~ How do you view law and the legal system with regard to how your beliefs correspond to a particular school of jurisprudence? Which school do you feel that your beliefs most closely correspond to and why? Illustrate your answer with a specific example or examples.
2) On April 19th, 1995, the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma was
blown up resulting in 168 dead and over 800 injured. Three men were arrested for the crime,
Timothy McVeigh, Terry Nichols and Michael Fortier. Prior to trial, the defendants requested that
the trial be moved out of Oklahoma to another state. What would the court take into consideration
when deciding whether a change of venue was warranted in this case?
3) Increasing numbers of consumer contracts contain arbitration clauses in which the consumer
agrees in advance that any dispute related to the contract will be submitted to an arbitrator, often
chosen by the other party to the contract. Agreements between consumers and insurance com-
Agreements between consumers and insurance companies, as well as agreements between stockbrokers and their clients are two areas where these are increasingly common. What are the advantages and disadvantages to the consumer of such a clause? Should these clauses be effective to allow consumers to give up their rights to use the court system? Does it affect your analysis if you learn that many consumers are not aware of these provisions or do not understand them when they enter into these agreements? How enforceable should these mandatory arbitration clauses be?
1) The Sony Bono Copyright Term Extension Act of 1998 granted individuals copyright protec-
tion for their life plus 70 years. Do you believe that a period this long is necessary to encourage
the production of creative work? What are the advantages and disadvantages of a longer copyright
2) You are the chairperson of Wayne’s World of Widgets (WWW). WWW employs about 4,000
people in a huge manufacturing facility located in Hooterville, a small Midwest town on 8,000
total residents. WWW is Hooterville’s largest and only significant employer. In fact, Hooterville
is suffering from a 21 unemployment rate due to the failure of a number of businesses in town.
Your CFO has just delivered a report stating that while WWW is currently profitable and is expected
to remain so, if the plant were closed and the facility moved to Tijuana, Mexico, WWW could save
an enormous amount of money due to reduced salaries. removal of benefits and other miscel-
laneous costs. WWW would certainly like to increase profits but the move would devastate Hoot-
ervi lie and the loyal WWW employees. The board is hotly debating the issue. They ask you for a
report discussing the move from a business ethics and responsibility perspective.
~ Why are quasi-contracts needed? Why is it not better to just say that un less parties express or
\,i;IPliedlY make a contract, there is no deal?
please answer ONE of the following:
1) Hillary made an oral agreement to sell her car to Rudy for $1,000. The keys and money were
exchanged the next day. Soon afterward, Rudy experienced problems with the car and tried to
rescind the contract based on the statute of frauds. Will he be successful?
Q In many cases an incidental third-party beneficiary suffers a loss that can be directly traced to
a party’s breach of contract. Explain why incidental third-party beneficiaries are not able to recover
their losses in such situations.
3) Cyber-time Software sold a software package to a client. The terms of the contract provided
that the client was purchasing use of the software for six months. Cyber-time delivered the soft-
ware copy on compact discs, encoded to become usable on May 1,2002, with payment due from
the client by June 1, 2002. Unbeknownst to the client, the software was set to disable on June
15, 2002, unless Cyber-time supplied the client with special software to reactivate the program,
which would be done upon full payment. Discuss the legality of this situation.
Please answer ONE of the following:
1) Is it reasonable for certain provisions of the UCC to apply to merchants only or to apply differ-
ently to merchants than non merchants? Shouldn’t anyone who chooses to enter into a commercial
transaction be held to the same standard? Is it unfair to have the two standards?
~ Why did contract law develop for hundreds of years and function well without a Uniform Com-
~rcial Code? Why did any need for standardized laws from one jurisdiction to another not get
addressed until the beginning of the twentieth century?
3) Fashion Futures is an upper end-retail clothing store that specializes in clothing for aging baby
boomers who don’t want to admit that they are aging. Fashion Futures entered into a contract to
purchase 100 pairs of designer pants each month for the 2001 calendar year. The pants were
to be delivered by the 10th day of each month. For the January order, Fashion Futures ordered
50 pairs of black pants and 50 pairs of navy blue pants. When delivered, the order contained 60
pairs of black pants, 10 pairs of navy blue pants, and 30 pairs of olive green pants. The order was
delivered late in the day on January 10. Fashion Futures is upset because the proper goods were
not delivered. On January 12, Fashion Futures sent a letter to the supplier saying that it was keep-
ing 20 pairs of the olive green pants and 20 pairs of the black pants, and rejecting all the others,
including all the pants for the other 11 shipments. Discuss the legal issues likely to arise when
the supplier objects to these actions. Assume that there are no contract provisions addressing any
of the legal issues that might arise. What contract provisions might the parties have included in the
contract that would have limited the effect of the perfect tender rule?