The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 24, Problem 1BS
Summary Introduction
Case summary : The person P received an advertisement circular in his mail from the company E announcing a line of regional cookbook. A was not interested and threw away the advertisement circular. Two days later, he received a cookbook as a free trial. A didn’t return the product, and E demanded payment for the cookbook.
To find: The liability of A to pay for the product.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
112) What is a trademark?
a) A recipe.
b) A word, name, symbol, or device that is used in trade with goods to include the source of the goods and to distinguish from the goods of the others
c) A firm of protection provided to the authors of original works of authorship
d) Something that excludes others from importing the innovation into the United States
In November, Lansing Corporation provided a free turkey or ham to every employee who asked for one. Do these employees who received a turkey or ham have any tax consequences?
1. Under federal anti-trust law, it is illegal for a group of consumers to attempt to boycott a certain chain of retail stores.
A. True
B. False
Chapter 24 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Mary, a keen pottery collector, saw a notice for an auction at James Pottery Limited on September 30th 2017 in the Daily News. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item of Mozart pottery, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site she found a notice outside, stating that the auction had been canceled. Mary went into a nearby antique shop and saw an item of the same type of pottery she had come to bid for, which the price ticket stated $5000. Mary indicated to the shop owner, Anthony, that she was only willing to pay $4,000 for it. However, Anthony said he would sell it for $4,500. Mary then indicated to him that she would like time to think about it over lunch; Anthony thereafter, agreed not to sell it before Mary returned. However, when Mary returned to buy the pottery, she found that Anthony had already sold it to someone else, who had paid $4500 for it. In the context…arrow_forwardSolar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.arrow_forwardDefine the Parol Evidence Rule. What does the “four corners” directive state? What exceptions, if any, does the rule allow?arrow_forward
- Mr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.arrow_forwardProduksi Jitu Sdn Bhd produced a Malay film called ‘Legenda Ratu Hijau: Puteri Saadong’. Mr Alex a cinema owner at Sungai Petani, negotiated with Produksi Jitu Sdn Bhd, regarding the rights to show that film for four weeks at RM500,000. Produksi Jitu’s Managing Director Mr Shahbani said the film was a real bargain with an extraordinary new visual experience since the film uses 3D-HD photography. Mr Shahbani showed Mr Alex a report that estimated the average takings of the film when shown at cinema in Shah Alam. Mr Alex read the report. It stated on average the film will make approximately RM600,000 per week. Mr Alex thought he might send his accountant to look at the accounts to verify the report, but decided not to. Mr Alex was impressed with what Mr Shahbani had said and in any event, he wanted to be the first cinema in his town to show 3D-HD film. Mr Alex purchase the rights to show the film at RM500,000. It turned out to be disaster. The photography was ordinary. At the time of…arrow_forwardsecond answer of part barrow_forward
- After working as the manager of Piedmont Commons branch of Washington Mutual Bank (Washington), Dave Cummings was transferred to another branch. The new manager of Piedmont discovered $58,000 was missing from cash dispenser machines to which Cummings had had access. Bank investigators found security photos showing Cummings violating bank policy requiring two persons to be present when cash was handled. employees told them he had frequently violated the policy. The investigators asked him to take a polygraph test and he refused. Washington fired him telling him it was because he violated the policy. Cummings sued Washington alleging it had violated the EPPA. Had it? full-time sales associate for Kohl’s Department stores, inc., Pamela Manning worked predictable shifts starting no earlier than 9 a.m. and lasting no later than 7 p.m. Kohl’s carried out a nationwide staff restructuring which cut the hours for Manning’s department. she kept her hours by working in other departments as…arrow_forwardCritkal Thinking A woman sued Taco Bell for deceptiveadvertising, claiming its tacos had far less beef thanadvertised. Taco Bell, understanding the potential damage to its brand, immediately went on the defense andfiled a countersuit. In addition, Taco Bell's CEO posteda video statement and essentially released its recipe forseasoned beef, which contains 88 percent beef that is100 percent USDA inspected. 68Was this enough for Taco Bell to do to avert a PRaisis? What else could they have done?arrow_forwardDeon lost her dog and advertised a reward of $5000 to the finder. This appeared in the local paper but Clark did not see it. He later found the dog and returned it to Deon who thanked him profusely. Clark later found out that there is a reward, and returned for it. Which one of the following statements represents the legal position? Clark is not entitled to the reward because he was not aware of the reward. Clark is not entitled to the reward because all newspaper advertisements are invitations to treat and not offers. Clark is not entitled to the reward because he did not tell Deon he was looking for the dog and so never accepted her offer of a reward. d. Clark is entitled because it was offered. Clark is entitled to the reward. He saw the offer and accepted by conduct, motive being irrelevant.arrow_forward
- JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.arrow_forwardThe Case: Ben purchased a used Laptop from Smart store during the sales period. He asked the salesperson, Rodny, if the Laptop had ever been damaged. Rodny (the salesperson) had never seen the Laptop before that morning and knew nothing of its history but quickly answered Ben’s question by stating: ‘No. It has never been damaged’. In fact, the Laptop had been seriously damaged previously and, although repaired and bought during the sales, it was worth much less than the value Ben had paid. When Ben learned the truth, he wanted to return the Laptop. Smart store replied that he cannot do that because they have a legally binding agreement and as per the agreement the items purchased during the sales cannot be returned. Questions: A) Does the behavior of the salesperson, Rodny, constitute deception? If it constitutes deception please precise which type of deception and explain in detail all the elements of the type of deception selected. B) Decide, based on the analysis made under…arrow_forwardBob went out with his friends to celebrate his birthday. They went to a bar where they drank copious quantities of alcohol. In the morning, Bob had not slept and was still obviously intoxicated. He found his way to a car dealership near his house and entered into a contract to buy a Mercedes Benz SUV for the cost of $140,000.00. The car salesman could smell alcohol on Bob's breath, he noticed his eyes were bloodshot and "glossy" while they were signing the papers relating to the sale, and when Bob left he could see that he was unsteady on his feet. Bob left the dealership and went home and went to bed. He slept for two days. The car salesman from the dealership called Bob 4 days later to tell him that his vehicle was ready for pick up. Bob had no memory of the buying any car. In these circumstances:A. the contract is void ab initio because Bob lacked capacity to contract due to his intoxicationB. Bob can avoid or repudiate the contract within a reasonable time after he regains capacity…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education