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 3, Problem 6BCP
Summary Introduction
Case summary: The plaintiff CP filed a suit for breach of contract against the defendant NUC in the state of Tennesse and succeeded. When the plaintiff tried to collect the judgement in the state of Minnesota, the defendant, person B, a registered agent of NUC, claimed that the judgement was unenforceable as he was not served proper notice.
To find: The invalidation of Tennessee judgement by Minesotta court. The proper service of process when it was mailed to the defendants' medical clinic and to the wife of the physician, who owned the clinic opened the letter.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
1. Basic Research LLC advertised its products on television networks owned by Rainbow Media Holdings Inc through an ad agency Icebox Advertising Inc. As Basic’s agent Icebox had express authority to buy ads from Rainbow on Basics behalf, but the authority was limited to buying ad with cash in advance. Despite this limit Rainbow sold ads to Basic through Icebox on credit. Basic paid Icebox for the ads, but Icebox did not pass all of the payments on to Rainbow. Icebox filed for bankruptcy. Can Rainbow recoup the unpaid amounts from Basic? Explain.2. Western Fire truck Inc contracted with Emergency One Inc (EO) to be its exclusive dealer in Wyoming and Colorado through Dec. 2003. James Costello, a Western Salesperson, was authorized to order EO vehicles for hi customers. Without informing Western, Costello emailed EO about Westerns diffuclties obtaining cash to fund its operations. He asked about the viability of Westerns contract and his possible employment with EO. On EO’s…
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.
B. Hawkeye Bank & Trust and affiliated banks agreed to refer bank customers to Financial Marketing Services, Inc. (FMS) for the purchase of life insurance. Hawkeye and FMS shared the commissions. Hawkeye employees and some independent agents licensed through FMS made the actual sales; however, all insurance business was FMS’ property. Because of concern about the confidentiality of bank customer information, Hawkeye decided to terminate its contract with FMS and sell insurance directly to its customers. The independent agents claimed Hawkeye terminating the contract with FMS constituted intentional interference with the agents’ contracts and prospective relations. Was it? Explain your position.
Chapter 3 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- 2. The company's objects stated that it was to carry on a business as gown makers but the business had evolved into making veneered panels. No change had been made to the objects clause to reflect this change. A coal merchant had supplied coal to the company which was ordered on company notepaper headed with reference to the company being a veneered panel maker. The company subsequently refused to pay the coal merchant. – Can the company do so? Give reasons for your answer.arrow_forwardBee's Beauty Supplies gave an exclusive sales contract to Ellie to sale its products in the Western region of the State of Missouri. While selling the product and working with Bee's Beauty Supplies Ellie became privy to proprietary information and secrete ingredients. After selling the products for a year, Ellie thought she could make a better product herself. Ellie used her knowledge of Bee's Beauty Supplies products and created what she believed to be a superior product. She began offering her products to the clients she was selling Bee's Beauty Supplies to, while she also continued to sale Bee's Beauty Supplies. Is there an agency relationship between Bee's Beauty Supplies and Ellie? If so, who is the agent and who is the principle? What duties does Ellie owe Bees Beauty Supplies? Did she breach any duty? If so, what duty? Explain.arrow_forwardOTC Ltd has ten members which included Hudson, a chartered accountant, not employed to the Company. The articles of the Company contained a provision that Hudson would be employed by the Company to do the Company’s account by February 20, 2011 for a stated fee. Several months after the date stated Hudson did not hear from the Company and after several inquiries he was told that the Company hired another accountant. Hudson has decided to take action against the Company. Advise himarrow_forward
- Koh, a California resident, won a judgment in California of $240,000 against Inno-Pacific Holdings, Ltd., a Singapore company, but Inno-Pacific did not pay the judgment. Koh discovered that the company had an interest in land in Washington State, so he filed suit in Washington to seize the property to satisfy his judgment. The trial court in Washington dismissed the suit, because it lacked personal jurisdiction over Inno-Pacific. Koh appealed. On what basis could the Washington court have jurisdiction?arrow_forwardWhen OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…arrow_forwardFrom 2015 to 2021, Jerry lived in Houston, Texas and worked at Zydeco Records. Zydeco Records is a family-owned business with one store in Houston, Texas. In January 2022, Jerry was fired from Zydeco Records, and he moved to Colorado to work on a horse ranch. On March 10, 2022, Jerry sued Zydeco Records for breach of contract, a state-based claim. Jerry files his suit in Colorado state court. To avoid the Colorado court's jurisdiction, what should Zydeco Records do first? File an answer. File a default judgment. File a motion for new trial. O File a special appearance. ◄ Previous Next ▸arrow_forward
- In Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. 1) Did Salman establish a new prescedent as it relate to insider dealing? 2) analyze the facts, identify key legal issues with supporting opinions, and argumentsarrow_forwardIn Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. Did Salman establish a new precedent as it relate to insider dealing? For each issue, compare both existing legislations and or the case laws with the facts presented in this case.arrow_forwardIn Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. Did Salman establish a new prescedent as it relate to insider dealing?arrow_forward
- In Salman, the Supreme Court adopted the Ninth Circuit's interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the "Classical", The "Misappropriation" Theory and the "Deceptive Device" or "Affirmative Misrepresentation" Theory. Did Salman establish a new prescedent as it relate to insider dealing? Students will be assessed using a short answer assignment in the form of a case study. The case study will be assigned by the CI and covers a variety of course objectives outlined in the course | modules. Students are expected to provide an in-depth analysis of the case provided. They will be required…arrow_forwardA co-worker of Illinois licensee Mona shared a client’s confidential information with her and asked Mona not to tell anyone. Instead of keeping it to herself, Mona gave the information to another licensee. Which statutory duty has been breached? Adhere to the brokerage agreement’s terms Employ reasonable skill and care in performing brokerage services for the client Keep all confidential information provided by the client confidential Serve the client’s best interestsarrow_forwardCourtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…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 Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting 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