BLAW 341 Case Studies
Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a: -trade secret. -trademark. -patent. -copyright.
trade secret.
LaVon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July. The first Friday, the crowd loved Nathan. The second Friday, they booed him. The next week, Nathan got a better offer, so he hired his twin brother Ethan to fill in for him at LaVon's club. Can LaVon compel Nathan to perform? -No, she can't compel him because Nathan has gotten a better offer. -Yes, she can compel him under the equitable remedy of specific performance. -No, she can't compel him because Ethan is an acceptable substitute for Nathan. -Yes, she can compel him under the theory of quasi-contract because LaVon had relied on Nathan's promise and she has printed posters and advertisements.
Yes, she can compel him under the equitable remedy of specific performance.
Manuel contracts to sell a painting that was painted by his deceased grandmother, then has a change of heart and decides to hang it in his own bedroom. He notifies Nadine, the person who had planned to buy it. Can Nadine have the contract enforced? -No, it can't be enforced because Manuel canceled the contract before it was executed. -Yes, it can be enforced under the theory of quasi-contract because Nadine had relied on Manuel's promise. -No, it can't be enforced because this is of a personal nature, and Manuel retains the rights to the painting. -Yes, it can be enforced under the equitable remedy of specific performance.
Yes, it can be enforced under the equitable remedy of specific performance.
Alvin's Department Store agrees over the telephone to purchase $1,000 worth of blankets from Blanket Emporium. Blanket Emporium sends an invoice for the blankets before shipping them, and Alvin's Department Store refuses to go forward with the deal, saying their deal is not a valid contract. The oral agreement between Blanket Emporium and Alvin's Department Store for the purchase of $1,000 worth of blankets: -does not violate the statute of frauds, and is, therefore, enforceable. -does not violate the statute of frauds because it can be completed within one year. -does not violate the statute of frauds because it is not for the sale of real estate. -violates the statute of frauds, and is, therefore, unenforceable.
violates the statute of frauds, and is, therefore, unenforceable.
If Ramona changes her will at age 88 to leave the bulk of her fortune to her home health care nurse instead of her children, what factor will the courts consider in judging whether or not her will is valid? -fraudulent misrepresentation -undue influence -mistake -duress
undue influence
Jordynne was the manager of Pets-R-Us, a pet store in Southern Valley Mall. Pets-R-Us had a one-year lease, and rent payments were $2,000.00 per month. Five months into the lease, Jordynne found a better site for the pet store. She notified Southern's manager, vacated the mall, and moved her store to its new location. After two months, Southern was able to re-lease the premises to another retail store, but at a reduced rent of $1,800.00 per month. If Southern successfully sues Pets-R-Us, Southern will likely receive: -$5,000.00 in damages. -$4,000.00 in damages. -$14,000.00 in damages. -nothing, because Southern was successful in obtaining a new tenant for the property.
$5,000.00 in damages.
Huseyin and Ashish are negotiating the details of a new garage that Ashish plans to build on Huseyin's property. They agree on the building specs, the delivery date, and a price of $25,000. Ashish draws up the contract and sends it to Huseyin to sign. Huseyin reviews the contract and notices the price is listed as $2,500 instead of $25,000. Elated at the unbelievably low price, Huseyin quickly signs the contract and sends it back to Ashish, who signs it as well. If Ashish later tries to rescind the contract due to the mistaken price: -Ashish will be successful, because it is a mathematical mistake that Huseyin was aware of. -Ashish will not be successful, because a unilateral mistake is not a basis to rescind a contract. -Ashish will be successful, because the parties made a mutual mistake. -Ashish will not be successful, because parol evidence is not admissible to disprove the terms of a written contract.
Ashish will be successful, because it is a mathematical mistake that Huseyin was aware of.
Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that: -Dakota's novels will be protected if the United States has signed the Berne Convention. -Dakota's novels are only protected in the United States. -Dakota's novels will be protected if Australia has signed the Berne Convention. -Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.
Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.
Logan agrees to deliver fifty pounds of crab claws to Dominique by May 15. Dominique needs the crab claws for a wedding party that Dominique is catering on May 16, so time is of the essence of the contract. Logan contacts Dominique on May 15 and tells Dominique that the earliest Logan can deliver the crab claws is on May 17. Dominique cancels the order and quickly makes other arrangements for the wedding party she is catering. Logan then demands payment from Dominique for the full contract price, and Dominique refuses. If Logan sues Dominique for damages under the contract: -Dominique will have to pay Logan the difference between what Logan was charging for the crab claws and what Dominique eventually paid. -Dominique will not have to pay because Logan breached the contract. -Dominique will have to pay or be in breach of contract. -Dominique will have to pay, but Logan must deliver the crab claws.
