Draft an original, two-to-three-sentece response to the ‘Issue Spotters’ questions for all of the chapters in this week’s reading assignment. Citations are n

Week 1 Chapter Assignment

Assignment: 

"Issue Spotters" questions from the course textbook for chapters assigned this week

Assignment Overview:

Draft an original, two-to-three-sentece response to the "Issue Spotters" questions for all of the chapters in this week's reading assignment. Citations are not required because the content must be based on knowledge acquired through reading the textbook and supplemental research using KU's ProQuest.

Instructions and Submission Requirements

· Draft responses to all questions in one document

· Number each response correctly to match the textbook (for example, 1-1A)

· Double-space the entire document

· Times New Roman or Calibri font, size 12, all black must be used

· Content is not to be formatted in any way (do not bold, underline, italicize, alter colors, etc.)

· Save the document as a DOC or PDF file

· Proofread, use the SafeAssign Self-Assessment Originality Review, and edit before submitting

· Click on"Week 1 Chapter Assignment" (the  blue link at the top of the assignment page)

· A "text submission box" will appear but do not type, copy, or paste anything into the text box

· Instead, click on the paperclip icon to attach/upload your DOC or PDF file

· Once submitted, the file will run through SafeAssign and the Originality Report will be included as part of the grading process

· Do not worry about unusually high matching if you submitted your work through the SafeAssign Self-Assessment

· High matching is only an issue if the content in the Self-Assessment submission was plagiarized and not revised

· Because all work is self-generated and can be self-assessed prior to submission, plagiarism cannot be an issue

· Therefore, responses with a full sentence (or more) "matching" any source will earn zero points due to lack of originality

Issue Spotters

Chapter 1

Issue Spotters

1. Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute? (See  Learning Outcome 2.)

HIDE ANSWER

Case law includes courts’ interpretations of statutes, constitutional provisions, and administrative rules. Statutes often codify common law rules. For these reasons, a judge might rely on the common law as a guide to the intent and purpose of a statute.

2. The First Amendment of the U.S. Constitution protects the free exercise of religion. A state legislature enacts a law that outlaws all religions that do not derive from the Judeo-Christian tradition. Is this state law valid? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

No. The U.S. Constitution is the supreme law of the land and applies to all jurisdictions. A law in violation of the Constitution (in this question, the First Amendment to the Constitution) will be declared unconstitutional.

he correct answer is available

Chapter 2

Issue Spotters

1. Mac Tools, Inc., markets a product that under some circumstances is capable of seriously injuring consumers. Does Mac have an ethical duty to remove this product from the market, even if the injuries result only from misuse? (See Learning Outcome 3.)

HIDE ANSWER

Maybe. On the one hand, it is not the company’s “fault” when a product is misused. Also, keeping the product on the market is not a violation of the law, and stopping sales would hurt profits. On the other hand, suspending sales could reduce suffering and could stop potential negative publicity that might occur if sales continued.

1. Acme Corporation decides to respond to what it sees as a moral obligation to correct for past discrimination by adjusting pay differences among its employees. Does this raise an ethical conflict among Acme’s employees? Between Acme and its employees? Between Acme and its shareholders? (See Learning Outcome 3.)

HIDE ANSWER

When a corporation decides to respond to what it sees as a moral obligation to correct for past discrimination by adjusting pay differences among its employees, an ethical conflict is raised between the firm and its employees and between the firm and its shareholders. This dilemma arises directly out of the effect such a decision has on the firm’s profits. If satisfying this obligation increases profitability, then the dilemma is easily resolved in favor of “doing the right thing.”

Chapter 3

Issue Spotters

1. Gabriel wants to sue Art’s Supply Company for Art’s failure to deliver supplies that Gabriel needed to prepare his work for an appearance at a local artists’ fair. What must Gabriel establish before a court will hear the suit? (See  Learning Outcome 1.)

HIDE ANSWER

Before a court will hear a case, it must be established that the court has subject-matter and personal jurisdiction and that the matter at issue is justiciable. The party bringing the suit must also have standing to sue.

2. Carlos, a citizen of California, is injured in an automobile accident in Arizona. Alex, the driver of the other car, is a citizen of New Mexico. Carlos wants Alex to pay Carlos’s medical expenses and car repairs, which total $125,000. Can Carlos sue in federal court? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

Yes. Whenever a suit involves citizens of different states, diversity of citizenship exists, and the suit can be brought in a federal court. In diversity-of-citizenship suits, Congress has set an additional requirement—the amount in controversy must be more than $75,000.

