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b_law_final_exam_fall_2014.doc

BUSINESS LAW

FINAL EXAMINATION Kathryn S. Williams

1.

Casey Cone was the manager of an ice cream stand known as Cones, ETC in Portsmouth, New Hampshire. Casey received a weekly paycheck but operated the ice cream stand without any supervision from Cones, ETC. In addition to her paycheck, she received 5% of the gross sales of the ice cream stand. There was a company policy that no one could be hired for more than two months at a time, but Casey hired Sally to help and promised her that she could have a job the following summer as well. Ivan Icy bought some ice cream from the ice cream stand and claimed that he became sick from the ice cream and his dinner guests also became ill. Cones, ETC fired Casey because she hired Sally, but the next season, Sally showed up for work not knowing about Casey being fired, found the ice cream stand locked and broke in. When inside, Sally saw a man and thinking he was a burglar, grabbed him thereby breaking two of the man's ribs. The man turned out to be the new manager. Casey opened a competing ice cream stand in Portsmouth called Cones and All. Discuss all legal issues.

2.

Describe the requirements of negotiability under Article III.

3.

What advantages does a secured creditor have over an unsecured creditor? What rights does a secured creditor have?

4.

Describe the differences among LLCs, general partnerships and corporations.

5.

Describe four (4) ways to acquire ownership of personal property.

6.

Describe at least five (5) laws governing employment.

7.

Describe some debts that cannot be discharged in bankruptcy and describe some assets that can be retained in bankruptcy. Give your thoughts as to why these are good rules.

8. Describe the implied warranty of merchantability and discuss reasons why it is a good law and some reasons why it is not a good law.

9. Describe four kinds of intellectual property.

10. From the discussion board, choose one post from another student. Discuss something of interest about the case that student wrote about. Also discuss how you think the parties could have avoided a lawsuit.