Reference no: EM131546200

1. Your company owns a piece of land and is in the middle of purchasing this property to expand their footprint in the community. At the last minute, the seller has backed out of the deal, leaving you with few options. Your supervisor wants to explore the options for remedies in this case. What remedies would be available given the type of transaction and outcome at stake? Would legal damages make the company whole? What equitable remedies may be available? Explain your answer highlighting the difference between remedies at law and remedies at equity?

2. The senators of Delmarva would like to enact a statute banning the importation of any plant material into the state. Although the ban may be burdensome on interstate commerce, the state's first concern is protecting their income-producing agricultural byproducts from micro-organisms that may affect the health of the crops. There is no effective way to inspect plant material for micro-organisms at its border. Is this statute legally legitimate? What clause of the Constitution would you use to perform your analysis and what are the elements of the test that would be applied to test its constitutionality?

3. Jane lives in Florida and owns a small fresh fruit market. Robert lives in Georgia on a peach farm. For years, Jane and Robert have worked together; Jane buying peaches from Robert and Robert selling peaches to Jane for resale. Jane travels across the border to Georgia to buy her peaches because she knows that Robert has the best peaches in Georgia and her customers love them and come from miles to buy them from her. Jane contracted with Robert to buy 4 bushels of peaches and traveled to Georgia, as usual, to pick them up. Unfortunately, before Jane arrived, Robert sold her peaches to Xavier, a gentleman from North Carolina who was passing through and insisted on buying every last peach available. Jane wants to sue Robert for breach of contract. Can Jane sue Robert? What claims could she raise and in what court would she raise them? Explain your answer from a jurisdictional standpoint using the above scenario. What types of jurisdiction are at play?

4. Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea's desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car?

5. What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of transactions that would be covered by the UCC in a business context.

6. Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do?

7. What is intellectual property? What are copyrights, trademarks, and patents and why are they protected by the law?

8. Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties' deal according to the Uniform Electronic Transactions Act (UETA)? Is a "signature" from one of the company's a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position.

10. We often hear reference to the doctrine of respondeat superior in a business context. Explain this doctrine. What are the ramifications of actions taken in the context of this doctrine once it is that someone is an agent? What are the key factors that can be used to determine whether an agent's actions are within the scope of their employment? Explain these factors in the context of an original agency example demonstrating their importance.

11. You have a winner idea and can't wait to share it with the world. Knowing that the business world can be tricky, you want to protect yourself from liability before launching your fabulous product (just in case). What steps would you take to incorporate your new business? What entity would you choose? Why would you choose a corporate entity over a sole proprietorship? What factors would you consider regarding the organization of your business, including the legal advantages and disadvantages of the various entities and the roles and responsibilities of other potential parties you may want to involve? Support your answer with examples by expanding on the scenario given.