CLAW Exam 2
Oxley contracts to buy a pizza oven from Restaurant Supplies Warehouse (RSW) for $2,500, but RSW fails to deliver. Oxley buys the appliance elsewhere for $3,500. Oxley's measure of damages is
$1,000 plus incidental damages
Clay offers to pay Dian $50 for a golf lesson for Ewan. They agree to meet on Friday to exchange the cash for the lesson. These parties have
a bilateral contract
Quinn contracts to provide ten tons of scrap steel at $500 per ton to Rendered Materials, Inc. An unforeseen shortage of scrap steel suddenly develops, making it impossible for Quinn to fulfill the contract for less than $5,000 per ton. Quinn's best defense against performing the contract would be that
performance of the contract is commercially impracticable
Robert registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com-. this is
typosquatting
Property Management, Inc. (PMI), presents a standard-form lease for an apartment to Quentin, a potential tenant. PMI offers it on a take-it-or-leave-it basis. Quentin signs it, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the ground of
unconscionability
Industrial Engineering, Inc., promises to give stock options too Jasmine for processes she has already designed for the firm. This promise is enforceable
under no circumstances
Edie uses TV ads to defraud millions of people. She can most likely be charged with
wire fraud
Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is...
a distributed network
ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is
cloud computing
Daniel is a trustee for a federal bankruptcy court. Daniel's duties include
collecting the debtors available estate
Quiana, an employee of Reservations for Less, Inc., pays Sven, an employee of Reservations for Less' competitor Travel Cheap, Inc., for a secret company pricing schedule. This may be
commercial bribery
Kevin obtains a loan from Liberty Credit Bank at an interest rate that exceeds the state's maximum. Liberty has
committed usury
Jo files a voluntary petition for bankruptcy under Chapter 7. The court will likely deny a discharge of her debts if she...
conceals records of her financial condition to defraud a creditor
Home Remodelers, Inc., and Imogen enter into a contract for a sale of cabinets and countertops. Home Remodelers, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
fit for the ordinary purpose for which such goods are used.
Cassie files a voluntary petition in bankruptcy for relief through a liquidation proceeding. Among her debts that will not be discharged are claims
for money to be paid for goods not delivered
Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO
for the commission of any fraud
Jordan reaches into Ken's pocket and takes his wallet--without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve
force or fear
Rico borrows $110,000 from Sterling Bank to buy a home. If he fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. This is
foreclosure
Chad signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market, this is...
forgery
Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to customers. This is most likely
forgery
Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The parties to the shrink-wrap agreement are
Greta and Due on Receipt, Inc.
Guido and Hal want to rescind their contract under which Guido sold Hal a mountain bike for $100. To rescind the contract
Guido must return the $100 and Hal must return the bike
Household Products Corporation sells Ideal-brand vacuum cleaners to Jolly Discount Stores and other retailers. Household will have an insurable interest in the cleaners as long as
Household retains title to the goods
Leon contracts to install automatic water troughs in Kendall's dairy barn. Leon then becomes seriously ill and contracts with Jake to install the troughs. In most states, Kendall can sue
Jake or Leon
Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include
Answer: all of the choices Choices: divestiture or dissolution of Sandy's business, imprisonment for up to 20 years, a fine of up to $25,000 per violation
To adjust debt and institute a repayment plan, Don, a family fisherman in the Pacific Ocean off the coast of Alaska, may file a petition in bankruptcy for relief under the Bankruptcy Code's Chapter
Chapter 12
Leslie pays Mobile Electronics $600 for a new phone. Under the UCC, this is
a sale
Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act, alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, a recovery may include
actual damages and profits in any account
Medico Inc. enters into a contract to sell medical supplies to New Hospital Corporation, which sells some of the items to Physicians Clinic, which later sells them to Oscar, a patient and consumer. Article 2 of the UCC applies to the sales transactions between
all buyers and sellers
Real Gear Corporation enters into a contract to sell ski equipment to Sno-Sports Inc., which sells a pair of the skis to Tyra, a consumer, who later sells them to Upton, another consumer. Article 2 of the UCC applies to the sales transaction between
all of the buyers and sellers
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
Ozzie files a petition in bankruptcy for relief through an individual's repayment plan. He is granted discharge. Debts that will not be discharged include claims for
allowed claims not provided for by the plan
Patty files a petition in bankruptcy. At the moment of filing
an automatic stay goes into effect
A valid contract requires
an offer and an acceptance
Brian offers Carly a dozen piano lessons for a certain price per lesson but conditions the deal on Carly accepting the offer by April 1. Brian may revoke the offer
before Carly accepts the offer
Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are
cookies
Dana downloads music into her computer's random access memory, or RAM, without authorization. This is
copyright infringement
Bond, the owner of CinePlex, trusts Dex to manage the theater's daily cash flow. One night, without Bond's knowledge or consent, Dex takes and keeps $1,000 from the receipts. This is most likely
embezzlement
Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is
embezzlement
Builders Construction files a voluntary petition for bankruptcy. In listing its assets, Builders intentionally omits certain assets, including plots of undeveloped real estate. After Builders is granted a discharge, Commercial Electric, one of Builders unsecured creditors whose claim were discharged, learns of the fraud. Commercial Electric can
enforce its claim against Builders
While sailboarding, Jolene is injured when Kirby carelessly crosses her path. Kirby's insurance company offers Jolene $50,000 to release Kirby from liability, and she accepts. Later, she learns that her injuries are more serious than she realized. The release is
enforceable
Kim enters into a contract to lease an apartment from Laurel Wood Apartments. The lease contains an exculpatory clause. The clause is
enforceable if it releases the landlord from liability regardless of fault
Lou offers to service Millie's heating and air conditioning system for one year for $500. Under the mirror image rule, Millie's response will be considered an acceptance if the terms of the acceptance
exactly mirror those of the offer
Kali contracts to sell Leony her car for $3,000. This contract will be fully discharged when Kali and Leony
exchange the car for the $3,000
Mineral Ltd. contracts to provide several manufacturers with tin. When a cartel of tin-producing countries suddenly embargoes future shipments of tin to Materials so that it cannot fulfill its contracts, the distributor
is excused from the performance of its contracts
Orin signs a covenant not to compete with his employer, Product Distribution, Inc. The covenant will be enforced if it
is reasonable with respect to geographic area and duration
The 1980 United Nations Convention on Contracts for International Sale of Goods (CISG) has been adopted by eighty-four countries, including the United States and China. Glide Ride Inc. in the U.S. and Hangzhou Bikes Ltd. in China enter into a contract for a sale of bicycle parts. A dispute arises that leads to a conflict between the CISG and the UCC. In this situation, the CISG applies because
it is a treaty of the U.S. national government
Rose commits an act via e-mail against Savers Bank, a business in Texas, where the act is a cyber crime. Rose resides in Utah where the act is not a crime. Prosecution of Rose in Texas involves questions of
jurisdiction
ABC Toy Store orders one hundred board games from Big Board Games Inc. When the games are delivered, they are all missing pieces. ABC rejects the shipment. To cure, Big Board Games must
promptly notify ABC of the intent to cure
Global Enterprise enters into a contract with HealthCare Insurance to obtain insurance for Global employees. HealthCare breaches the contract and Global is awarded compensatory damages. The purpose is to
provide Global with funds for its loss of the bargain
Carly files a petition in bankruptcy. One of the goals of bankruptcy law with respect to a debtor is to
provide a fresh start, free from creditors' claims
Bytes Inc. enters into contracts for its cloud services online. Bytes can protect itself against disputes involving these contracts by making important terms
reasonably clear
Lauren files a suit against Moving Service for breach of contract, based on what Lauren claims was Moving's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are
reasonably definite
Don enters into contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promising, Don learns that Eve does not have access to any unique software and files a suit, alleging fraud. Proof an injury is required to
recover damages
A contract for sale of land from Bayside Properties, Inc., to City Development Corporation contains an erroneous legal description. The most appropriate remedy for these parties is
reformation
Field Farms and Gourmet Restaurant enter into a contract for a sale of produce. After Field ships the lettuce but before the restaurant receives it, the buyer declares bankruptcy. The seller can stop delivery of the goods in transit
regardless of the quantity
Herb, a computer programmer for Inventory Control Ltd., is arrested in his employer parking lot on suspicion of larceny. Herb must be informed of his right to
remain silent
Rafi offers a tour of Bay Harbor aboard his sailboat, Sea Siren, to Tiara's Travel Group for $500. Referring to the prices for similar tours, Tiara's says, "We'll pay no more than $400." Rafi's offer is
terminated
Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that
that conform to the contract description in every way
Renee contracts with Scott to pay him $25,000 for his work on Renee's new album "Hip Pop". After Scott performs, they sign an accord, in which Renee promises to pay him $21,000 pithing thirty days instead of $25,000 later. But she does not pay. Scott can sue Renee on
the accord or the original obligation
Prodigious Profit, LLC, and other companies operate social media websites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by courts or legislatures, but by
the companies that own the sites and apps
Contractors LLC agrees to build a store for a Discount Retail, Inc., at a specific location. Before construction begins, the local zoning law is changed to prohibit commercial buildings at that location. In this situation
the contract is discharged
Owen and Pablo enter into a contract for a sale of well-drilling equipment. Pablo pays, but Owen does not deliver. Pablo can normally recover as damages the difference between
the contract price and the market price
Porches & Verandas, Inc., agrees to build a screen porch for Quinn, but fails to complete the job. Quinn hires Ramadas, Inc., to finish the project. Quinn may recover from Porches & Verandas
the cost needed to complete construction
Global Outfitters Outlet and Holly, a consumer, enter into a contract for a sale of camping gear. If the contract includes a clause that is perceived as grossly unfair to Holly, its enforcement may be challenged under
the doctrine of unconscionability
Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities. If...
