Exam 26: the Constitution of the United States

Click & Mortar, Inc., collects and amasses considerable information about its customers.Under President Obama's proposed Consumer Privacy Bill of Rights, without giving consumers choices about what data are collected and how it is used, Click & Mortar can

Management Tech Company uses an online behavioral test provided by Norm Testing Service to assess the employability of job applicants.The agreement between Management Tech and Norm Testing for the use of the test most likely provides that if Management Tech breaches the terms and conditions, Norm Testing can

West Virginia enacts a statute that requires labels on video games to warn parents when "the range of options available to a player includes killing and maiming the image of a human being." Game makers file a suit against the state to block the enforcement of this statute.According to a decision of the United State Supreme Court in a case involving a similar statute, the court in this case should rule that the statute

Canada Clay Ltd., a Canadian company, makes roofing tiles that Don's Asphalt & Tile Inc.imports and sells to contractors in the United States.Structures on which the tiles are laid suffer leaks and other weather-related damage.To hold Canada Clay liable requires proof that the tiles were

GPS Devices Inc.sponsors a "Finders Keepers!" contest in which Erwin and other entrants agree to race to certain locales to win small prizes and collect clues that lead to the "Grand Lost Treasure," which the first finder will be awarded.GPS reserves the right to cancel the contest or change its terms at any time.If Erwin challenges this reservation in court, the court will most likely hold that GPS can

Sports Fit Company sponsors the "$100,000 Game" in which contestants compete in ten separate athletic events over a period of weeks.Sports Fit announces that the winner of each event will be awarded $5,000 with the "Ultimate Champion"⎯the winner of the most events⎯awarded $50,000.If the "$100,000 Game" is treated as a unilateral contract, Sports Fit can

Tour Vista, an online travel company, buys blocks of rooms from Skyview Towers, a hotel in River City, at a wholesale rate.Tour Vista resells the rooms to consumers at a retail rate.In recent efforts to collect taxes from e-commerce, some cities claim that hotel occupancy taxes should be assessed and remitted directly to the cities based on

Cargo Carrier Company files a suit against Distribution & Transport Inc.(D&T).Before the case goes to trial, they enter into a settlement agreement that includes a confidentiality clause.Cargo announces its satisfaction with the terms to its employees.Elron, an employee, posts comments about the terms on Twitter.On discovering the posts, D&T asks a court to invalidate the agreement.Most likely, the court will hold that the agreement is

Klint and Lorenz agree to a contract.Later, Klint alleges that his performance is impossible or at best impracticable because of circumstances unforeseen at the time the contract was formed.Hans files a suit, claiming breach.In Germany, if the court agrees with Klint, the most likely remedy is

The U.S.Bankruptcy Court for the District of Arizona uses online live chatting as part of a strategic initiative to educate the public about bankruptcy.Those who have used the live chat services include

Wing Hon Ltd., a Chinese company, makes drywall that Veranda Homes Corporation, a U.S.firm, imports and sells to contractors and consumers in the United States.The drywall causes electrical and other problems in newly built homes.Potentially liable parties include

Retail MarkUp, Inc., collects and amasses considerable information about its customers.Under President Obama's proposed Consumer Privacy Bill of Rights, Retail MarkUp will have to

Brigit pretends to be "Chyna" online, fooling D'Antoni into believing that Chyna is his friend.D'Antoni can recover damages from Brigit for the hoax on the ground of fraudulent misrepresentation if

Prep Charter School uses an online test provided by Quality Tests, Inc., to assess the probability that an adolescent is chemically dependent.The agreement between Prep Charter and Quality for the use of the test most likely provides that if Prep Charter breaches its duties under the agreement, Quality will suffer

Ilsa and Janis agree to a contract.Later, Ilsa alleges that her performance is impossible or at best impracticable because of circumstances unforeseen at the time the contract was formed.Frieda files a suit, claiming breach.In the United States, if the court agrees with Eva, the most likely remedy is

Fleet Feet, an online travel company, buys blocks of rooms from Grande Hotel, a hotel in Hyper City, at a wholesale rate.Fleet Feet resells the rooms to consumers at a retail rate.One recent effort by cities to collect taxes from e-commerce has focused on

Money2Play Corporation does not make or sell products or services but buys a patent and asserts it against New Functions, Inc., a start-up applications company, demanding licensing fees and threatening an infringement suit.Because of these threats, New Functions is most likely to

Apex University (AU) offers classes online.AU asks each student enrolling online to agree to submit any dispute to arbitration and to indicate assent by clicking a box.AU claims that it is the cheapest undergraduate program in the United States.Beth enrolls in the program but later charges AU with fraud based on its "cheapest" claim.Beth could pursue her claim

Suki, a paralegal, works for Thao, an attorney.Before filing a bankruptcy petition for Thao on behalf of a client in the U.S.Bankruptcy Court for the District of Arizona, Suki has a question about the filing.Suki can access a chat box via the court's Web site and

Evita pretends to be "Faith" online, fooling Garth into believing that Faith is his friend.When Garth learns the truth, he is embarrassed and feels humiliated.But he cannot recover damages because he cannot prove an actual injury, which is a requirement for recovery in these circumstances on the ground of