspoken critic of Walmart, created websites displaying designs and slogans that negatively parodied Walmart’s registered marks. These designs and slogans incorporated the word Walocaust, a word Smith invented by combining the firs
> List and describe the main types of fraud committed in the business context.
> Identify the distinguishing features of white-collar crime.
> Central West Virginia Energy Company, a West Virginia coal sales company, along with Massy Coal Company, a Virginia corporation, fi led a lawsuit in federal district court against Mountain State Carbon and its member companies, one of which, Severstal Wh
> What are the main distinctions between the different schools of legal interpretation?
> At Boyle’s trial, the state demonstrated that Boyle and others had committed a series of bank robberies in four states during the 1990s. A core group was involved in all the robberies, but sometimes others would also assist them. The group would meet bef
> John and Tahir Ramin were indicted on charges of conspiracy to commit mail fraud and conspiracy to commit bribery, among other charges. They were alleged to have bribed Army Major Christopher West to secure a bunkers and barriers contract, which would en
> Name and explain the two elements of a crime.
> How does the First Amendment protection of corporate political speech differ from the protection of corporate commercial speech?
> How does the contract clause affect state regulation?
> What is the purpose of the contract clause?
> How can both Sue and Sam be correct when Sue claims the commerce clause increases government’s power and Sam claims the commerce clause reduces government’s power?
> The city of Toledo, Ohio, passed the Clean Indoor Air Ordinance, which, among other provisions, required smoking to be prohibited in bars and restaurants except in separate smoking lounges that met very specific criteria. The lounge could not constitute
> Greenwood, an OSHA inspector, was driving by a construction site and thought that perhaps the site was unsafe. He got out of his car and videotaped the site, causing the foreman to ask him to leave. Greenwood also took measurements at the site and ultima
> List the three categories of agencies.
> Nicastro, the plaintiff, was using a metal-shearing machine in New Jersey when he hurt his hand. The machine was produced by J. McIntyre Machinery, Ltd., which manufactured the machine in England, where the company is based. However, Nicastro brought the
> The respondent, the Public Company Accounting Oversight Board, was created as part of a series of accounting reforms in the Sarbanes-Oxley Act of 2002. The board is composed of five members appointed by the Securities and Exchange Commission (SEC). It wa
> What are the three main powers given to agencies?
> What are the limits on agency power?
> Titan Distribution, Inc., had subcontracted with a company that provided employees, but Titan later decided to hire its own employees and end the subcontracting contract. Robert Chalfant worked for the subcontracted company, and when Titan made this chan
> Six conservation organizations filed a petition in Thurston County Superior Court, asking that court to hold, pursuant to a provision in the Administrative Procedures Act (APA), that the Washington Forest Practices Board, the Washington Department of Eco
> What is the need for a special area of law for administrative agencies? Why would not the law as it applies to businesses apply just as well to administrative agencies?
> Tyco International, a manufacturing company, sued its former CEO, Dennis Kozlowski, in regard to his receipt of unauthorized bonuses from the company profits. Among his other wrongdoings, Kozlowski awarded unauthorized special bonuses to himself and more
> Appendix 1A provides guidance for becoming a better critical thinker. A recent Forbes poll of business leaders found that the most important skill business leaders are seeking in their employees is critical thinking. As you study the appendix, why do yo
> What is enabling legislation?
> Presidential elections are partially about who will be able to select Supreme Court judges. As you look at the various alternative ways to interpret and apply the law, which of those methods of interpretation would you hope is held by your favorite candi
> The Robinsons, residents of New York, bought a new Audi car from Seaway Volkswagen Corp., a retailer that was incorporated in New York and had its principal place of business there. World-Wide Volkswagen, a company incorporated in New York and doing busi