The correct answer is available

Before a court will hear a case, it must be established that the court has subject-matter and personal jurisdiction and that the matter at issue is justiciable. The party bringing the suit must also have standing to sue.

Chapter 4

Issue Spotters

1. Can a state, in the interest of energy conservation, ban all advertising by power utilities if conservation could be accomplished by less restrictive means? Why or why not? (See  Learning Outcome 3.)

HIDE ANSWER

No. Even if commercial speech is not related to illegal activities and is not misleading, it may be restricted if a state has a substantial interest that cannot be achieved by less restrictive means. In this case, the interest in energy conservation is substantial, but it could be achieved by less restrictive means. That would be the utilities’ defense against the enforcement of this state law.

2. Suppose that a state taxes out-of-state companies doing business in the state at a rate higher than the rate for in-state companies. The state’s purpose is to protect local firms from out-of-state competition. Does this tax violate the equal protection clause? Explain your answer. (See  Learning Outcome 4.)

HIDE ANSWER

Yes. The tax would limit the liberty of some persons (out-of-state businesses), so it is subject to a review under the equal protection clause. Protecting local businesses from outof- state competition is not a legitimate government objective. Thus, such a tax would violate the equal protection clause.

Chapter 5

Issue Spotters

1. A burst water pipe floods a Metal Fabrication Company utility room and trips the circuit breakers on a panel in the room. Metal Fabrication contacts Nelson, a licensed electrician with five years’ experience, to check the damage and turn the breakers back on. Without testing for short circuits, which Nelson knows that he should do, he switches on a breaker. He is electrocuted, and his wife sues Metal Fabrication for negligence. What might the firm successfully claim in defense? (See Learning Outcome 3.)

HIDE ANSWER

The company might defend against this electrician’s wife’s claim by asserting that the electrician should have known of the risk and, therefore, the company had no duty to warn. According to the problem, the danger is common knowledge in the electrician’s field and should have been apparent to this electrician given his years of training and experience. In other words, the company most likely had no need to warn the electrician of the risk.

The firm could also raise the defense of comparative negligence. Both parties’ negligence, if any, could be weighed and the liability distributed proportionately. The defendant could also assert assumption of risk, claiming that the electrician had voluntarily entered into a dangerous situation, knowing the risk involved.

3. After less than a year in business, Elite Fitness Club surpasses Good Health Club in number of members. Elite’s marketing strategies attract many Good Health members, who then change clubs. Does Good Health have any recourse against Elite? Explain your answer. (See Learning Outcome 1.)

HIDE ANSWER

No. As long as competitive behavior is genuine, it is not wrongful, even if it results in the breaking of a contract. The public policy that favors free competition in advertising outweighs any instability that genuine competitive activity causes in contractual or business relations.

To constitute wrongful interference with a contractual relationship, there must bea valid, enforceable contract between two parties; the knowledge of a third party that this contract exists; and the third party’s intentionally causing the breach of the contract (and damages) to advance that party’s interest.

Chapter 6

Issue Spotters

1. Karl self-publishes a cookbook titled  Hole Foods, in which he sets out recipes for donuts, Bundt cakes, tortellini, and other foods with holes. To publicize the book, Karl designs the website holefoods.com. Karl appropriates the key words of other cooking and cookbook sites with more frequent hits so that holefoods.com will appear in the same search engine results as the more popular sites. Has Karl done anything wrong? Explain your answer. (See  Learning Outcome 1.)

HIDE ANSWER

Karl may have committed trademark infringement. Search engines compile their results by looking through websites’ coding. Meta tags, or keywords, are inserted in the coding to increase the likelihood that a website will be included in search engine results. A site that appropriates the keywords of other sites with more frequent hits will appear in the same search engine results as the more popular sites. But using another’s trademark as a keyword without the owner’s permission normally constitutes trademark infringement. Of course, some uses of another’s trademark as a meta tag may be permissible if the use is reasonably necessary and does not suggest that the owner authorized or sponsored the use.