Dominique will not have to pay because Logan breached the contract.
Evan offers to sell his 2016 John Deere Tractor to Jorge for $30,000. Jorge accepts and promises to meet Evan on Saturday to make the exchange. On Thursday, a fire on Evan's farm totally destroys the tractor. Jorge is upset, because the price of the tractor was really good, and he knows he cannot get another one for that price. If Jorge sues Evan for breach of contract, the likely result will be that: -Evan will have to pay Jorge the difference between the sales price of the tractor and the price Jorge must pay to find a replacement. -Evan must find a replacement tractor for Jorge, because the court is likely to award specific performance as a remedy. -Evan's performance under the contract will be excused due to impossibility of performance. -Evan's performance under the contract will be excused due to material alteration.
Evan's performance under the contract will be excused due to impossibility of performance.
Danny hires Evelyn to install a swimming pool at Danny's home for $40,000, to be completed by June 1. Evelyn completes the job on time. When Danny inspects the pool, he discovers that Evelyn used a vinyl lining, and the contract called for a fiberglass lining. Danny refuses to pay Evelyn, stating that Evelyn breached the contract because the contract was not completed according to the specifications stated in the contract. If Evelyn sues Danny for the contract price: -Evelyn will probably receive restitution for any expenses she has incurred. -Evelyn will receive nothing because performance under the contract was not complete. -Evelyn will probably receive the contract price less the cost to replace the pool liner with a fiberglass liner. -Evelyn will probably receive the full contract price.
Evelyn will probably receive the contract price less the cost to replace the pool liner with a fiberglass liner.
Gavin and Allison are having drinks after work. After several rounds, the topic of Gavin's sports car comes up. Gavin is extremely proud of his sports car and brags about it all the time. To impress Allison, Gavin offers to sell Allison his expensive sports car for $5,000. Allison jumps at the deal, because she knows the car is worth much more than $5,000. They even write the "deal" down on a napkin, and both Gavin and Allison sign the napkin. The next morning, when Allison brings $5,000 to purchase the sports car, Gavin explodes. Gavin tells Allison that he was just kidding and that he would never sell his expensive sports car for such a low price. When Allison tries to enforce the deal: -Neither Gavin nor Allison can rescind the contract because it is in writing. -Gavin can either rescind the contract based on incapacity or ratify the contract. -Either Gavin or Allison can rescind the contract based on incapacity or ratify the contract. -Allison can either rescind the contract based on incapacity or ratify the contract.
Gavin can either rescind the contract based on incapacity or ratify the contract.
Otto orally agrees to install three wells for Green Space Energy over the next eighteen months. When the three wells are completed, Green Space Energy will pay Otto $10,000. After the first well is completed, Green Space Energy tells Otto that it does not want any more wells. Green Space Energy refuses to pay Otto for the first well, claiming that the contract was not in writing and, therefore, not enforceable. If Otto sues Green Space Energy to enforce the contract: -Green Space Energy will not have to pay Otto anything because the contract was for real estate. -Green Space Energy will have to pay Otto a reasonable price for the one well that was installed. -Green Space Energy will have to pay Otto the full contract price because Green Space Energy breached the contract. -Green Space Energy will not have to pay Otto anything, because the contract could not be completed within one year.
Green Space Energy will have to pay Otto a reasonable price for the one well that was installed.
Elvis agrees to provide guitar lessons to Angela's niece for three months for $600. Angela decides her niece really is not interested in guitar lessons, and assigns her rights under the contract to Jose, so Jose can use the lessons for his daughter. When Jose contacts Elvis to set up the first guitar lesson for his daughter: -Elvis will be obligated to provide guitar lessons to Jose's daughter because this is a valid assignment. -Elvis will be obligated to provide guitar lessons to both Jose's daughter and Angela's daughter. -Jose cannot enforce the contract against Elvis, because contracts are not assignable unless they contain a clause making them assignable. -Jose cannot enforce the contract against Elvis because the contract is for personal services.
Jose cannot enforce the contract against Elvis because the contract is for personal services.
Bryan owns Snow Country, a business that leases out snow cone stands. Kaylee agrees to lease one of the snow cone stands for $500 per month. Kaylee and Bryan sign a written contract that states the monthly lease amount is $5,000. When Kaylee refuses to pay the $5000 for the first month's rent, Bryan sues for breach of contract. If Kaylee tries to introduce evidence in court that shows that the amount stated in the written contract is incorrect: -Kaylee will only be allowed to introduce evidence under the parol evidence rule if Bryan agrees to allow it. -Kaylee will not be allowed to introduce the evidence because oral testimony can never be introduced in court to dispute a written contract. -Kaylee will not be allowed to introduce the evidence under the parol evidence rule. -Kaylee will be allowed to introduce the evidence under the parol evidence rule.
