Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Question
Chapter 2, Problem 1CT
Summary Introduction
Case summary: A company WH, which is based on the People’s Republic of China, operates through multiple websites. It has been continuously engaging itself in the selling of counterfeit products of company G through its websites. Evidence has been furnished that proves that the company has entered into contract with a resident of San Jose, California, hence establishing the necessary requirement of minimum contact.
To explain: Jurisdiction of the federal court over the company WH, had it not entered into a contract with the private investigator in San Jose, California.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
As part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…
1. Should George have accepted the listing? George states, “I am not discriminating. The owners are the guilty party.” Can george filter potential buyers by credit score? By race?
2. Now that George has accepted the listing, could he be guilty of fair housing violations by association? Could he be innocent because he is only “following orders”?
19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's
fingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle under
the implied warranty of merchantability, The test for determining whether Suzy will recover is
whether:
A) the nail polish she bought was suitable for the needs of the average consumer.
B) the nail polish she bought properly performed its function of coloring one's nails.
C) such a reaction in an appreciable number of consumers was reasonably foreseeable.
D) the ingredient causing the reaction was foreign to the nail polish or natural to it.
nating one model, Bobby notices
Knowledge Booster
Similar questions
- State and describe three (3) potentials grounds for overturning an NLRB election.arrow_forwardJoan, who is a massage therapist graduate, incorporated a massage type business with one of her minor children as the shareholder. Michelle, who is also her best friend, is a regular client of which Joan had rendered massage services each month. Michelle paid Joan’s professional service thru her insurance benefits from her company. Michelle felt that she wants one more massage service and, this time, she used the insurance benefits of her son, Jake, and her son’s name as though the client of Joan. Joan issued a receipt in the name of Jake. Can a minor be shareholder? Can a minor shareholder act as director as well? What is the legal issue with respect of using the insurance benefits of family member. Also, on ethics and professional conduct. The majority shareholders of the ABC Corporation wanted to sell its main assets. The directors called a meeting of shareholders of which the shareholders passed resolution instructing the board of directors to go ahead with the sale, despite…arrow_forwardYou may have seen the very popular Broadway show or movie Les Misérables, based on Victor Hugo’s epic nineteenthcentury French novel of the same name. The main character, Jean Valjean, steals a loaf of bread to feed his sister’sstarving family and is arrested and sent to prison. If we apply conventional reasoning and principles of law to his crime,Valjean genuinely is guilty as charged and we do not need to consider any extenuating circumstances. However, in aKantian ethical framework, we would take into account Valjean’s motives as well as his duty to treat his sister’s family asends in themselves who deserve to live. Valjean’s fate demonstrates what might occur when there is a gap between thelegal and the moral. Clearly, Valjean broke the law by stealing the bread. However, he acted morally by correcting awrong and possibly saving human lives. According to Kantian ethics, Valjean may have been ethical in stealing bread forhis family, particularly because the action was grounded in…arrow_forward
- What is the significance of a proxy statement in corporate law?arrow_forwardWhere would jurisdiction lie in the case where Tabitha makes a threatening and harassing telephone call from her home in Nebraska to Dave who receives the call at his home in Montana, a violation of the criminal statutes of both states? What difficulties might be encountered in attempting a prosecution in either state? Can you think of any place on earth, or the airspace around it, where a crime could be committed, but no court would have jurisdiction?arrow_forwardMr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.arrow_forward
- Criminal liability requires both a bad act (actus reus) and a guilty mind (mens rea). Group startsTrue or False True, unselectedFalse, unselectedarrow_forwardPlease use the IRAC method to analyze the case. 1. A merchant ordered a shipment of leather overseas. As a result of the pandemic, the owner ofthe vessel who had docked at a port, sold the leather to another person who badly needed thegoods in the area he had docked the ship.With reference to case law, advise the merchant and the owner of the vessel. Would your answerbe different if he was shipping fruits? 2. Explain one (1) way by which an agency relationship may be createdarrow_forwardYou are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.arrow_forward
- How did the court evaluate the Prewitt v Numismatic Funding Corporation case?arrow_forwardAfter two years of research and the investment of considerable funds, coast-to-coast company (cc) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National sales, Inc, has made and begun to sell a nearly identical prod-uct CC learns from a reliable source that national paod a CC employee to obtain the plans for CC's product while it was in development. What legal re-course does CC have against National ?arrow_forwardBased on the Taco Bell case (1982), how would the courts determine misleading or deceptive conduct?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 LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting 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