the information is "fruit of the poisonous tree"
Ludwig receives from Milo a marimba stolen from Nadine. Which of the following, if Ludwig knew, would cause him to be criminally liable?
the marimba is stolen and he intended to keep it
River Gear Company and Scenic Trips, Inc., enter into a contract on August 1 for the sale of fifty inflatable river rafts. Scenic cancels the contract ten days later, before the goods have been delivered. River Gear's available remedies include all of the following except
the right to resell or dispose of the goods
Dan defaults on a debt to Rachel. Rachel will not be able to recover the debt from
the sale of Dan's prize winning pet dog
Quinn enters into a series of agreements with Reba involving a sale of a Suite Dreams Motel, including the land, building, furnishings, shares of stock in Suite Dreams Company, and a contract with Trudy to create an ad campaign. Reba suspects that Quinn may be misrepresenting the facts. The UCC Statute of Frauds covers
the sale of the furnishings priced at $500 or more
Lucy owns a condominium that she leases to Marie, gives her son Neal $450 on his sixteenth birthday, and sells her car to Odalles for $1,500. UCC Article 2 covers
the sale to Odalles
Zeke files a petition for bankruptcy under Chapter 13. Zeke's Chapter 13 plan must provide for
the turnover of his future income to the trustee
Edwin is charged with a crime. Almost all federal courts and some state courts would not hold him liable if, at the time of the offense, as a result of a mental disease or defect, he lacked substantial capacity to obey the law and to appreciate
the wrongfulness of his conduct
Ruth owns Skyview, a complex under construction that will include commercial and residential suites, and a parking garage. She allows Town Contracting, the contractor, to complete a stage of the project late. This waives Ruth's right to sue for
this delay
Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can
track individuals' Web browsing activities
Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is
Leeway's rights as an employer
Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when
Mia offered the bribe
Isaac holds one ton of perishable fruit in storage for Juice Smoothies Corporation. Juice Smoothies does not pay for the storage. Isaac sells the fruit to Kayo Beverage Company. This sale represents
Mitigation of Damages
Lynn, the owner of Market Sales Company, sells the firm to Nell for a note payable to Lynn for $100,000. Nell does not pay the note and files for bankruptcy under Chapter 7. The debt represented by the note is
Not dischargeable if Nell concealed assets to defraud Lynn
A contract between Rides & Games, Inc., and State Fair Corporation includes a provision excluding liability as a result of fraud. The provision is
Not enforceable
The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is
Peer-to-Peer (P2P) Networking
Posing as Visa Bank, Walt e-mails Paula, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Walt promptly sells to O''Hara. This is
Phishing
Pipes & Culverts Company orders six irrigation pumps from Quality Plumbing, Inc. The pumps are stored in Restorers Warehouse. Under the terms of the order, Quality must give Pipes & Culverts a warehouse receipt for the goods, which Pipes will then pick up. Title to the goods passes to Pipes & Culverts when
Quality gives Pipes & Culverts a warehouse receipt for the pumps
Refined Grains, Inc., agrees to sell to Sunny Cereal Company a certain quantity of refined oats each week but no mention is made of where the goods are to be delivered. In general, the UCC requires that the delivery take place at
Refined's place of business
Roofing Company buys asphalt tiles from Shingles, Inc. The parties agree that the tile will be shipped "F.O.B. Shingles warehouse" to Roofing's location via Shipping Corporation. The tiles are lost in transit. The loss is suffered by
Roofing Company
Quest Outdoor Store orders RiverRun-brand kayaks from Sports Merchandise, Inc. Sports Merchandise mistakenly ships kayaks of the wrong size, which Quest rejects and returns via Trans-State Shipping Company. During the return, the kayaks are lost. The loss is suffered by
Sports Merchandise
Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by
Using the authority of the court
Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is
a "business-extension exception" under the Electronic Communications Privacy Act
Basso downloads to his computer several of Dante's copyrighted sound recordings without permission. Basso shares these recordings through a P2P Network, but requires everyone who downloads the songs to sign an agreement stating they will not sell the songs. This is...