Kaylee will be allowed to introduce the evidence under the parol evidence rule.
Midwest Life Insurance sells a life insurance policy to Thiago. Under the terms of the contract between Thiago and Midwest Life, Thiago will pay $75 per month for the policy, and, upon Thiago's death, Midwest Life will pay $100,000 to Laurelei. Four years later, Thiago dies, and Midwest refuses to pay under the terms of the policy. The party entitled to sue Midwest for its failure to honor the terms of the contract is: -Laurelei, because she is a donee beneficiary. -Laurelei, because she is a creditor beneficiary. -Laurelei, because she is an incidental beneficiary. -Thiago's executor, because the only party to the contract with Midwest is Thiago, and Thiago is deceased.
Laurelei, because she is a donee beneficiary.
Lupita enters into a contract with Faith to purchase a used car. At the time they sign the contract, Lupita appears to be very intoxicated. Faith notices this but signs the contract anyway. If Lupita later decides she wants to get out of the contract: -Lupita can raise the defense of lack of contractual capacity due to intoxication. -Lupita can raise the issue of undue influence, because Faith took advantage of Lupita while she was drinking. -Lupita cannot get out of the contract even though she had been drinking excessively. -Lupita cannot get out of the contract if both parties signed it.
Lupita can raise the defense of lack of contractual capacity due to intoxication.
Selma wants to buy Matilda's house. Selma has been admiring the house for a long time and has asked Matilda repeatedly to sell the house to her, but Matilda has always refused. Finally, Selma tells Matilda that if Matilda does not sell Selma the house, Selma will kill Matilda's daughter. Afraid for her daughter's life, Matilda signs the contract to sell the house to Selma. If Matilda later tries to rescind the contract: -Matilda may not rescind the contract because it has all the elements of a valid contract. -Matilda may rescind the contract on the grounds of undue influence. -Matilda may rescind the contract on the grounds that she signed the contract under duress. -Matilda may rescind the contract on the grounds of unconscionability.
Matilda may rescind the contract on the grounds that she signed the contract under duress.
Korbyn enters into a contract with Peyton to sell Peyton a 1956 roadster. The contract has a condition precedent that the roadster will pass inspection by an independent appraiser, verifying that the roadster contains all original parts and is in good working order. This contract provision means that: -Peyton must pay for the roadster at the time of contracting, and Korbyn will then order the appraisal. -Peyton must have the appraisal completed within thirty days of performing the contract and provide the results to Korbyn. -Peyton is not required to perform under the contract until the appraisal is complete. -if the appraisal is not satisfactory to both parties, the contract price will be adjusted accordingly.
Peyton is not required to perform under the contract until the appraisal is complete.
Ruby, a seventeen-year-old, purchases a car from Smitz Used Auto Sales and agrees to pay for it over a period of twenty-four months. Ruby makes the payments for four months but then decides the car payment is too much for her limited budget. Ruby tells Smitz that she wants to stop making payments and that she wants out of the contract completely. The contract between Ruby and Smitz can be canceled by: -Ruby, because she is a minor, but Ruby must return the car. -Smitz, because Ruby is a minor, but Smitz must allow Ruby to keep the car. -Smitz or Ruby, because Ruby is a minor, and Ruby may keep the car. -Ruby, because she is a minor, and Ruby may keep the car.
Ruby, because she is a minor, but Ruby must return the car.
Nadia needs help running her bakery. Nadia contacts her friend Zoey, who has baking experience but lives in another state, and offers Zoey a job. Nadia orally promises Zoey that she will employ Zoey for at least two years. Zoey quits her job in the other state, moves her family, and begins to work for Nadia. After three months, Nadia terminates Zoey's employment. Zoey sues Nadia, claiming they had a contract for two years. If Nadia defends the lawsuit by claiming the contract could not be enforced because it violates the statute of frauds, the court will likely hold in favor of: -Zoey, under the theory of promissory estoppel. -Nadia, under the theory of promissory estoppel. -Zoey, because the agreement violated the statute of frauds. -Nadia, because enforcement of the promise is necessary to avoid injustice.
Zoey, under the theory of promissory estoppel.
