Business Law and Copyright Infringement Essay
The purpose of this project is for you to analyze an event that has legal consequences (we call this a fact pattern) that is related to some of the topics we are covering in class. I have provided multiple fact patterns from which you may choose ONE (dealing with torts, easements or contractual issues (which we will cover in Chapters 10-12)) or you can come up with a situation related to topics we have already covered that interest you, as long as I have approved it in advance.
The assignment is to prepare a 500-1000 word analysis using the IRAC method (which is explained in the posted video titled IRAC Video on Method of Analysis, and requires you to identify the relevant facts, the specific legal issue implicated, the applicable rules or law, and then provide an analysis and conclusion of how the case might be decided.
You may work as a “solo attorney” on this project or in a “law firm” of up to 3 attorneys. Please identify your firm through this portal.
Check in with me by October 29, identifying your project and the attorney(s) assigned to it.
Project Due date is Nov. 24, 2020, 11:59pm. It must be submitted through this portal as instructed. You will have two attempts to upload the project in case you need to correct an error in submission (i.e., you uploaded the wrong version, etc.)
Fact Pattern Choices (Choose One, or you may present a different fact pattern to me for approval)
On Thursday, May 14, Tenant received the following letter from Shore: Dear Tenant, I will let you have my Shore House for this June through August season, same terms under which you occupied it last year. Please reply in a week. Tenant noticed Shores letter was postmarked May 11. Earlier in May, Tenant had made inquiry at The Cliffs, a mountain resort owned by Cliff. In Cliffs absence, Joe, one of Cliffs caretakers, had shown Tenant two available houses, Hi-Vu and Lo-Vu, which Joe stated were listed for rent at $6,000 and $3,000, respectively, for one season.
On May 15, Tenant received a letter from Cliff which read, This confirms statements by Joe.
You may have Hi-Vu at $6,000, or Lo-Vu at $3,000, for the season June through August, all services included, payable in equal monthly installments.
On May 17, Tenant wrote to Cliff as follows, I think your prices are high. Will you take $5,000 for Hi-Vu? If not, then Ill have to settle for Lo-Vu, and I agree to pay the $3,000 you ask, only I hope you may be willing to consider some concession if I pay the whole $3,000 in advance.
On May 17, Tenant learned that Shore had sold Shore House to Jones for Joness immediate
occupancy. On May 18, Cliff received Tenants letter and Cliff immediately telegraphed Tenant, No change in prices. See my letter of the 16th. Tenant received Cliffs telegram the same day, May 18. Later that day Tenant also received Cliffs letter of May 16, which read, Our deal is off. Tenant immediately wrote Shore, Ill take Shore House per your letter of the 11th.
The normal course of post between Tenant and Shore and Tenant and Cliff was one day.
You may assume that all requirements of the Statute of Frauds have been satisfied. What rights, if any, does Tenant have against Shore and against Cliff? Discuss. (100 Points)
On April 1, Ann Star, a young television personality, signs a contract with Bland Television Network to perform May 1 in a one-hour live TV show from 8 to 9 p.m. Bland agrees to pay Star $1,000 for this performance. The contract also provides that if for any reason Star does not appear as scheduled, she will forfeit the sum of $25,000 to Bland as liquidated damages.
On April 10, Star informs Bland that she is suffering from acute fatigue and that her physician
probably will not allow her to appear as scheduled. Bland immediately urges her in writing to fulfill her contractual obligations.
On April 15, Star tells Bland that she has miraculously recovered and will appear as scheduled on the May 1 show.
On April 23, Bland informs Star that, due to her unpredictability, it has hired actress Prima Donnaas of that date and will not require Stars services.
On April 28, Prima Donna breaks her leg in an accident. Bland immediately wires Star that it has
reconsidered the whole matter and will hold her to the original contract to perform on May 1.
On the evening of May 1, Star appears at the studio ready to perform, but Bland, acting under orders from the Federal Communications Commission, cancels the show in order to broadcast a special address by the President of the United States.
Discuss the legal implications of the foregoing events. (100 Points)
Three (Contracts, Torts)
Buyer, who was in the market for a car, heard that Seller wanted to sell his car for $5,000. On June 1, Buyer visited Seller and saw the car. Buyer asked Seller about the cars condition. In response, Seller said, The car is in tip-top shapethe brakes and clutch were replaced in the last six months. Its in beautiful shape for a vehicle of this age. Good for another 100,000 miles easy. Seller agreed to sell the car to Buyer for $5,000. They both signed the following document: Seller agrees to sell, and Buyer agrees to buy, Sellers car for the price of $5,000. Buyer will pick up the car at Sellers home on June 2 and pay Seller $5,000 in cash at that time.
On June 2, Buyer came to Sellers home. Before handing the payment to Seller, Buyer said, Id like my mechanic to look at the car to make sure that it is as you represented it. Seller responded, Dont waste money on a mechanic. The car is exactly as I described it. Even though Buyer, while at Sellers home, had no way to tell if the brakes and clutch were as represented, Buyer thought that it would be a waste of time and money to visit a mechanic and thus decided to proceed with the transaction. Accordingly, after briefly inspecting the car, Buyer gave Seller $5,000 in cash. Seller handed Buyer the keys to the car, and Buyer left with the car.
On June 10, the car broke down and Buyer had it towed to a mechanics shop. After looking at the car, the mechanic accurately told Buyer that the clutch had failed because it was old and needed to be replaced. The mechanic also warned Buyer that the brakes were unsafe and that the engine needed a complete overhaul or it would not last another 10,000 miles. The mechanic told Buyer that if the car had been as represented by Seller, it would have had a market value of $5,000, but in its current condition the car was worth only about $500its value as salvage for parts.
On June 11, Buyer hand-delivered a letter to Seller. The letter informed Seller that Buyer was revoking his acceptance of the car and that Seller could recover his car at the mechanics shop.
What rights, if any, does Buyer have against Seller? Explain. (100 Points)
Four (Easements, etc)
Ned Parker owns a vineyard on 100 acres he owns, which he has farmed for many years. He also owns an easement in the form of a dirt footpath (50 wide) across some of his neighbors land that he uses daily to quickly reach the southern 20 acres of his vineyard, which he calls the Merlot Block. After several years, Ned concludes that the grapes from the Merlot Block of the vineyard are not being economically productive at current market prices, so he stops cultivating the Merlot Block and thus stops using the footpath. He continues to cultivate the remainder of his vineyard, which is planted to Cabernet and is very profitable in the current market.