The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
expand_more
expand_more
format_list_bulleted
Question
Chapter 24, Problem 1BS
Summary Introduction
Case summary : The person P received an advertisement circular in his mail from the company E announcing a line of regional cookbook. A was not interested and threw away the advertisement circular. Two days later, he received a cookbook as a free trial. A didn’t return the product, and E demanded payment for the cookbook.
To find: The liability of A to pay for the product.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter.
Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised.
However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers. They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement.
Advised Bill on his legal options stating relevant case law as well as using the IRAC…
Please explain asap and give examples
Jeb is a licensee who wishes to sell his own
home. He isn't sure if he should include the fact
that he is a license holder in his advertisements.
As Jeb's broker, you tell him that:
"You are not required to include that you are a
license holder in your ad and you must never
verbally disclose your status as a license
holder."
"You are required by law to include that you are
a license holder in your ad."
"You are not allowed to say that you are a
license holder when selling your own home."
"You are not required to include that you are a
license holder in your ad, but I recommend that
you disclose that information to potential
Chapter 24 Solutions
The Legal Environment of Business: Text and Cases
Knowledge Booster
Similar questions
- Prego introduced a Pasta Bake Sauce, which called for uncooked pasta blended with pasta, sauce, meat, and cheese in a casserole. Legally, this product should only be labeled as new Multiple Choice until its advertising had been seen by every member of its target audience. if it was functionally the same as its salsa sauce. as long it retained these exact product characteristics. for the first six months that it was regularly available at a variety of grocery stores. until a competitor such as Ragu had issued a similar product targeted to the same market.arrow_forwardSolar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.arrow_forwardAccompanying the release of every Disney movie was an avalanche of commercials by McDonalds promoting characters from the movie in its “Happy Meals.” The two companies had entered into a strategic marketing partnership in 1996 for 10 years that was valued at $10 billion. The two companies agreed to promote Disney movies using a marketing campaign featuring television and radio spots and in-store giveaways. Both companies benefitted from this arrangement. Disney got to create awareness for its movies and McDonalds used recognizable characters to draw customers (particularly kids) to their restaurants. Clarify What McDonalds and Disney had as a strategic cooperation. Explain why would firms enter into this kind of strategic cooperation? Describe how it Can Create Value for Firmsarrow_forward
- 112) What is a trademark? a) A recipe. b) A word, name, symbol, or device that is used in trade with goods to include the source of the goods and to distinguish from the goods of the others c) A firm of protection provided to the authors of original works of authorship d) Something that excludes others from importing the innovation into the United Statesarrow_forwardLocal camping supply store, Happy Campers, has been sued by an angry customer for breaching ACL s 54. According to the customer, Happy Campers sold her a pair of hiking boots that broke soon after she started wearing them. According to Happy Campers, the customer was told that the shoes were discounted because they were defective. Required: You have been asked to interpret ACL s 54, and to help Happy Campers understand if it has a valid defence.arrow_forwardPasuman was entitled to a car as part of his promotion package. He went shopping and saw a car he liked in the showroom of JK Motors but since that was the first stop, he needed to check other showrooms so he asked the sales representative to put the car aside till the next day. Pasuman could not find a better car in all the other showrooms visited, and on his way to the office found Seyram driving the car he had reserved at JK Motors. He quickly went to JK Motors to demand the car but was told it had been sold. Advise Pasuman as to whether he can sue.arrow_forward
- 10. As defined in the textbook, a trademark is: a) information used in a trade or business that offers its owner a competitive advantage and that can be kept secret b) a temporary monopoly granted by a government to an investor to exclude others from using an invention c) an exclusive right granted by a government to copy and distribute an original work. d) an exclusive right granted by the government to a trademark owner to use a specific name or symbol in association with a class of products or servicesarrow_forwardDescribe the role of the Federal Trade Commission with online advertising.arrow_forwardBoth diverted and gray-market merchandise are "real" products from the manufacturer (as opposed to counterfeit merchandise which is a knock off and not made from the legitimate, copyrighted or trademark owner), however, when products are sold to unauthorized retailers by third parties, the products are then considered to be diverted or gray-market. Is it True or False?arrow_forward
- Sellers may introduce into the marketplace any product, in any size and style, that is not hazardous to personal health or safety, or if it is hazardous, introduce it with the proper warnings and controls True Falsearrow_forwardDaniel is the listing broker for a seller. After marketing the property for several weeks, he still has not received any offers on the property. The seller then advises Daniel to advertise specifically to Hispanic buyers since the seller believes Hispanic buyers are likely to purchase more quickly using all-cash. How should Daniel proceed? Group of choice O. Daniel should immediately withdraw from the listing agreement. O. Daniel must explain to the seller that advertising specifically to Hispanic buyers is a violation of the federal fair housing laws and not follow through with the seller's instructions. O. Daniel must adhere to his fiduciary duty of obedience and follow through with the seller's instructions. O. Daniel should explain to the seller that this is unethical but still proceed with the seller's instructions.arrow_forwardDraft conflict of Interest Policy for a packaging companyarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting 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