a "fair use" exception to the provisions of the act
To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is
a "fair use" exception to the provisions of the act
After an accident with a vehicle licensed to Guardian Security Company, Heidi signs a covenant not to sue Guardian Security for damages in a tort action if it pays for the damage to her car. This covenant is
a bar to recovery if Guardian Security pays
State University (SU) 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 SU. This requirement is
a condition
Via the Internet, Rocco sabotages the computer system of Quik Chik'n Inc., a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocco is...
a cyberterrorist
Jordan believes that she needs to obtain a discharge in bankruptcy through an individual's repayment plan. This proceeding can be initiated by a filing of a petition by
a debtor
Donna goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when
a debtor's creditors force the debtor into bankruptcy proceedings
A contract between Fruit of the Valley Corporation and Green Grocer, Inc., requires Fruit to deliver goods to Green's place of business. This is
a destination contract
Enrico accesses Finance Bank's computer system without authority to obtain protected financial and credit records. Under federal law, this is...
a felony if it was done with commercial purpose
Rhino causes a disturbance at Soufflé Café. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by
a fine and imprisonment up to one year
BurgerBoy Restaurant Corporation allow its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is
a license
Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is
a license
Cooper Circuit, Inc., and Direct Electric LLC sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to estimate but approximately $1,000." This is...
a liquidated damages clause
Lindsay operates a sole proprietorship, a corporation, and a partnership. She wants to obtain relief for her individual debts and the debts of her corporation and partnership. For each of these, she may file a petition in bankruptcy for relief through
a liquidation
Troy files a petition for bankruptcy. Troy must include with the petition
a list of creditors and the amount of debt owed to each
Dian, an agent for Expo Motors, Inc., writes a letter to Flynn on November 1 stating that she will sell him a 2017 Subaru Outback for $25,000 between November 1 and December 31. Dian's letter to Flynn is
a merchant's firm offer
Clean Mouth Clinic offers to buy from Dental Supplies Company a certain quantity of floss and other items for a certain price. Dental can accept the offer by
a promise to ship or prompt a shipment of the goods
Spicy Pizza, Inc., files for bankruptcy under Chapter 11. Spicy's reorganization plan must contain
a provision of adequate means for the plan's execution
Play-It-Loud, LLC, provides music-streaming services online subject to complex pricing schedules. To control specific offers for the services and thus the resulting contracts, important terms to provide online include
a provision relating to the resolution of any dispute
Bull is arrested at a warehouse in Corporate Park and charged with the crime of theft. Bull will be prosecuted by
a public official
To adjust debt and institute a repayment plan, Dianna--who is not a corporation, a partnership, or a family farmer or fisherman--may file a petition in bankruptcy for relief through
a repayment plan
Ron offers to pay Sara to pick up and deliver certain business documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Ron and Sara will have
a unilateral contract
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
Eddie and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is
a violation of intellectual property rights of the owners of the images and materials
Employees of Bodegas & Bistros Inc. (B&B) maintain a password-protected social media page to "vent about work." When B&B learns of the page, the company intimidates the network that operates it into revealing the password. After reviewing the posts, B&B fires the participants, most likely, this is
a violation of the Stored Communications Act
Revenue & Sales Corporation and Software, Inc., enter into a contract for the design of custom software for which Revenue & Sales agrees to pay $64,500. Software transfers the right to payment under the contract to Creditline LLC. This transfer is
an assignment
Flo tells Ginger during a phone call that she will buy her textbook from last semester for $65. Ginger agrees. These parties have
an express contract
On behalf of the jazz group Fusion, their manager Greg agrees to a performance in Hillside Amphitheatre on July 4. Hillside sends a written copy of the agreement to Greg to be signed. If Greg signs the copy, the parties will have
an express contract
Digital Enterprise, Inc., promises to pay its employees a year-end bonus "if profits continue to be high and management agrees at the time." This is
an illusory promise
Lyle and Miranda agree that Lyle will fix the refrigeration unit in Miranda's Buns n' Burgers in exchange for her payment of a debt that Lyle owes to New Credit Corporation. New Credit is
an intended beneficiary
Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open for thirty days in return for a small payment. This is an example of
an invitation to negotiate
Jessie's debt to Kayla is a past due. Kayla brings a legal action against Jessie to collect the debt. Kayla asks the court to order Liberty Bank, in which Jessie has an account, to pay a portion of the funds to Kayla. This is a request for...
