Week 1 learning
activity
Learning Activity #1
A trial judge in Nevada is wondering whether to enforce a
surrogate motherhood contract.
Penelope Barr, of Reno, Nevada, has contracted with Reuben
and Tina Goldberg to bear the in vitro fertilized egg of Mrs. Goldberg. After
carrying the child for nine months, Penelope gives birth, but she is reluctant
to give up the child, even though she was paid $20,000 at the start of the
contract and will earn an additional $20,000 on handing over the baby to the
Goldbergs. (Barr was an especially good candidate for surrogate motherhood: she
had borne two perfect children and at age 28 drinks no wine, does not smoke or
use drugs of any kind, practices yoga, and maintains a largely vegetarian diet
with just enough meat to meet the needs of the fetus within.)
The Goldbergs have asked the judge for an order compelling
Penelope to give up the baby, who was five days old when the lawsuit was filed.
The baby is now a month old as the judge looks in vain for
guidance from any Nevada statute, federal statute, or any prior case in Nevada
that addressed the issue of surrogate motherhood. He does find several well-reasoned
cases, one from New Jersey, one from Michigan, and one from Oregon.
Are any of these “precedent” that he must follow? May he
adopt the reasoning of any of these courts, if he should find that reasoning
persuasive?
Note: I am not asking
you to “decide” the case. I
want you to discuss how the judge can decide the case and what can be relied
upon.
Learning Activity #2
Suppose that the state of New Jersey wishes to limit the
amount of hazardous waste that enters into its landfills. The general assembly in
New Jersey passes a law that specifically forbids any hazardous waste from
entering into the state. All landfills are subject to tight regulations that
will allow certain kinds of hazardous wastes originating in New Jersey to be
put in New Jersey landfills but that impose significant criminal fines on
landfill operators that accept out of-state hazardous waste.
The Baldessari Brothers Landfill in Linden, New Jersey, is
fined for taking hazardous waste from a New York State transporter and appeals
that ruling on the basis that New Jersey’s law is unconstitutional. What is the
result?
Week 2 learning
activity
Learning Activity # 1
Sang purchased a cola drink in a plastic bottle with a
sealed plastic top from a vending machine located in the hall of his college
dormitory room. After drinking ¾ of the
cola, Sang took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top
like those found on aluminum cans.
Sang’s tongue was slightly cut by the tab-top and he had to consult a
doctor. Lab tests conducted on the
remaining cola revealed that the cola Sang drank was not poisonous or tainted.
If Sang sues, what is the legal basis any claims, and which
defendant(s) could be sued?
Learning Activity # 2
Dave bought a power lawn mower manufactured by Ace,
Inc. The mower was equipped with a
removable plastic safety barrier to minimize the risk of injury from the
mower’s blades. Dave removed the safety
barrier believing that it was unnecessary.
When Dave asked his 18-year old son, Zack, to mow the lawn, Zack ‘s foot
touched the mower blade and Zack was injured.
If Zack sues Ace under strict product liability for failure
to warn of the risk of using the mower without the safety barrier, what is the
likely outcome? Why?
Week 3 learning
activity
Learning Activity # 1
1. Myrna, a 40-year
old teacher, wants to move to Chicago because of a job offer. She owns a house in St. Louis, her current
residence, which has been appraised and valued by a professional real estate appraiser
at$500,000.
She posted a “For Sale” sign in the yard that
stated “Make an Offer”. Ned,
who is a casual friend of Myrna’s, responded to the sign and made an
appointment with Myrna to tour her house.
Later, Ned invited Myrna to dinner to discuss the house and a possible
sale. Myrna and Ned had a leisurely dinner, and 2 glasses of wine each with
dinner. At the end of dinner, Ned
offered Myrna $225,000 for her house; Myrna accepted.
Ned and Myrna signed a sales contract, but before the deal
was completed and before the deed was transferred to Ned, Myrna’s relatives
tried to urge Myrna to cancel the cancel the contract claiming that the
contract was unenforceable.
Analyze the deal between Myrna and Ned. Is the contract enforceable? Why or why not?
Learning Activity # 2
Write a brief scenario example of a unilateral contract, in
paragraph format. Explain why/how the
example above is a unilateral contract.
