Law final review
Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for
fraud.
Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for
fraudulent misrepresentation.
Luc, a vehicle dealer, offers to sell Mel a truck and trailer, which Luc claims can haul a certain weight. He knows nothing about the capability of the truck, but it is not as he asserts. Mel buys the truck. On learning the truth, Mel confronts Luc, who says he was not trying to fool Mel—he was only trying to make a sale. This is
fraudulent misrepresentation.
On a transfer of real property, the new owner should promptly record the deed because recording
gives notice to the public of the new, true owner.
Holiday Corporation sells Idyll-brand campers and trailers. Under most circumstances, Holiday will be presumed to have warranted that its title to the goods is
good and valid
Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that
he is a member of a protected class.
DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of
hidden dangers.
Wild Life LLC keeps and displays domestic and wild animals in a rural setting for an interested public. Strict liability is imposed on this activity because
the activity is extremely risky.
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law
the application of the state's law to Sound's ads is preempted.
Nancy owns Office Tower, a commercial building situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to
the center of the earth and up to the sky.
The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except
to go on an extended family vacation.
Devlin is thirteen years old. Under the Fair Labor Standards Act, he cannot
work in a hazardous occupation.
This act empowers a branch of the U.S. Department of Labor to enforce its provisions governing employers that have private pension funds for their employees.
Employee Retirement Income Security Act (ERISA)
Requires same compensation for male and female employees working at the same establishment doing similar work.
Equal Pay Act
The most comprehensive federal regulation of wages and hours today, it extends wage-hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce; also prohibits oppressive child labor.
Fair Labor Standards Act
A business cannot use puffery without liability for fraudulent misrepresentation.
False
A license is a personal privilege that cannot be withdrawn or revoked.
False
A manufacturer or seller has a duty to warn about a risk that is obvious or commonly known.
False
A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.
False
A social media post cannot be used to invalidate a settlement agreement.
False
A social media post is not subject to discovery in litigation.
False
An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.
False
An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.
False
An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.
False
An exchange of e-mails cannot create a complete and unambiguous binding agreement.
False
An undisclosed principal is one whose identity is totally unknown by an agent and a third party at the time a contract is made.
False
Any group of workers can form a single union, without regard to the similarity of their jobs and the location of their workplaces.
False
For a union election to be held, the organizers must show that a majority of the workers support the union.
False
If a contractor's bid was significantly low because he or she made a mistake in adding up the total estimated costs, any contract resulting from the bid is still normally enforceable.
False
Only the federal government provides for the registration of trademarks.
False
Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.
False
The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."
False
The essential feature of undue influence is that a party being taken advantage of suffers from a mental or physical impairment.
False
The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.
False
Those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer.
False
Under the Communications Decency Act, Internet service providers are liable as publishers of defamatory statements that come from a third party.
False
Intentional confinement or restraint of another person's activities without justification; accomplished through the use of physical barriers, physical restraint, and/or threats of physical force.
False Imprisonment
Allows employees to take time off work for family or medical reasons or in certain situations that arise from military service.
Family and Medical Leave Act
Once the agency relationship between a principal and an agent has ended, the agent loses the right to bind the principal.
True
The lack of a license in certain occupations bars the enforcement of work-related contracts.
True
With a tenancy at will, either party can terminate the tenancy without notice.
True
Dana downloads music into her computer's random access memory, or RAM, without authorization. This is
copyright infringement.
Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is
copyright infringement.
Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and offers to sell the name to the mark's owner. This is
cybersquatting.
If a sales contract prohibits any changes unless they are in a signed writing, then only those changes agreed to in a signed writing are enforceable.
True
In most jurisdictions, a seller of real property is held to a duty to disclose any known, hidden defect that materially affects the value of the property.
True
Foreseeability is the test for proximate cause.
True
Freight Workers Union represents the employees of Global Shipping Company. To new employees, a union official states, "We have the power here. Join the union, or you may lose your job." Under the National Labor Relations Act, this statement
. constitutes coercion, an unfair labor practice.
Among other things, requires most employers with fifty or more full-time employees to offer health-insurance benefits.
Affordable Care Act
Prohibits employment discrimination on the basis of age against individuals forty years of age or older; also prohibits mandatory retirement for non-managerial workers and protects federal and private-sector employees from retaliation based on age-related complaints.
Age Discrimination in Employment Act (ADEA)
Prohibits disability-based discrimination in all workplaces with fifteen or more workers; requires that employers "reasonably accommodate" the needs of persons with disabilities unless to do so would cause the employer to suffer an "undue hardship."
Americans with Disabilities Act (ADA)
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat (apprehension of imminent harm); no actual contact is required.
