Chapter 34, Problem 6
Grower does not have legal rights against Arthur, Barbara, Carl, and Debra as
The issue is about corporate existence under statutory approach. All States provide
that corporate existence begins either upon the filing of
Chapter 43 Problem 9
The issue is about reverse discrimination. When a State or local government adopts an
affirmative action plan that is challenged as constituting illegal reverse discrimination,
the plan is subject to strict scrutiny under the Equal Pr
Chapter 37, Problem 1
They will succeed.
The issue is about involuntary dissolution. A court may dissolve a corporation in a
proceeding brought by a shareholder if it is established that (1) the directors are
deadlocked in the management of the corporate
Chapter 40, Problem 5
The issue is about the infringement of trademarks. Infringement of a mark occurs
when a person without authorization uses an identical or substantially
indistinguishable mark that is likely to cause confusion, to cause mistake, or to
Chapter 31, Problem 16:
It depends on whether further information is indicated in the partnership agreement.
Three components are essential to the existence of a partnership: (1) an association of
two or more persons, (2) conducting a business for profit,
Chapter 19, Problem 5
The issue is about the termination of agency: revocation of authority. A principal may
revoke an agents authority at any time by notifying the agent. Restatement, Section
3.10. Since the authority of an agent is based on the consent
Problem 8, Chapter 3
Answer: Mariana Deutsch's claim qualifies the federal jurisdictional requirement and
the Federal court can accept this case.
Issues: In this case, Mariana Deutsch claimed the damages of $25,000 for her medical
expenses and loss of sal
MANAGEMENT 511A FALL 2013
This exam consists of six questions which are to be completed by you individually, without
consultation with any other person. In formulating your answer, the work may be done open
book, open notes but citation to case
Problem 13, Chapter 11
Answer: Plaintiff, Gibson, will win because defendant made false and fraudulent
Issues &Rule of law: The requisites for fraud in the inducement are as follows: 1. a
false representation; 2. of a fact; 3. that is material
Problem 8, Chapter 48
Hyer will win because he owns the possession of the equipment.
Rule of law:
This case involves fixtures. In the absence of an agreement, the following factors are relevant in determining
whether any particular item is a fixtu
Problem 2, Chapter 22
Beyer is correct. This case involves inspection (performance by the buyer).
Rule of law:
Unless the parties otherwise agree, the buyer has a right to inspect the goods before payment or acceptance.
Section 2513(1). (Section 2
Problem 3, Chapter 16
Bostwick Co. will prevail.
Issues &Rule of law:
To protect the obligor or the public interest, some contract rights are not assignable.
These nonassignable contract rights include those that (1) materially change the
Problem 6, Chapter 8
Answer: What Lionel can recover based on the state where he lives in adopts either
contributory negligence or comparative negligence.
Issues: Lionel (plaintiff) is negligently driving an automobile at excessive speed and