an order of garnishment
EZ Credit, Inc., lens $1,000 to Joe. Kay acts as Joe's surety. If Kay pays the loan, she gets
any right that EZ had against Joe, but not a right to be repaid by Joe.
Band Instruments, Inc., sells seventy-six trombones to Community & School Band Source, Inc. To avoid liability for most implied warranties, Band Instruments should state in writing that the trombones are sold
as is
Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Bob's Bistros, Inc., but refuses to deliver. Bob's was able to purchase the noodles from Noodle Bowl Inc. at a slightly higher price. Bob's right to purchase substitute noodles from Noodle Bowl is the right of
cover
Jade puts up a collection of sports memorabilia for bids on BuyBuy, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is
cyber fraud
Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is
cybersquatting
Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment
cybersquatting can flourish
Pavers Inc. contracts to buy some heavy equipment from Earthmovers, Inc. Before either party performs, Earthmovers sells it assets to Excavation Corporation. On learning of the sale, Pavers is concerned about its contract with Earthmovers. Pavers should
demand assurances of performance from the seller
Matt files a petition for a discharge in bankruptcy. His failure to complete the required consumer education course may result in him being
denied a discharge of bankruptcy
Maggie is a surety for Jo's debt to Bill. Bill and Jo decide to make material changes to original contract without informing Maggie. Maggie is
discharged completely
Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent
due process of law
Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is
effective
Global Corporation enters into contracts with buyers in e-commerce and traditional commerce. The Uniform Electronics Transaction Act applies, if at all, only to those transactions in which the parties agree to use
electronic means
Omni Corporation provides tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is...
excluded from the coverage of the Electronic Communications Privacy Act
Fresh Milk, Inc., is the offeror and Guernsey Dairy Farm is the offered under a unilateral sales contract. Fresh is not notified of Guernsey's performance within a reasonable time. Fresh...
may treat the offer as having lapsed.
Reese, driving while intoxicated, causes a car accident that results in the death of Sanyo. Reese is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for
more than one year
Ann offers to buy Beth's land only if an appraiser estimates that its current value is more than a certain price. later, the appraiser deems the worth of the land to be less than Beth's price. Ann and Beth's obligations
must be renegotiated
Juan and Isidro enter into a contract to buy, restore, and reopen the Coastal Park Carousel. Before either party begins to perform, they agree to cancel their deal. This is
mutual rescission
Teri files a petition for bankruptcy. Her creditors must file with the court their proof of claims against he assets within
ninety days of the creditors' meeting
Dry Gulch Farms hires Elliot to repair its irrigation system on site on a certain date for $2,500, but Elliot does not show up as agreed. Dry Gulch hires Fernando to do the job for $2,000. Dry Gulch may recover from Elliot
nominal damages
ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW for eighteen months. This contract is enforceable by
none of the choices
Elbert uses FedEx in a scheme to defraud Global Sales Company by obtaining merchandise to which he is not entitled. Found guilty of mail fraud, Elbert can be punished by
none of the choices
Idina admires Jules's collection of guitars. July says, "I plan to sell the collection when I get tired of it." Jules's statement is
not an offer because Jules expressed only an intent to enter into a future contract
Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can
not refuse to testify
Carlos and David contract for the sale of five hundred head of Carlos's cattle for $95 per head. Unknown to either party, an unforeseen storm has struck the herd and many of the cattle have died. David is
not required to pay due to the bilateral mistake
In selling 300 acres of rural land to Organic Farms, Peyton tells the buyer that the land "will be worth twice as much by next year." This is
opinion
Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions. If Stephanie works the entire summer and Tim's provides her paychecks and free admission, the duties have been
performed
Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting to be delivered under a shipment contract. This contract requires Elegant Carpets, the seller, to
place the goods into the hands of a carrier
Thirty-one days before filing a petition in bankruptcy, Gavin transfers property and makes payments that favor one creditor over another. These are
preferences
Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bernie to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without
probable cause
Rob promises to pay Sara, his niece, $5,000 if she obtains her degree at Tech University, where she is in her third year. Sara graduates. Rob is