Assault
The unprivileged, intentional touching of another; unexcused and harmful or offensive physical contact intentionally performed by person or some force set in motion; no physical injury required.
Battery
Enables employees to continue for a limited time at their own expense, their health-care coverage after they are no longer eligible for group health-insurance plans.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against
Crabapple.
Requires contractors and subcontractors working on federal government construction projects to pay "prevailing wages" to their employees.
Davis-Bacon Act
Generally prohibits employers from requiring, suggesting, or requesting employees or job applicants to take lie-detector tests
Employee Polygraph Protection Act
Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.
True
Under this act, both employers and employees contribute to Social Security and Medicare, although the contributions are determined differently; the employer withholds the employee's contributions from the employee's wages and ordinarily matches the contributions.
Federal Insurance Contributions Act (FICA)
A misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
Fraudulent Misrepresentation
Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on negligence. To win, Hadrian must show that
Garden Tool did not use due care with respect to the saw.
Contains provisions that affect employer-sponsored group health plans; restricts the manner in which employers collect, use, and disclose the health information of employees and their families.
Health Insurance Portability and Accountability Act (HIPAA)
An intentional act that amounts to extreme and outrageous conduct resulting in a severe emotional suffering of another; must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society.
Infliction of Emotional Distress
Intrusion on individual's affairs or seclusion, publication of information that places a person in false light, or public disclosure of private facts.
Invasion of Privacy
Prohibits certain unfair union practices such as closed shops, and allowed individual states to pass right-to-work laws.
Labor Management Relations Act (Taft Hartley Act)
Established an employee bill of rights and reporting requirements for union activities.
Labor-Management Reporting and Disclosure Act
Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue
Ladd.
Any written (or digitally) published or public false statement having the quality of permanence that causes injury to another's good name, reputation, or character.
Libel
Made discriminatory wages actionable under federal law regardless of when the discrimination began.
Lilly Ledbetter Fair Pay Act
Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on
MC, National Sales, or Open Road
Establishes the National Labor Relations Board; also establishes the right of workers to strike and engage in collective bargaining.
National Labor Relations Act (Wagner Act)
Allows employees to organize and protects peaceful strikes by limiting the injunction powers of federal courts.
Norris-LaGuardia Act
The primary legislation protecting employees' health and safety at the federal level, it imposes on employers a general duty to keep the workplace safe and establishes specific safety standards that employers must follow, depending on the industry.
Occupational Safety and Health Act
Any spoken public false statement having that causes injury to another's good name, reputation, or character.
Slander
A sweeping reform, this prohibits job discrimination against employees, applicants, and union members on the basis of certain protected classes.
Title VII of the Civil Rights Act
A business firm has a duty to exercise reasonable care to protect its business invitees.
True
A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.
True
A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.
True
A valid deed must contain words indicating an intent to convey (transfer) the property.
True
An Internet service provider can disclose personal information about its customers only when ordered to do so by a court.
True
An excessive price for goods and unequal bargaining power can indicate to a court that a sales contract is unconscionable.
True
Digital sampling can constitute copyright infringement.
True
Makes military service and status a protected class and gives members of this class the right to sue an employer for violations; prohibits discrimination against persons who have served in the military.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Requires that a minimum wage, as well as overtime pay at 1.5 times regular pay rates, be paid to employees of manufacturers or suppliers entering into contracts with agencies of the federal government.
Walsh-Healey Act
The most comprehensive federal regulation of wages and hours today, it extends wage-hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce; also prohibits oppressive child labor.
Worker Adjustment and Retraining Notification (WARN) Act
Causing harm when a third party uses predatory methods to end an established business association, and damages are recoverable.
Wrongful Interference with a Business Relationship
Intentionally inducing a party to breach a valid, enforceable agreement between two parties by a third party that knows that agreement exists.
Wrongful Interference with a Contractual Relationship
Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely
a "fair use."
Analytics LLC processes misinterpreted data furnished by Botch Services to propose a marketing plan for Clientele Inc. Analytics and Clientele are both ignorant of the mistaken data. Their contract can be rescinded on the basis of
a bilateral mistake
Brie buys a subscription to music provided by Concerto, an online streaming service. Before gaining access, Brie must agree to a provision stating that she will not make and sell copies of the music. This provision is
a click-on agreement.
State University provides housing on campus and in some adjacent off-campus neighborhoods. To lease a university house or apartment, a person must be a student at State. This requirement is
a condition
Richard owns Scholars Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is
a fee simple absolute.
Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is
a fixed-term tenancy.
Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is
a joint tenancy.
Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona
a life estate.