Jayden is restoring a house for Jane when Hurricane Emma hits and washes out the foundations of the house. The cost for restoration has just increased by 400%. Under what principle may Jayden's obligations be excused? -commercial impracticality -statute of limitations -impossibility -insurable interest
commercial impracticality
Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has: -committed copyright infringement if she sells the textbook back to the bookstore at the end of the semester. -not committed copyright infringement because her actions are permissible under the first sale doctrine. -committed copyright infringement because her actions are not permissible under the first sale doctrine. -not committed copyright infringement whether or not she sells the textbook back to the bookstore at the end of the semester.
committed copyright infringement because her actions are not permissible under the first sale doctrine.
In January, Victor contracted with Delrita to cater a Cinco de Mayo (May 5th raised to the th power) party for 500 of his closest friends. Neither of them anticipated that their entire state would be under stay-at-home orders on May 5 due to a global pandemic. Under what principle may Victor cancel his contract with Delrita? -statute of limitations -frustration of purpose -time is of the essence -commercial impossibility
frustration of purpose
Marie and Molly enter into a written contract to sell Marie's home to Molly. At the time the contract is executed, Marie tells Molly that for the last six months she has been sharing the home with a family of extraterrestrial beings. Marie states that she has asked the extraterrestrials to move out, but they won't; therefore, she is selling the family home to get rid of them and is willing to sell the home to Molly for well below market price. After the sale of the home is complete, Marie's children challenge the sales contract on the grounds that Marie did not have the mental capacity necessary to enter into a contract, even though Marie has not been declared incompetent by the courts. The contract between Marie and Molly can be rescinded: -only if Marie's children have Marie committed. -if Marie's children can prove that Marie lacked the mental capacity to comprehend the nature, purpose, and consequences of the contract. -under no circumstances, because Marie was not adjudicated insane before she signed the contract. -by either Marie or Molly.
if Marie's children can prove that Marie lacked the mental capacity to comprehend the nature, purpose, and consequences of the contract.
Harold offers to sell Emma his farmland in Bryson County. After discussing the sale at length in front of their friends Nicole and Jackson, Harold and Emma orally agree on a price of $120,000 for the land. The next day, Emma goes to the bank and withdraws $120,000 to pay Harold for the land. When Emma presents the $120,000 to Harold, Harold tells Emma he was just joking and does not wish to sell the land. Emma tries to enforce the deal, and Harold continues to refuse by saying that the deal was not in writing, and, therefore, it is unenforceable. The contract between Harold and Emma for the sale of the land: -is not enforceable because it violates the statute of frauds. -is enforceable because it complies with the statute of frauds. -is not enforceable because of the theory of promissory estoppel. -is enforceable, because there are witnesses to the deal.
is not enforceable because it violates the statute of frauds.
Shania offers to sell her lakefront property to Tonya for $150,000, and Tonya agrees to buy it. Tonya and Shania both sign the real estate contract, but, before they close the deal, Shania learns that a new resort is being opened on the lake. The opening of the resort will drive property prices up in the area, so Shania believes she can sell her property to someone else and get a better price on the deal. Shania tells Tonya that she has decided not to sell the property to Tonya. If Tonya sues to enforce the contract, a court will likely: -grant specific performance by requiring Shania to find a comparable piece of land for Tonya at a comparable price. -not enforce the contract, because people are free to choose to whom they sell their property. -award monetary damages to Tonya. -require Shania to go through with the sale.
require Shania to go through with the sale.
Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution: -she can keep the formula a secret forever. -she can keep the formula a secret for twenty years. -she must reveal the formula, and others can copy the formula, although they must pay a fee to the U.S. Patent Office to do so. -she must reveal the formula, but has the sole right to produce and sell it for twenty years.
she must reveal the formula, but has the sole right to produce and sell it for twenty years.
Landscape Supply agrees to provide Delta Lawn Service eight pallets of sod for the price of $260 per pallet. The agreement contains the following provision: "This Agreement may not be amended or modified except by an instrument in writing signed by the party to be charged with such amendment or modification." Delta decides it now needs 160 pallets of sod, and Landscape is willing to reduce the price to $255 per pallet because of the increased amount. Delta and Landscape can accomplish this change to the contract by: -crossing out the incorrect language and replacing it by hand with the correct terms or rewriting the entire contract to include the changed provisions. -signing an amendment or rewriting the entire contract to include the changed provisions only. -crossing out the incorrect language and replacing it by hand with the correct terms only. -signing an amendment, crossing out the incorrect language and replacing it by hand with the correct terms, or rewriting the entire contract to include the changed provisions.
signing an amendment, crossing out the incorrect language and replacing it by hand with the correct terms, or rewriting the entire contract to include the changed provisions.
Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated: -the Digital Millennium Copyright Act. -the Digital Millennium Patent Act. -no law. -the Software Copyright Act of 2019.
the Digital Millennium Copyright Act.