2. Roslyn is a food buyer for Organic Cornucopia Food Company when she decides to go into business for herself as Roslyn’s Kitchen. She contacts Organic’s suppliers, offering to buy their entire harvest for the next year, and Organic’s customers, offering to sell her products for less than her ex-employer’s prices. Has Roslyn violated any of the intellectual property rights discussed in this chapter? Explain. (See  Learning Outcome 5.)

HIDE ANSWER

Yes. Roslyn has committed theft of trade secrets. Lists of suppliers and customers cannot be patented, copyrighted, or trademarked, but such information is protected against appropriation by others as trade secrets. Most likely, Roslyn signed a contract, agreeing not to use this information outside her employment by Organic. But even without this contract, Organic could have made a convincing case against Roslyn for a theft of trade secrets.

Karl may have committed trademark infringement. Search engines compile their results by looking through websites’ coding. Meta tags, or keywords, are inserted in the coding to increase the likelihood that a website will be included in search engine results. A site that appropriates the keywords of other sites with more frequent hits will appear in the same search engine results as the more popular sites. But using another’s trademark as a keyword without the owner’s permission normally constitutes trademark infringement. Of course, some uses of another’s trademark as a meta tag may be permissible if the use is reasonably necessary and does not suggest that the owner authorized or sponsored the use.

Chapter 7

Issue Spotters

1. Without Jim’s permission, Lee signs Jim’s name to several checks that were issued to Jim and then cashes them. Jim reports that the checks were stolen and receives replacements. Has Lee committed forgery? Why or why not? (See  Learning Outcome 3.)

HIDE ANSWER

Yes. Forgery is the fraudulent making or altering of any writing that changes the legal liability of another.

2. Carl appears on television talk shows touting a cure for AIDS that he knows is fraudulent. He frequently mentions that he needs funds to make the cure widely available, and donations pour into local television stations to be forwarded to Carl. Has Carl committed a crime? If so, what? (See  Learning Outcome 3.)

HIDE ANSWER

Yes. Federal law makes it a crime to use wire (including telegraph, telephone, television, and the internet) to defraud the public. Carl has committed a violation of federal wire fraud statutes.

Chapter 8

Issue Spotters

1. Molly tells Nick that she will pay him $10,000 to set fire to her store, so that she can collect the money from her fire insurance policy. Nick sets fire to the store, but Molly refuses to pay him. Can Nick recover the $10,000 from Molly? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

No. This contract, although not fully executed, is for an illegal purpose and therefore is void. A void contract gives rise to no legal obligation on the part of any party. A contract that is void is no contract. There is nothing to enforce.

2. Alison receives a notice of property taxes due from the local tax collector. The notice is for tax on Jerry’s property, but Alison believes that the tax is hers and pays it. Can Alison recover from Jerry the amount that she paid? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

Yes. A person who is unjustly enriched at the expense of another can be required to account for the benefit under the theory of quasi contract. Alison and Jerry did not have a contract, but the law will impose one to avoid the unjust enrichment.

Chapter 9

Issue Spotters

1. Fidelity Corporation offers to hire Ron to replace Gabrielle, who has given Fidelity a month’s notice of intent to quit. Fidelity gives Ron a week to decide whether to accept. Two days later, Gabrielle signs an employment contract with Fidelity for another year. The next day, Gabrielle tells Ron of the new contract. Ron immediately sends a formal letter of acceptance to Fidelity. Do Fidelity and Ron have a contract? Why or why not? (See  Learning Outcome 1.)

HIDE ANSWER

No. Revocation of an offer may be implied by conduct inconsistent with the offer. When the corporation hired someone else, and the offeree learned of the hiring, the offer was revoked. The acceptance was too late.

2. While visiting the website of Cyber Investments, Dani encounters a pop-up box that reads, “Our e-mail daily newsletter  E-Profit is available by subscription at the rate of one dollar per issue. To subscribe, enter your e-mail address below and click on ‘SUBSCRIBE.’” Dani enters her e-mail address and clicks on “SUBSCRIBE.” Has Dani entered into an enforceable contract? Explain. (See  Learning Outcome 4.)

HIDE ANSWER

Yes. Dani has entered into an enforceable contract to subscribe to  E-Profit. In this set of facts, the offer to deliver the newsletter via e-mail was presented by Cyber Investments (the offeror) with a statement of how to accept. This statement specified that clicking on the “SUBSCRIBE” button was an acceptance of the offer. Dani (the offeree) had an opportunity to decline the offer by not clicking on the button before making the contract. This is a click-on agreement.