Drain Equipment Inc. contracts to sell its assets to Excavation Corporation. Before either party has performed, rescission of this contract requires
a mutual agreement to rescind.
Ché has an easement that allows him to drive across Dale's land to get to Ché's house. With respect to Dale's land, Ché's right is
a nonpossessory interest.
Gliders LLC and Hang Time Inc. are parties to a contract. They subsequently agree that In the Wind Inc. should take Gliders' place and assume all of its rights and duties under the contract. This is
a novation.
Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is
a patent.
Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is
a periodic tenancy.
Logging Corporation has a right to go onto Mountain Timber Company's land and harvest select trees. Logging's right is
a profit
Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This is
a quitclaim deed.
Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as
a reasonable person.
Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is
a service mark.
Khe says, "I plan to sell my Apple stock." This is not an offer because
a statement of future intent to do something in the future is not an offer.
Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is
a tenancy in common.
Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is
a trade name
InfoFree Inc. makes and sells devices and services for the circumvention of encryption software. Under the Digital Millennium Copyright Act, this is
a violation of copyright law.
Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for
all of the choices
Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of
all of the choices
Works that are copyrightable include
all of the choices
Information that may be protected as trade secrets includes
all of the choices.
Watercraft Inc. employs Vern as a sales agent for a trial period. At the end of the period, Watercraft and Vern disagree on the amount of the commissions Vern is due for sales that he made. Vern may demand
an accounting
Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider
an available alternative design.
Marketing Inc. offers to create a campaign to increase N'Ice Cream Inc.'s online business. N'Ice agrees to pay for the service. These parties have
an express contract.
Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. In this capacity, Rosario is
an independent contractor.
The distinction made under agency law between employee and independent-contractor status is important because federal employment laws
apply only to the employer-employee relationship.
The brakes on a train owned by Rolling Stock Railway Inc. malfunction. The train rolls towards maintenance workers on the tracks. Everyone gets out of the way except Sid, who wants to show off. The train hits Sid, who sues Train Components, Inc., the brakes' manufacturer. Train Components can raise the defense of
assumption of risk
An affirmative action plan may be found to be constitutional if it
attempts to remedy past discrimination.
Vera is a purchasing agent for Wild-Caught Fish Inc., with the authority to buy a sea fisher's catch up to a certain quantity. After the fish is bought, the agency relationship terminates
automatically.
Chair Company contracts to deliver a dozen suites of dining room tables and chairs to Furniture Store on May 1. On April 15, Chair tells Furniture that delivery will be delayed until June 1. Furniture may
await performance, sue Chair, or suspend its own performance.
Jamal and Keri enter into a contract for Jamal to renovate Keri's house by a certain date. Jamal never performs. After the applicable limitations period has passed, Keri decides to bring a suit against Jamal for breach. This suit
can no longer be brought.
Trespass to land is committed if, without the permission of the property owner, a person
causes water to back up onto the property.
Beck and Carli are married. Carli purchases a condominium near Downhill Ski Resort. Beck and Carli each technically own an undivided one-half interest in the condo. This is
community property.
Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal's product liability suit against Plank, the company can most successfully raise the defense of
comparative negligence.
Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is
defamation.
Midtown Holdings Inc. contracts to sell a commercial parking garage to Nuevo Property LLC. The contract provides that if Midtown does not close the deal by a certain date, it must pay the buyer one-half of the value of the property. This provision is not enforceable if it is
designed to penalize midtown
Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is
disparate-impact discrimination.
Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. Between Shipping and its customers, the UETA applies if the parties agree to conduct transactions by
electronic means
Holes Inc. begins digging a foundation at a construction site for Investment Company under a contract for a certain price. After six months, Holes demands a higher price because of extraordinary difficulties that were totally unforeseen at the time the contract was formed. An agreement to pay the higher price is
enforceable due to unforeseen difficulties.
Federal overtime provisions only after a covered employee works more than
forty hours in a week
Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery
even if Ichiro was only slightly at fault.
Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by
express contract.
The Americans with Disabilities Act applies to workplaces with at least
fifteen workers
To obtain the title to land without delivery of a deed, one person must possess the property of another
in an open, visible, and notorious manner.
Ira serves in a representative capacity for Jett. Key is injured through Ira's negligence. Jett may be liable to Key if Ira's conduct occurred
in the course and scope of Ira's employment.
Jon contracts with Kino to buy a certain number of sheep for Kino's Animal Farm. Jon makes a deal with Lila for the sheep, but neither Jon nor Kino pays the price. Lila sues Jon for breach. Jon's right to hold Kino liable for any damages is the right to
indemnification.
Hal posts online secretly recorded videos of Ida and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for
invasion of privacy
Mara and Nim enter into a contract for a sale of orchids that requires payment within thirty days of delivery. Under the UCC, the payment term in the contract
is fully enforceable.