required to pay because Sara obtained a degree at Tech
Moe threatens physical harm to force Norel to contract to pay him for protecting her store against vandalism and destruction. Norel may
rescind the contract or refuse to comply with its terms
Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute
robbery
Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with
robbery
Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should
seek to use the authority of the court to obtain the identity from NuView
Swift Trucking, Inc., and Trailer Rents Corporation are parties to an oral agreement for a one-year lease of six doublewides with payments totaling more than $40,000. They may satisfy the Statute of Frauds by
setting out the terms in a memo
Renee's voluntary petition for bankruptcy is found to be proper. The order for relief is effective as soon as
she files the petition
Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be
substantial
Tile & Grout (T&G) contracts to resurface the insides of pools at Water Park. T&G knows that without the resurfacing, Water Park will have to delay its seasonal opening. T&G does not perform as promised. As consequential damages, Water Park can recover
the loss of the profit from the delayed opening
Bob claims that Carla breached their contract for tutoring. Carla responds that she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to
the objective theory of contracts
Ryan is accused of auto theft. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is
the privilege against self incrimination
TackMaker, Inc., and Silver Stallion Stables enter into a contract for a sale of bridles, saddlery, and other equine equipment. TackMaker delivers, but Silver Stallion does not pay. TackMaker can normally recover as damages
the purchase price plus incidental damages
Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera's products but diminishes the quality of coffee company's mark. This is
trademark dilution
Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is
trademark infringment
Megan gives out a business card with an e-mail address on it. It is reasonable to infer that Megan has consented to
transact business electronically
Amy and Bob enter into a contract for Bob to perform waste management services for Amy's commercial properties. Later, Bob alters a material item--increases the price--without Amy's knowledge or consent. Amy can...
treat the contract as discharged
Gene, an accountant, convinces his client Hazel to sign a contract to invest her savings in 2Gether, a nonexistent social-networking Web site. There is clear and convincing evidence that Hazel did not act out of her free will. This is
undue influence
Mona is induced by her guardian Newt to sign a contract to invest her student loan funds in Optibank through Newt's investment firm. Unknown to Mona, Newt realizes a commission from the investment. Most likely, Mona may rescind the contract on the basis of
undue influence
Mother & Daughters Jewelers breaches its lease with Longview Mall and vacates the premise six months before the end of the term. In some states, Longview would have to
use reasonable means to find a new tenant to mitigate damages
Creditors will hold judgements on overdue debts against Expert Auto Repair when the debtor receives a discharge in bankruptcy. The discharge will
void any creditors judgement on a discharged debt
Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely
voidable
Frank performs a contract with Gene to add a garage to Gene's property, but Gene does not pay. Frank can file a lien on Gene's property if, from the last days labor or materials were provided
wishing 60 to 120 days
Fresh Gro, Inc., offers to deliver produce to the customers of Grocer's Mart for a certain price. Fresh's intent to extend a serious offer to Grocer's Mart is determined by reference to Fresh's
words and actions
Cow's Milk Creamery, Inc., needs a certain part for its pasteurizing equipment to continue its operations and orders one for $3,000 from Dairy Supplies Company. Cow's Milk tells Dairy Supplies that it must receive the part by Tuesday or it will lose $10,000. Dairy Supplies ships the part late. Cow's Milk can cover
$10,000
Julie owes Ryan $10,000. When the debt comes due, Julie refuses to pay. Ryan obtains a judgement to collect the debt. Using a writ of execution, the court orders the sheriff to seize Julie's boat and sell it to pay the debt. The boat sells for $15,000. Ryan will recieve
$10,000
Larry has fifteen creditors. To force Larry into bankruptcy proceedings, at least three creditors must join the petition and their unsecured claims must add up to at least
$15,325
Robin's home is in a state that has a $30,000 homestead exemption. Robin defaults on a $60,000 debt that she owes to Suburban Mortgage Company. Robin's home is sold at auction for $80,000. From the proceeds, Suburban may recover
$30,000
Chet, a minor, signs a contract with Denise, an adult. The contract is voidable at the option of
Chet only
Don sends an email to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is...
