1. Business Solutions Corporation (BSC) sells business application software—wage, price, and inventory coordinating programs, for example—in different combinations and packages, at different prices, downloadable online. To complete a deal, a purchaser clicks on a button that, with reference to certain terms, states, "I agree." What is this sort of agreement called? Do the parties have a binding, enforceable contract that includes the terms? Explain how each element is met or not met.

 

2. On behalf of Meadow's Edge Golf Course & Club, Norton signs and returns a letter from Oralee, referring to her services as a resident golf pro and their price. When Norton attempts to complete the deal, however, Oralee re­fuses, claiming that they have no con­tract. Norton claims that they do. What standard determines whether these parties have a contract? Do they have a contract under this standard? Why or why not?

3. Isabel owns a house, which she advertises for sale for $300,000. On April 1, Jon-Pierre offers Isabel $280,000 for the house. On April 5, Isabel has delivered to Jon-Pierre at his office a form that includes additional terms but does not state a price. At 9 a.m. on April 6, Jon-Pierre signs the form and gives it to Karla, his administrative assistant, with instructions to mail it. At 10 a.m., Isabel calls to tell Jon-Pierre that the deal is off. The next day, Karla mails the signed form to Isabel. When Isabel refuses to sell the house to Jon-Pierre, he files a suit against her, alleging breach of contract. Isabel claims that there was no contract. What are arguments supporting each party's position? What is the court likely to rule? Explain.

 

4. For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc., both use the phrase "Looks Great" on their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Now argues that the phrase generally is not associated with any particu­lar firm and that other companies use the same phrase on their labels and in their ads. In whose favor is the court most likely to rule, and why?

 

5. Jennifer used to be a food buyer for Vegan Food Company when she decides to leave to start up her own business called Jennifer's Kitchen. She contacts Vegan Food Company's suppliers, offering to buy their entire harvest for the next year, Vegan's customers, and even offers to sell her products for less than her former employer. Has Jennifer violated any laws? Explain which laws might be triggered and why.

 

6. June tells Evan that she will pay him $10,000 to set fire to her store so that she can collect under a fire insurance policy. Evan sets fire to the store, but June still refuses to pay him. Analyze the applicable law to see if all elements can be met for Evan to recover. Can Evan recover? Why or why not?