$30.00 Business Law
PART A; ANSWER EACH OF THE FOLLOWING QUESTIONS IN A COMPOSITION OF 10 TO 20 SENTENCES. EACH ANSWER IS WORTH 20 POINTS.
1. Discuss the requirements for establishing causation in a negligence action. Give a hypothetical set of circumstances that fully illustrates each requirement.
2. Explain the differences in means of acceptance for unilateral versus bilateral contracts. How does the mailbox rule affect bilateral contracts, and why does the mailbox rule fail to apply to unilateral contracts.
3. Eric comes to your office and tells you he is interested in forming a corporation. Outline the steps Eric must take to property form a corporation.
PART B: ANSWER EACH OF THE FOLLOWING QUESTIONS IN TWO TO FOUR SENTENCES. EACH ANSWER IS WORTH FIVE POINTS.
1 Sally told a group of reporters that her ex-boyfriend AL, a local restaurant owner, routinely ignores sanitation procedures in his restaurant kitchen. Sally knows that her statement is totally false. Al brings a defamation suit against Sally, and she defends by asserting the First Amendment. Why does the First Amendment fail to protect Sally in this instance?
2. Larry owes Ted $10,000. Larry enters a contract with Hilary in which Larry agrees to perform services for Hilary, and Hilary agrees to pay $10,000 to Ted. Larry holds up his end of the bargain, but Hilary doesn't pay Ted. Does Ted have the right to sue Hilary for payment? Why or Why not?
3. Louise is on the board of directors for ABC Corporation. Louise attends all meetings and pays close attention to the proposals made to the Board. After much contemplation and research, Louise votes to sell a significant portion of the company to another larger company, believing this to be in the best interests of ABC Corporation. If Louise and the other board members are wrong and the action turns out to be a bad move for the corporation, would Louise have any defense if the shareholders filed suit against her? If yes, what would that defense be, and why would it apply to Louise?
4. Luke and Shannon enters a contract in which Luke agrees to sell Shannon a shipment of lipstick. The term of the contract are C.I.F. Luke sends the shipment with a national carrier. The carrier delivers the shipment to Shannon's place of business. Before Shannon arrives at her place of business to bring in the shipment, vandals steal the lipstick. Who bears the risk of loss, Shannon or Luke? Why?
5. Lolita and Moe enters a contract in which Moe agrees to kidnap Lolita's husband. Lolita's attorney draws up the contract, and both parties sign. Lolita agrees to pay Moe $25,000after he performs his obligations under the contract. Moe performs his obligations as promised, but Lolita refuses to pay the money. If Moe files suit for breach of contract who will win? why?
6. Louis writes a check , on his account with Country Bank, payable to Matt, who banks at Suburb Bank. Suburb Bank uses Branch Bank and Middle Bank to act as intermediary bank. Explain the path the check is most likely to take.
7. Jack agrees to invest $1500 in Tom's restaurant. Tom gave Jack a certificate stating the amount of Jack's investment and the agreed-upon return on that investment. Does Jack possess a security in this instance? Why or Why not?
8. Sammy was fired by his employer, Big Corporation, for what Sammy believes was racial discrimination. If Sammy proves his case of racial discrimination, what damages will be available to him?