The correct answer is available

Chapter 10

Issue Spotters

1. In September, Sharon agrees to work for Cole Productions, Inc., at $700 a week for a year beginning January 1. In October, Sharon is offered the same work at $800 a week by Quintero Shows, Ltd. When Sharon tells Cole about the other offer, they tear up their existing contract and agree that Sharon will be paid $775. Is the new contract binding? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

Yes. The original contract was executory. The parties rescinded it and agreed to a new contract. If Sharon had broken the contract to accept a contract with another employer, she might have been held liable for damages for the breach.

2. Before Maria starts her first year of college, Fred promises to give her $5,000 when she graduates. She goes to college, borrowing and spending far more than $5,000. At the beginning of the spring semester of her senior year, she reminds Fred of the promise. Fred sends her a note that says, “I revoke the promise.” Is Fred’s promise binding? Explain. (See  Learning Outcome 4.)

HIDE ANSWER

Yes. Under the doctrine of promissory estoppel (or detrimental reliance), Maria, the promisee, is entitled to payment of the promised amount when she graduates. There was a promise, she relied on it, and her reliance was substantial and definite. She went to college for nearly four years, incurring considerable expenses. It would only be fair to enforce the promise.

Chapter 11

Issue Spotters

1. Joan, who is sixteen years old, moves out of her parents’ home and signs a one-year lease for an apartment at Kenwood Apartments. Joan’s parents tell her that she can return to live with them at any time. Unable to pay the rent, Joan moves to her parents’ home two months later. Can Kenwood enforce the lease against Joan? Why or why not? (See  Learning Outcome 1.)

HIDE ANSWER

No. Joan may disaffirm this contract. Because the apartment was a necessary, however, she remains liable for the reasonable value of her occupancy of the apartment.

2. Cedric, a minor, enters into a contract with Diane. How might Cedric effectively ratify this contract? (See  Learning Outcome 1.)

HIDE ANSWER

A minor may effectively ratify a contract after they reach the age of majority either expressly or impliedly. Failing to disaffirm an otherwise enforceable contract within a reasonable time after reaching the age of majority would also effectively ratify it. Nothing a minor does before attaining majority, however, will ratify a contract.

The correct answer is available

Chapter 12

Issue Spotters

1. Diane bets Tex $1,000 that the Green Bay Packers will win the Super Bowl. A state law prohibits gambling. Do Diane and Tex have an enforceable contract? Explain. (See  Learning Outcome 1.)

HIDE ANSWER

No. A contract that calls for something that is prohibited by statute is illegal and thus void and unenforceable.

2. Potomac Airlines prints on the backs of its tickets that it is not liable for any injury to a passenger caused by Potomac’s negligence. Haruto buys a ticket and boards the plane. On takeoff, the plane crashes, and Haruto is injured. If the cause of the accident is found to be Potomac’s negligence, can Potomac use the clause as a defense to liability? Why or why not? (See  Learning Outcome 3.)

HIDE ANSWER

No. Generally, an exculpatory clause—a clause attempting to absolve parties of negligence or other wrongs—is not enforced if the party seeking its enforcement is involved in a business that is important to the public as a matter of practical necessity, such as an airline. Because of the essential nature of these services, such a party has an advantage in bargaining strength and could insist that anyone contracting for its services agree not to hold it liable.

Chapter 13

Issue Spotters

1. Brad, an accountant, files Dina’s tax returns. When the Internal Revenue Service assesses a large tax against Dina, she retains Brad to contest the assessment. The day before the deadline for replying to the IRS, Brad tells Dina that unless she pays a higher fee, he will withdraw. If Dina agrees to pay, is the contract enforceable? Explain your answer. (See  Learning Outcome 4.)

HIDE ANSWER

No. Brad exerted duress on Dina. Duress involves coercive conduct—forcing a party to enter into a contract by threatening the party with a wrongful act. The threat to break a contract on the eve of the deadline in this problem was sufficiently coercive to constitute duress.

2. In selling a house, Matt tells Ann that the wiring, fixtures, and appliances are of a certain quality. Matt knows nothing about the quality, but it is not as specified. Ann buys the house. On learning the true quality, Ann confronts Matt. He says he wasn’t trying to fool her, he was only trying to make a sale. Can she rescind the deal? Why or why not? (See  Learning Outcome 2.)