Week 4 learning
activity
Learning Activity # 1
A orally offered to sell B 100 premium-grade blue ink
ballpoint pens, but neglected to state the price. B accepted via letter. A received the acceptance letter, but
immediately thereafter, A tried to get out of the deal. Assume that A and B are both merchants, as
defined under the UCC.
At this point what is true about this agreement between A
and B? Explain your rationale in detail.
Learning Activity # 2
A ordered 100 19-inch color TV sets from B, and requested
prompt shipment of the goods. B promptly
shipped to A 100 21-inch color TV sets.
Prior to shipment, B did not notify A that he was shipping nonconforming
TVs as an accommodation.
Assuming both A and B are merchants, under UCC rules,
discuss (1) whether there is a valid, enforceable contract between A and B and
why, and (2) the options A and B have at this point.
Week 5 learning
activity
Learning Activity #1
High Gloss Floss (HGF) a well known dentist practice
contracted with Slick Fish, Inc. (SFI) for the purchase of a “fully installed
96” x 60” x 48” aquarium” for the price of $83,000. The price included all labor and parts but
the order form was not itemized. The
freight carrier hired by the manufacturer delivered the aquarium to the parking
lot just outside the building occupied by HGF.
A receptionist for HGF signed the delivery invoice and immediately
called SFI. When the installation crew
for SFI arrived five days later to install the aquarium, it was gone.
Who must bear the risk of loss? Explain.
This is not a one word answer.
Week 6 learning
activity
Learning Activity # 1
In April 2015, Collector appointed Ageless Antiques, a
licensed antique dealership, as agent to find and purchase antique baby grand
pianos manufactured by Steinway between 1880-1900 to add to Collector’s
collection.
Identify and explain, according to the Restatement of
Agency, 6 ways a principal may be bound to contracts entered into by an agent
on behalf of a principal.
Learning Activity # 2
Refer to the scenario regarding Ageless Antiques and review
A and B below.
Evaluate and apply the principles of agency law to these
events and describe the legal effect of each of these events on the
agency-principal relationship and why.
A. In August, 2015,
Ageless Antiques found an antique Steinway baby grand piano manufactured in
1890, but kept the piano to sell in the Ageless shop rather than selling it to
Collector.
B. In May, 2015,
Ageless Antiques bought on behalf of Collector an antique baby grand piano
manufactured in 1880 by Grant Company.
Collector’s death in September 2015.
Week 7 learning
activity
Learning Activity # 1
Inez is a sole proprietor/owner of New Tech, a computer and
IT consulting business. Her clients are
small to medium sized businesses, colleges, and individual home users. Inez wants to expand her business, buy new
equipment, and hire an employee. She
needs to obtain additional capital to expand New Tech, but she does not want to
lose control of the business. Also, Inez has chosen not to take out any sort of
loan or use a credit card to obtain additional capital to expand.
As a sole proprietor, what is her best option to obtain
additional capital to expand and yet retain control of the business? Why?
Learning Activity # 2
Lana has started a computer accessory manufacturing and
sales business. She never planned to
have a business, but had created a certain accessory that her friends thought
was interesting, and she made these accessories for them. Suddenly people were paying her, and then she
started selling the accessories through a website. She has never formed any type of business
entity.
Lana has now decided she wants to sell these accessories in
Japan, and realizes she needs to formally adopt a specific business
organizational form for the business.
Discuss a recommendation for an appropriate business
organizational form for the business in the United States and for expanding the
business in Japan. Explain the rationale
for the choice of organizational form for Lana’s business.
Week 8 learning
activity
Learning Activity # 1
A. Discuss
2 advantages and 2
disadvantages of a franchise and why?
B. If a small
business applied for a bank loan money to finance the initial franchising
process and start up, what factors would be important to a bank to decide
whether to loan the money?
Learning Activity # 2
US Diner, a small restaurant business and general
partnership with 7 partners is a very profitable, successful business located
in Baltimore. US Diner has 3 restaurants
in the Baltimore are. US Diner wants to
expand its business and is considering doing so by franchising within the US.
A. Analyze and
discuss whether you would advise US Diner to franchise the business and why.
B. After evaluating
the positive and negatives, should US Diner franchise or expand the business in
some other way?
