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Given the principles of law you learned in this chapter, what facts would need to be true for Albertson to have a reasonable argument on his behalf?
Define and differentiate between liquidated, consequential, and punitive damages. Make the argument for why punitive damages should or should not be permitted
Poor Sarah Jane not only had a short-lived marriage but found out that her supposedly $45,000 ring was worth only half that amount.
Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who after 18 months found the car
Manley-Regan's quoted price and the price of the substitute antimony oxide. Is the commercial impracticability defense appropriate? Explain.
"In which judicial forum should HPU file a lawsuit against the IRS: (1) U.S. district court, (2) the Tax Court, or (3) the U.S. Court of Federal Claims?"
The buyer contracted with the seller for the purchase of ribs. After delivery, the buyer refused to pay the contract price, claiming that the ribs arrived
Are there limits to the right to cure? Does a breaching party have the right to cure the breach, or can the nonbreaching party
Reeves subsequently sent a letter to Tandy, asking for rescission of the contract and damages. Could Reeves rescind?
Landrum sold Gappelberg a big-screen television. The television had many defects, some of which Landrum and his service representatives fixed.
The defendant, Sterile Technologies, Inc., purchased a sterilizer from the plaintiff, Troy Boiler Works, on an installment payment plan.
Grimberg sold a famous painting to Cohen for $785,000. Possession of the painting passed to Cohen but payment was never made.
What ethical norm or value underlies the judge's decision? Explain
Explain the reason for the following policy: A customer has a duty to examine her or his bank statement.
ETHICAL DECISION MAKING. The courts place the burden of proving the unreasonableness of a liquidated-damage clause
Did the contract fall under the UCC? Were the items-software, web hosting, website maintenance-goods under the UCC?
A foreclosure case saw creditors going after the business's real estate. The business was a diner. However, the diner itself was a prefabricated building.
Does the contract need documentation to be enforceable, or, if U.S. law applies with the adoption of the CISG, are the oral declarations satisfactory
The following is based on a real event. The cast includes Sally Jones, the director of nursing; Jane Smith, the hospital administrator.
The buyer sued for breach claiming that it had not been given sufficient time to effect a cure. Who prevails?
Based solely on e-mails between the parties. Is this evidence enough to support a reformation of the contract?
Why would Port Motors, Inc., fight Candela in court? Shouldn't the car dealer want to make its customers happy?
To what extent are contemporary debates over the role of the federal government similar to, but also different from, the debates in the late 18th century?
All non–English-speaking industrial democracies use the inquisitorial system rather than the adversary system.
To what extent does the debate over federalization of state crimes cut across traditional ideological values as represented in the due process model.