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?
Project 1
Legal Memorandum
Your assignment is to write a three to five page legal memo
analyzing the fact pattern below. You
are to discuss the parties and relevant issues in a thorough analysis. These issues deal with tort and
Constitutional law. This is not an
exercise in memory. Lawyers refer to
resources all of the time when they are researching their legal problem. Use the course resources, weekly cases and
case summaries to your advantage!
I am not as interested in your outcome (who will end up
winning in court) as I am in how you use the law to support your
conclusion. Base your answer only on the
facts given. This Project focuses on
the material assigned for Weeks 1-3 only.
Please analyze and address the questions (Two parts, I and
II) regarding the following case scenario:
Case Scenario: Shoppers Mart, Inc., a large retail super
market store that sells a variety of products, has had an eventful couple of
weeks.
Part I:
There have been heavy rains in the area all week. On
Wednesday, a ceiling tile that had become wet from a leaking roof in Shoppers
Mart due to the heavy rain storms earlier in the week fell and hit some bags of
peanuts causing the nuts to spill across the store aisle. Nicole, a customer,
entered the aisle, slipped on the peanuts and broke her leg and arm. The
manager of Shoppers Mart was unaware of the leaking roof and the wet ceiling
tile and unaware that the peanuts had spilled onto the store floor.
Part II.
On Friday, a small group of political protestors carrying
signs and quietly chanting were marching back and forth the full length of the
public sidewalk in front of Shoppers Mart.
Shoppers Mart encompasses the entire block by the public sidewalk with
entry and exit doors located directly in the center of the store building, and
with privately owned parking in the back of the store. Sometimes the protestors
were at either of the two ends of the sidewalk in front of Shoppers Mart, and
thus, not directly in front of the entry/exit door doors to Shoppers Mart. The
protestors did not walk on or enter the private parking lot owned by Shoppers
Mart; the protestors did not stop and congregate in front of the store or its
entry/exit doors at any time. The management of Shoppers Mart believed that the
protestors were impeding the ingress and egress of customers into Shoppers Mart
end therefore interfering with business.
Shoppers Mart called the police to have the protestors removed.
The police did not arrest the protestors but did require
them to stop marching and move away from Shoppers Mart.
Assignment
Part I:
A. How likely is Nicole to win a negligence case against
Shoppers Mart for her injuries resulting from slipping on the peanuts? Why?
B. Consider whether any, legal defense(s) could be raised by
Shoppers Mart. Are any legal defenses likely to be successful in negating
liability for Shoppers Mart? Why or why not? (Tip: Stick only to the facts in
the case, do not assume any facts not given.)
Part II:
A. The protestors want to sue the City for violation of
their constitutional rights. Specifically, what legal claim could the
protestors sue for and why?
B. Could the protestors be convicted of trespassing against
Shoppers Mart? Why or why not?
Project 2
Instructions: Write a
3-5 page paper in response to the fact scenario provided below. The paper must be double-spaced and include a
list of work cited (not included in the page count). You may use outside sources for this paper
but you are not required to. All of the
information you need to complete this paper is provided in the course
materials. However, you still need to
include in-text citations when you use any source in this paper. The paper must
be submitted into your Assignment folder.
Fact Scenario – Part 1:
Contractors, Inc. contracted with YourCollege to build a 20-room,
2-story classroom building, constructed of gray bricks, and according to
architectural specifications provided by YourCollege. The building is to be located on campus at
the corner of Campus Way and Academic Avenue at a contract cost of $5,000,000,
and to be completed by August 1, 2016.
This August 1 deadline would give YourCollege just enough time to move
into the building and prepare the inside for classes to begin August 14. Your
College informed Contractors that time was of the essence and that this is a
tight timeline for moving into the new building.
The valid, written contract read, in part, as follows:
CONTRACT
We, the undersigned, party of the first part, hereinafter
YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following:
1) Contractors, Inc. will build a 20-room, 2-story classroom
building constructed of gray bricks, at the corner of Campus Way and Academic
Avenue, in accordance with the architectural specifications stipulated by
YourCollege and attached hereto and in compliance with building codes
and regulations for new construction;
2) Contractors, Inc. will complete the construction project
at a total cost of $5,000,000, inclusive;
3) Contractors, Inc. will complete the construction project
not later than August 1, 2016. Time is of the essence.
YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,000,000 not later than August 7, 2016.
Signed:
John Smith [sign]
John Smith
President, YourCollege
Date: January 10, 2016
Signed:
John Doe [sign]
John Doe
President, Contractors, Inc.