Lunchies Corporation, a U.S. firm, signs a contract with Manger au Brasserie, S.A., a French firm, to give Manger the right to use the Lunchies trademark in restaurants in France. This is
licensing.
Financial Accountants P.A. is a private employer. In most circumstances, federal law generally prohibits Financial from subjecting its employees to
lie-detector tests.
Applied Analytics Company encourages its employees to join a union, pays union workers for time spent on union activities, and provides financial aid to the union. Under the National Labor Relations Act, these acts
may constitute improper domination, an unfair labor practice.
Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of
merit
Ciera is injured when a roofing tile breaks free, falls from the roof of a building, and strikes her. If Ciera brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for
monetary losses, such as medical expenses.
Ben takes temporary family leave from his job at Car Sales Company to care for a newborn baby. With respect to the employee's health-care coverage, during the leave, under the Family and Medical Leave Act, the employer
must continue it
Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for
negligence.
Grass Farm LLC offers to sell fifty bales of hay at a certain price to Horse Stable Inc. The owner of the stable responds, "We agree if you agree to make it 100 bales for the price." Their contract is formed according to
none of the terms
Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover
nothing.
Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are
obvious.
Lucia is married to Marco. Lucia buys food for their children's lunches and charges the cost to Marco's account. This is an agency by
operation of law
With increasing industrialization, workers came to believe that to counter the power and freedom of employers, and to protect themselves, they needed to
organize into unions
Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that
other persons of her race hold similar positions with similar employers.
Steel Mill Inc. employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except
pay employees higher wages for working in more dangerous areas.
Good Samaritan statutes were passed largely to protect, in emergency situations,
physicians and medical personnel.
Petro Parts Inc. makes and sells parts for the repair of motor vehicles. Olsen suffers a loss when a defective Petro part causes damage to her car's engine. With respect to Olsen's product liability suit against Petro, an applicable statute of repose
places an outer time limit on bringing the suit.
Erol works for Food Packing Company. Erol's supervisor Gwen writes a negative review of Erol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense
privilege.
Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant's best defense is most likely
product misuse.
A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded punitive damages to
punish the defendant and deter others from similar wrongdoing.
The state of Nevada enacts a usury statute. With respect to different types of transactions, including ordinary loans, the purpose of the statute is to
set a maximum rate of interest.
During tough economic times that are neither sudden nor unexpected, an employer's need to reduce labor costs is
suitable for resolution by collective bargaining.
Bakery LLC hires Cora to sell the company's products in a certain area. The company agrees to pay Cora a salary, plus commission, for a trial period. They also agree that she can sell using any methods and during any hours that seem appropriate. The key factor in whether Cora is an employee is
the degree of the employer's control over the details of the work.
Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached
the duty of obedience
Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in
the employer's liability for breach of contract.
Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by
the federal government
Cindy, a real estate agent, sells her friend Doug's house without charging a commission. In return, Doug promises to give Cindy $1,000. This promise is not an enforceable contract because
the house has already been sold—the consideration is past.
Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that
the ladder was in a defective condition when Steps & Rungs sold it.
Stents Inc. makes medical devices. Toni files a product liability suit against Stents, alleging a warning defect with respect to its device. In deciding whether to hold the maker liable, the court may consider whether
the omission of a warning rendered the device not reasonably safe.
Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land and determine its fair value to be paid to the private owner. This is
the power of eminent domain.
Builder Inc. and Concrete Supply Company enter into a contract for a sale of cement. Concrete delivers, but Builder does not pay. Concrete can recover as damages
the purchase price plus incidental damages.
Jo owns a condominium that she leases to Kia. Jo gives her daughter Liu $450 on her sixteenth birthday. Jo sells her car to her neighbor Maia for $1,500. Article 2 of the UCC covers
the sale to Maia.
Runners Feet, a shoe store, orders one hundred pair of athletic shoes from Speedster Inc. Absent a contrary agreement between the parties, title will pass to Runners Feet when
the seller physically delivers the goods.
Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if
the statement is false.
Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is
trademark dilution.
Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely
trademark infringement.
Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed
trespass to personal property.
Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed
tresspass to land.
Russ registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is
typosquatting.
Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants
under no circumstances.
The rules of the National Labor Relations Board expedite union elections by allowing as few as ten days to pass between the filing of a petition and the ensuing election. This short timeline favors
unions, because employers have little time to respond to organizers.
Ocean Inc., a seafood distributor, agrees to buy from Pai, a commercial fisher, any "overstock" of fish that he catches in excess of the legal limit. This agreement is most likely
void