HIDE ANSWER

Yes. Rescission may be granted on the basis of fraudulent misrepresentation. The elements of fraudulent misrepresentation include intent to deceive, or  scienter.  Scienter exists if a party makes a statement recklessly, without regard to whether it is true or false.  Scienter also exists if a party says or implies that a statement is made on some basis—such as personal knowledge or investigation—when it is not.

The correct answer is available

Chapter 14

Issue Spotters

1. GamesCo orders $800 worth of game pieces from Midstate Plastic, Inc. Midstate delivers, and GamesCo pays for $450 worth. GamesCo then says it wants no more pieces from Midstate. GamesCo and Midstate have never dealt with each other before and have nothing in writing. Can Midstate enforce a deal for $350 more? Explain your answer. (See  Learning Outcome 1.)

HIDE ANSWER

No. Under the UCC, a contract for a sale of goods priced at $500 or more must be in writing to be enforceable. In this case, the contract is not enforceable beyond the quantity already delivered and paid for.

2. Paula orally agrees to work with Next Corporation in New York City for two years. Paula moves her family and begins work. Three months later, Paula is fired for no stated cause. She sues for reinstatement or pay. Next Corporation argues that there is no written contract between them. What will the court say? (See  Learning Outcome 1.)

HIDE ANSWER

The court might conclude that under the doctrine of promissory estoppel, the employer (Next Corporation) is estopped (prevented) from claiming the lack of a written contract as a defense. The oral contract between Next Corporation and Paula may be enforced because Next Corporation made a promise on which Paula justifiably relied in moving to New York. Paula’s reliance on the promise was foreseeable and avoiding an injustice can only be accomplished by enforcing the promise. If the court strictly enforces the Statute of Frauds, however, Paula may be without a remedy—such as being reinstated to her position or payment for lost wages and other damages.

Chapter 15

Issue Spotters

1. Brian owes Jeff $100. Ed tells Brian to give him the $100 and he’ll pay Jeff. Brian gives Ed the $100. Ed never pays Jeff. Can Jeff successfully sue Ed for the $100? Why or why not? (See  Learning Outcome 1.)

HIDE ANSWER

Yes. When one person makes a promise with the intention of benefiting a third person, the third person can sue to enforce it. This is a third-party beneficiary contract. Jeff is an intended beneficiary.

2. Fleet Trucking leases a delivery truck to Grocers Express. The lease prohibits Grocers from assigning its rights without Fleet’s consent. When the truck needs repair, Grocers leaves it with Harland’s Truck Service. Unable to pay for the repair, Grocers assigns its rights to the truck to Harland without obtaining Fleet’s consent. Is the assignment enforceable? Explain your answer. (See  Learning Outcome 1.)

HIDE ANSWER

No. Generally, if a contract makes it clear that a right is not assignable, no assignment will be effective. Here, under the lease, Grocers Express (the lessee) cannot assign its rights without the consent of Fleet Trucking (the lessor). Grocers Express failed to obtain Fleet Trucking’s consent before attempting to assign its rights to a third party (Harland’s Truck Service).

The correct answer is available

Chapter 16

Issue Spotters

1. George contracts to build a storage shed for Ron. Ron pays George in full, but George completes only half the work. Ron pays Paula $500 to finish the shed. If Ron sues George, what will be the measure of recovery? (See  Learning Outcome 3.)

HIDE ANSWER

Ron, the buyer, is entitled to the benefit of the bargain that was made with George, the contractor—that is, Ron is entitled to be put in as good a position as he would have been in if the contract had been fully performed. The measure of the benefit is the cost to complete the work ($500). These are compensatory damages.

2. Amy contracts to sell her ranch to Bastien, who is to take possession on June 1. Amy delays the transfer until August 1. Bastien incurs expenses in providing for cattle that he bought to stock the ranch. When they made the contract, Amy had no reason to know of the cattle. Is Amy liable for Bastien’s expenses in providing for the cattle? Explain your answer. (See  Learning Outcome 3.)

HIDE ANSWER

No. To recover damages that flow from the consequences of a breach but that are caused by circumstances beyond the contract (consequential damages), the breaching party must know, or have reason to know, that special circumstances will cause the nonbreaching party to suffer the additional loss. Amy is the breaching party because she delayed the sale of the ranch. But she is not liable for Bastien’s expenses in providing for the cattle because she had no reason to know about them.

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