Written Assignment 2 - BL240
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School
University of North Alabama *
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Course
890
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by DukeStarChimpanzee47
Phillip Alexander Glenn
L00702932
10/09/2022
Written Assignment 2
“I declare and affirm that the work submitted for this assignment is my own work product from
my own labor, efforts, and endeavors, and that I did not receive, seek, offer, or accept
unauthorized aid or assistance or use the work product of another, unless otherwise so stated
fully and completely herein.”
1.
Can KFC sue Kyle for harm to its business interests, including infringement of and dilution of its trademark and trade name?
yes, a trade name is directly related to a business’s reputation and goodwill, and is protected under trademark law. Trade names are protected under the common law, but only if they are unusual or fancifully used.
2.
Would KFC and Kyle’s case be under federal or State Jurisdiction?
Federal courts have jurisdiction over trademarks and unfair competition claims under 15 USC Section 1121, 28 USC Sections 1331 and 1338 and the doctrine of supplemental jurisdiction, 28 USC Section 1367.
3.
Can KFC sue Kyle’s employees for throwing vegetables at trucks?
Yes, under state and federal KFC has the right to file an intentional tort on the empoyees. These charges could include felonies and punishments of up to 3 years in prison under the Alabama Code Title 32
4.
5.
Is Kyle liable for the employee’s actions?
The lawsuit would be up to the courts to determine if the employees were acting with the scope of employment of Kyle’s business.
6.
Are Kyle’s contracts with Slogans R Us, LTCS. or WLEO affected by any of the problems Kyle is facing?
If Kyle has to rename his tradename or slogan, then he might be forced to take down or alter ads maintained by Sloganss R Us, and WLEO. Depending on the contracts in place with those companies, he could be in violation or be forced to
a mutual rescission
, release, impossibility of performance. Due to the outcome of these contracts Kyle may be forced to pay compensation for damages caused by the break in contract.
7.
Would Common Law or the UCC oversee The offer made by UNA’s CEO to Kyle?
The UCC will oversee this transaction because it is a sell of goods over $500
8.
When does UNA’s offer to Kyle become a contract?
According to state and federal law 29 CFR 4.107, an offer becomes a binding contract when the offer is accepted.
9.
What kind of contract does Kyle make with Scooter?
Kyle and Scooter enter a unilateral, informal, expressed contract because the agreement was a promise in return for an act which was accepted verbally without documentation.
10.
Is Kyle’s demand of Scooter ethical/legal?
Overworking could be classified as unjust worker environment which violates the standards set in the CSR (Corporate Social Responsibility).As there are many restrictions that require a set amount of time off from work, if Scooter exceeded this amount of time on duty then not only was Kyle’s demands unethical but possibly illegal
11.
Will Kyle have to fulfill his contract with Scooter?
Yes, Kyle and Scooter entered a legally binding contract as soon as Scooter accepted this offer guaranteeing a reward for his action to fulfill UNA’s order. 12.
Could Scooter sue Kyle over his relapse?
Scooter, after undergoing harm caused by overworking because of Kyle’s demands would have a
very high chance of winning a lawsuit over him due to violating CSR practices.
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