The Legal Environment of Business: Text and Cases (MindTap Course List)
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
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Chapter 26, Problem 6BCP
Summary Introduction

Case summary: According to the California state statutes, the seller is required to provide a real estate TDS (Transfer Disclosure Statement) to the buyers of residential property and disclosure of all the information about significant defects. A person M contracted with another person R to buy the property which included commercial building and residential building. R did not provide the TDS to M and M refused to buy the property.

To find: The possibility of breach of contract and the excuse for M’s non-performance.

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Bimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from working for one of Bimbo’s competitors, Hostess. Among other trade secrets at issue in the lawsuit is the recipe for Thomas’ English Muffins, which are estimated to account for approximately $500 million in Bimbo’s annual sales income. Botticella is alleged to be one of only seven people who possess all of the knowledge necessary to independently replicate the muffins. Should the court issue the injunction? If so, for how long?
Vuitton, a French corporation, manufactures high-quality handbags, luggage, and accessories. Crown Handbags,. a New York corporation, manufactures and distributes ladies’ handbags. Vuitton handbags are sold exclusively in expensive department stores, and distribution is strictly controlled to maintain a certain retail selling price. The Vuitton bags bear a registered trademark and a distinctive design. Crown’s handbags appear identical to the Vuitton bags but are of inferior quality. May Vuitton recover from Crown for manufacturing counterfeit handbags and selling them at a discount? Explain.
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