David later refuses to pay the license fee due Inet because he claims his electronic signature and information were not authentic. Inet sues David to recover the license fee. Is David’s electronic signature enforceable against him? Explain your answer.
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David Abacus uses the Internet to place an order to license software for his computer from Inet License, Inc. (Inet), through Inet’s electronic website ordering system. Inet’s Web page order form asks David to type in his name, mailing address, telephone number, e-mail address, credit card information, computer location information, and personal identification number. Inet’s electronic agent requests that David verify the information a second time before it accepts the order, which David does. The license duration is two years, at a license fee of $300 per month. Only after receiving the verification of information does Inet’s electronic agent place the order and send an electronic copy of the software program to David’s computer, where he installs the new software program.
David later refuses to pay the license fee due Inet because he claims his electronic signature and information were not authentic. Inet sues David to recover the license fee. Is David’s electronic signature enforceable against him? Explain your answer.
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- Jackson is a car purchasing agent for Highway Motors, a used car dealer. Jackson attends wholesale auto auctions and notices that some autos have consistently greater demand and higher prices. Jackson forms a car purchasing partnership with Viva Inc. to buy these cars from "for sale by owner" advertisements and then sell them in Viva's name at the auto auctions where Jackson purchases them for Highway. Discuss if Jackson has violated any duty he owes Highway Motors.An employer under the union contract has the right to demand a back to work slip from a doctor to allow an employee back to work after three days absence. The employee brings a slip from his doctor dated the morning before his return to work saying, “This employee is physically able to return to work. Discuss whether the employee has met his obligation.Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damages
- A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? Answer the questions.:Unsolicited Merchandise: Are there certain circumstances in which a person receiving unsolicited merchandise should be required to return the merchandise to the sender if he or she does not wish to purchase it? What are some of the reasons that the federal government might wish to make no exceptions to the rule freeing consumers of any liability for failing to return unsolicited merchandise?On March 3rd 2009, the Fraud Examination Team, a department of the Bureau of Fraud Examination, received a call from Anton Valukas, chairman of the Chicago law firm Jenner & Block LLP. In early 2009, a bankruptcy court in New York assigned Valukas to investigate and report on the causes of Lehman Brothers Holdings Inc (LBHI)[1]’s 2008 bankruptcy. During this investigation, Valukas came across “Repo 105” and “Repo 108” transactions that Lehman used from 2001 to 2008. A “repo” or repurchase agreement is a form of short-term borrowing, whereby one party agrees to temporarily “sell” securities to another party at a specified price, while also committing to repurchase them at a future date, and at a usually higher preset price by the same buyer. While “repo” transactions are legal and are frequently used by investment banks as a means of obtaining short-term financing, Valukas stated that given the period of the fiscal year when these transactions were mostly conducted, as well as how…
- Describe the workflow needed to authorize therapeutic under emergency use authorizationMichael built a calculator (which graphs) using plans Michael found posted on the internet, but he unreasonably didn’t follow the plans when he constructed the calculator. Michael then sold the calculator to Jack who was injured when the calculator exploded because it hadn’t been built according to the plans. After the explosion Jack was taken to the Hospital emergency room (“ER”) where he signed a consent form authorizing Dr. Joe, the ER doctor, to perform a surgical procedure called Surgery X. But, instead Dr. Joe performed Surgery Y, a different procedure than Surgery X. A. What cause(s) of action should Jack use if he sues Michael for Jack’s injuries. Discuss. B. Has Joe, the ER doctor, committed any intentional torts? If so, discuss.A sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops. Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop. Answer the following: Does Karl have any legal grounds to claim the price of $12? Would your answer be different if Karl already…
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