US Business Law

MID-TERM Business Law | July 5, 2019 | marks 30

INSTRUCTIONS

• The homework for every week except third week (mid-exam) and fifth week (final-exam) will be uploaded in the online study portal. For third week the mid-exam will be uploaded and for fifth week final-exam will be available.

• You are required to finish and send the homework back to professor before Friday of next week for homework in week 1,2 and 4. For mid and final-exams, you are required to send back before Monday of next week.

• Every assignment you submit to professor, the following information must be included 1. Name (both Chinese and Pinyin) 2. Homework week number/ mid or final Exam

SHORT QUESTIONS 1.5 * 10 = 15

1. Define False Imprisonment? 2. Primary difference between Assault and battery? 3. What is the difference between intentional and unintentional misrepresentation? 4. What is your understanding of “duty of care”? 5. How an actual cause is different from proximate cause? 6. what makes you strictly liable for your acts? 7. Write all the defenses to Product Liability. 8. What are the requirements for obtaining a patent? 9. What is the difference between agreement and contract? 10. What is the Doctrine of Stare Decisis?

SUBJECTIVE QUESTIONS 5 * 3 = 15

1. What is liability without fault, please elaborate the concept with example and also furnish one case law.

2. What is the function of Federal Patent Statute of 1952? 3. What are different schools of jurisprudential thoughts? 4. What is a good? Where there is a mixed contract for goods and services, what does the 5. predominant purpose test provides? 6. What are the different white-collar crimes? Representatives of hotels, restaurants, hotel and

2

7. restaurant supply companies, and other businesses located in Portland, Oregon, organized an association to attract conventions to their city. Members were asked to make contributions equal to 1 percent of their sales to finance the association. To aid collections, hotel members, including Hilton Hotels Corporation, agreed to give preferential treatment to suppliers who paid their assessments and to curtail purchases from those who did not. This agreement violated federal antitrust laws. The United States sued the members of the association, including Hilton Hotels, for the crime of violating federal antitrust laws. Can a corporation be held criminally liable for the acts of its representatives? If so, what criminal penalties can be assessed against the corporation? United States v. Hilton Hotels Corp., 467 F.2d 1000, Web 1972 U.S. App. Lexis 7414 (United States Court of Appeals for the Ninth Circuit)

8. 8. What are the different classifications of contract? G. S. Adams, Jr., vice president of the Washington Bank & Trust Co., met with Bruce Bickham. An agreement was reached whereby Bickham agreed to do his personal and corporate banking business with the bank, and the bank agreed to loan Bickham money at 7.5 percent interest per annum. Bickham would have ten years to repay the loans. For the next two years, the bank made several loans to Bickham at 7.5 percent interest. Adams then resigned from the bank. The bank notified Bickham that general economic changes made it necessary to charge a higher rate of interest on both outstanding and new loans. Bickham sued the bank for breach of contract. Was the contract a bilateral or a unilateral contract? Does Bickham win? Bickham v. Washington Bank & Trust Company, 515 So.2d 457, Web 1987 La.App. Lexis 10442 (Court of Appeal of Louisiana) v