The state of Delmarva is making an effort to become greener and conserve more energy to set an example for its corporations from a corporate social responsibility standpoint. The state would therefore like to ban the power utilities from using any advertising if conservation could be accomplished by less restrictive means. Is Delmarva within its rights as a state to pass this legislation in the interest of energy conservation? Why or why not? What type of speech is the state trying to limit? What, if any, protections are available for the utility companies?
Q2
Susie’s Stationary, Inc., does virtual business with Paper Makers, Inc., exclusively online where Susie order stationary products that she resells on her website under her name. All of their contracts they sign for products bought and sold are electronic in nature. Under the Uniform Electronic Transactions Act (UETA), if the issue of whether there was a valid contract were to arise, what factors and considerations would determine the effect of the electronic documents the parties have that formalize their deal? Is a “wet signature” necessary? Explain your answer using the fact pattern and any applicable law.
Q3
What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of transactions that would be covered by the UCC in a business context.
Q4
Choose an administrative agency you have learned about or encountered in the business world. Using this agency, create a scenario and walk the agency through the rulemaking process to promulgate legislation that pertains to your business sector of interest.
Q5
SoftWorld Products, Inc. develops, patents, and markets a new software program that is expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.’s new system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.’s program without its permission. Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would simultaneously enable to profit from the sales being made by Global Gurus, LLC?
Q
We often hear reference to the doctrine of respondeat superior in a business context. Explain this doctrine. What are the ramifications of actions taken in the context of this doctrine once it is that someone is an agent? What are the key factors that can be used to determine whether an agent’s actions are within the scope of their employment? Explain these factors in the context of an original agency example demonstrating their importance.
Q7
We often hear reference to the doctrine of respondeat superior in a business context. Explain this doctrine. What are the ramifications of actions taken in the context of this doctrine once it is that someone is an agent? What are the key factors that can be used to determine whether an agent’s actions are within the scope of their employment? Explain these factors in the context of an original agency example demonstrating their importance
q8
Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren’t being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law.
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