Date: January 10,
2016
Fact Scenario – Part 2
On May 28, 2016, after the construction was more than half
completed, the cost of bricks used for construction of the building increased
substantially in the marketplace so that Contractors could no longer construct
the building for $5,000,000. Contractors told YourCollege that it would need an
additional $250,000 to complete the building using gray bricks on the exterior.
YourCollege agreed to modify the original contract to increase the construction
costs by $250,000, bringing the total cost of the project to $5,250,000.
YourCollege and Contractors drew up the following contract
modification as an addendum to the original contract:
CONTRACT ADDENDUM
We, the undersigned, party of the first part, hereinafter
YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following modification to the original agreement:
1) In addition to the contractual agreed upon cost of
$5,000,000, YourCollege will pay Contractors, Inc. an additional $250,000 to
build a 20-room, 2-story classroom building constructed of gray bricks, at the
corner of Campus Way and Academic Avenue;
2) YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,250,000 not later than August 7, 2016;
3) This modification does not in any way change any other
terms of the original contract (attached hereto).
Signed:
John Smith [sign]
John Smith
President, YourCollege
Date: June 1, 2016
Signed:
John Doe [sign]
John Doe
President, Contractors, Inc.
Date: June 1, 2016
After the contract modification, Contractors continued to
work on the building but did not meet the August 1 completion deadline. The
building was completed on August 21, 2016.
In the meantime, fall semester classes began at YourCollege
on August 14, making it necessary for YourCollege to lease classroom space from
August 14-September 4, 2016. YourCollege necessarily had to hold classes in the
leased space for 3 weeks until September 4 because it took 2 weeks (from August
21) for YourCollege to move into the new building and prepare it for classes.
The lease costs were $5,000 per week, for a total of $15,000 for 3 weeks.
YourCollege paid Contractors $5,000,000 on September 4, but
refused to pay the additional $250,000. YourCollege filed suit against
Contractors for breach of contract.
Contractors countersued YourCollege for breach of contract.
Questions to Address
in your Paper:
Please label each part of paper as listed below.
Part I: Discuss the basis of a breach of contract claim by
YourCollege against Contractors, any potential damages YourCollege could claim
and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
Part II: Discuss the basis of a breach of contract claim of
Contractors against YourCollege, any potential damages Contractors could claim
and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
NOTE – You must provide a detailed analysis and scrutiny of
the facts in this case. You should
identify: a) the legal issues presented, b) the relevant rules of law that
apply, c) your analysis of the case and d) your conclusions about the
outcome. In order to earn full credit,
your analysis must be well supported by legal principles found in your
sources. If you assert your opinion or
your conclusions, it is important to show how you arrived there. What are you relying upon to draw your
conclusions (what facts and what laws)?
Please let me know if you have questions.
Final exam
Exam Instructions:
Open book exam: may use textbook, class notes/lectures,
class conferences (do not use the internet as many legal sources are
inaccurate; you do not need any material other than the textbook, class
notes/lectures, class conferences to complete the exam).
No time limit on the exam. But you must submit by 11:59 p.m.
Saturday, July 15, 2017
The exam is worth a total of 100 points.
The Final Exam has two parts and which are in different
sections of the classroom.
Multiple Choice – Found under Quizzes. 20 questions (2 points each). Total 40 points.
Essay – Found under Content Final Exam. You will post your response to the essay
questions in the Assignment Folder. Six questions (various points for each
question). Total 60 points.
You may complete either section first.
Specific Directions –
Multiple Choice
You may start and stop this section as often as you
like. However, once you submit your
answers, you may not return to the exam.
Ensure that you intend for your answers to be complete.
Specific Directions – Essay
Answer each question in complete paragraphs; do not list or
answer in phrases (points will be deducted for doing so). None of these questions can be
adequately/comprehensively answered in just a paragraph, so be comprehensive, in
depth in your answers, but be careful to not include irrelevant information.
You should use good business writing which includes HEADINGS
AND SUB-HEADINGS to guide your reader. Long rambling paragraphs without focus
is not good business writing. Points will be deducted for failing to use good business
writing. If the question is multiple
parts (A and B), you must answer each section separately. Label it.
Points will be deducted for answers that are not well
justified, not sufficiently comprehensive.
Use APA for in-text citations, as appropriate but please do
not use direct quotes. Use only classroom notes/comment and assigned reading or
watching materials as resources, which is all you need to complete the exam.
DO NOT use any outside, internet resources as they are often
inaccurate.
Answer all parts of each question. Be sure to directly answer the question(s)
asked.
Submit exam preferably in word doc to assignment folder
under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY
RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the
correct file. If I can’t open the
document, I can’t grade it and you will receive a zero. Once you submit your
exam, I will begin the grading process. Ensure
that you intend to submit your exam.