Cyber fraud
Confections Corporation orders Delicious-brand Chocolate Bars from Edibles Company. Edibles identifies the goods. Before they are shipped, an insurable interest in the goods exists in
Edibles only
Car Lot's salesperson Dick offers to sell Ernie, who is 20y/o, a car. Dick intentionally misrepresents the vehicle's use and repairs. In reliance, Ernie buys the car. To prove fraud, Ernie does not have to show that
Ernie is under 21
Eliza buys a new motorcycle from Fab Cycles, Inc. The most important factor in determining whether an express warranty is created is whether
Fab Cycles' promise becomes part of the basis of the bargain
Olive borrows money from Capital Loan Company. For Capital to obtain a writ of execution, Olive must
be unable or refuse to pay the amount of a judgement
Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is
beyond a reasonable doubt
Talk, Inc., offers to buy from Ultra Corporation 1,000 phones. Without notifying Talk, Ultra timely ships phones of a different quality. With respect to the offer and a possible contract, the shipment is an acceptance and a...
breach
Home Construction LLC enters into a contract with Irene to build a house. Before Home starts to work, the market price for its services increases--in effect, Home will lose money if it fulfills the contract with Irene. Home notifies her that it will not perform. Home's obligation to perform is
breached
Grande Floors, Inc., and Home Decor Stores enter into a contract for a sale of carpeting. Grande Floors, a merchant who deals in goods of the kind sold, makes express warranties in connection with the sale. Under the UCC, at the time a contract is formed, an express warranty can be disclaimed or modified
by clear, conspicuous language called to the buyer's attention
Jason and Kelly enter into a contract for Jason to renovate Kelly's house by a certain date. Jason never performs. After the applicable limitations period has passed, Kelly decides to bring a suit against Jason for breach. This suit
can no long be brought
Jason transfers select copyrighted music recordings, without the copyright owners' authorization, through his computer and phone to his friends. Jason does not charge his friends for his "service." This is
copyright infringement
Pine Mills Inc. and Quality Lumber Company enter into a contract for a sale of plywood to be delivered under a destination contract. This contract requires Pine Mills, the seller, to
deliver the goods to a particular destination
Alan induces Beth to enter into a contract for the purchase of a Chef's Burger House Restaurant. Alan knowingly misrepresents a number of material features about the restaurant and the business. When Beth discovers the truth, she can rescind the contract on the basis of
fraud
Berry enters into a contract with Clyde for a guided tour of Deep Canyon. Clyde represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Berry is most likely a victim of
fraud
Jill believes that she should file a plan for a Chapter 13 discharge in bankruptcy. A court will confirm her bankruptcy plan if it provides for all of the following except
identical treatment of all claims within a particular class
Farrah buys a car from Go Motors, financing the purchase through a loan. Less than a year later, she files for bankruptcy under Chapter 13. Her plan must provide that Go Motors has a lien on the car until the entire debt is paid
if Go Motors extended the credit for all or part of the purchase price of the car
Edgar refuses to pay Delia $500 for the cost to repair Edgars washing machine and dryer, which Delia still posses. Delia has a lien on the machines , which will terminate
if she voluntarily surrenders possession.
BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible
if the use constitutes trademark infringement
Broadband, Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Under federal law, Broadband is
immune from liability
Equipment Rentals Corporation (ERC) agrees to lease two backhoes to Dig & Fill Construction, Inc. Before any interest in the backhoes can pass from ERC to Dig & Fill, they must be
in existence and identified as the goods in the contract
Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be
in writing or evidenced by a written memorandum
Rob's creditors try to force him into involuntary bankruptcy. The creditors will be unsuccessful if Rob...
is a farmer
Bev wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in her car, and drives away. This is
larceny
Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is...
larceny
Mariah takes off her ring and places it on her desk while she works out. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed
larceny
Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is,
liable to Niki under the doctrine of promissory estoppel.
Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is
malware
