Essays (14.5 points each)

Please answer all 7 questions.

1. One evening while having drinks at a table in the Regal Beagle pub, Jack Tripper, Larry Dallas, Janet Wood, and Chrissy Snow were talking about Larry’s new car, a powder blue 1978 AMC Gremlin. Ralph Furley was seated at the next table and overheard them talking about the car. Mr. Furley wanted to buy a car to replace his bright lime 1972 Ford Pinto. He had been looking for a new powder blue Gremlin for the past month but couldn’t find one anywhere. Mr. Furley walked over to the next table and interrupted the conversation. The following dialogue ensued.

Mr. Furley: “Would you be willing to sell your new Gremlin to me? That car is quite a ride. It will look good when I’m on my [sniffles] dates!”

Larry: “I wouldn’t sell it for less than $3,500?”

Mr. Furley: “Gee, I don’t know.”

Larry: “It’s the coolest car on the road. And it’s in fab condition!”

Mr. Furley: “I see.”

Larry: “I will let you have it for $3,500.”

Mr. Furley: “Did it come with the 15 inch white wall tires?”

Larry: “Yes, it did; it’s the ‘custom’ model—a six-cylinder engine, four-speed manual transmission, vinyl bucket seats, wheel lip moldings, and other trim upgrades.”

Mr. Furley: “Hmm.”

Larry: “Forget it, man. You don’t seem interested enough.”

Mr. Furley: “No, it’s not that. I’m short on cash right now. I just bought a couple of new leisure suits and scarves and have been looking for a landlord job.”

Larry: “$3,500. Are you interested?”

Mr. Furley: “How about $3,000?”

Larry: “Let’s split the difference—$3,250?”

Mr. Furley: “Sold!”

Larry and Mr. Furley shake hands and then walk out to the parking lot where the Gremlin is parked. Mr. Furley immediately notices that the car has 13 inch green wall tires, not 15 inch white wall tires. Plus, the car has a huge dent in the driver’s side door.

Mr. Furley: “I thought that you said the car came with 15 inch white wall tires?

Larry: “It did. But I switched them last week. A deal is a deal.”

Mr. Furley: “What?! You must be a sleazy lawyer or used car salesman. I’m not buying a car with green wall tires and a dent in the door. We don’t have a deal, wise guy.”

Larry: “Wise guy?! Let’s see what the judge says.”

Mr. Furley: “Yeah, let’s see.”

In light of the above dialogue between Larry and Mr. Furley, briefly analyze the following five elements of a contract that are identified in the text:

1. Offer;

1. Acceptance;

1. Consideration;

1. Whether a Writing is required; and

1. Defenses.

2. Regarding contracts:

1. A. Briefly describe how a court applying New Hampshire law would determine whether to apply the common law or UCC to a mixed contract of goods and services.

1. Identify and briefly describe three ways that an offer may be terminated.

1. Create and briefly describe a hypothetical factual scenario illustrating the “mailbox rule.”
2. Briefly describe covenants not to compete (also called non-compete agreements) and when employers should consider using them.

2. Answer the following:

1. Create and briefly describe a hypothetical factual scenario that the Federal Trade Commission would possibly investigate.

1. After school, classmates Beaver Cleaver, Larry Mondello, and Whitey Whitney stopped at a convenience store to buy some snacks. On the way out of the store, they all opened the snacks that they bought. Beaver bought crackers and soda, Larry bought beef jerky, and Whitey bought chocolate-covered raisins. They sat on the curb to eat their snacks when Beaver’s older brother, Wally, and his friends Eddie Haskell and Lumpy Rutherford walked up to them. In his usual wise-guy tone, Eddie said “hey, get lost squirts.” Wally said, “knock it off, Eddie.” Beaver added, “gosh, Eddie, why do you always have to be a goofy creep?”

Because Whitey was focused on the back and forth bickering, he ate most of the raisins quickly and without looking. He noticed, however, that the last few raisins tasted “funny,” and spit them out. Beaver said, “gee whiz, Whitey, those raisins look like crummy mouse droppings.” Upon further examination, the boys determined that the Beaver was correct—the “raisins” were really chocolate-covered mouse droppings. Eddie said, “Hey, Whitey, bring them to your old man because he may want to sue the ‘rats’ that did this—heh, heh, heh.”

Other than negligence, identify and briefly describe two causes of action that Whitey (through his parents) may have.

1. Briefly describe the unionization process under the National Labor Relations Act of 1935 (NLRA).

3. Al Delvecchio, the drive-in owner and cook of Arnold’s Diner in Milwaukee, ran his business into the ground. He was a horrible businessman, frequently forgetting to charge his regular customers—Richie Cunningham, “Potsie” Weber, Ralph Malph, and Arthur “Fonzie” Fonzarelli—for burgers, fries, and frappes. Al had no savings and had to declare bankruptcy. The economy was tough and jobs were scarce, so Al begged Howard Cunningham, Richie’s father, for a job sweeping the floor and stocking shelves at Cunningham Hardware, the business that Howard started after being discharged from the Army. When Howard asked Al whether he had ever worked in the hardware business, Al sighed “yeah-yeah-yeah-yeah . . . for a short time before Rosa Coletti left me for a tie salesman.” But Howard had his doubts about Al’s experience. Against his better judgment—and out of pity—Howard hired Al. Al was thankful for the opportunity. And if things didn’t work out, Al thought that he could perhaps marry “Chachi” Arcola’s mother, Louisa, and move to Chicago to open a new restaurant.

Al’s work schedule and responsibilities are strictly monitored by Cunningham Hardware. In addition, the brooms, cleaning supplies, ladders, and other items that Al uses and the uniform that he is required to wear are provided by Cunningham Hardware. Howard classifies Al as an independent contractor rather than an employee because Al has little hardware experience and isn’t a very good worker. Plus, Howard thinks that he is doing Al a favor anyway by letting him work at Cunningham Hardware.

1. Is this classification correct?

1. Briefly describe (or define) independent contractor.

1. Identify and briefly describe four reasons why it is important (for employers, employees, or independent contractors) to determine whether a worker is an employee or an independent contractor.

1. Identify the three main tests under federal law that courts have used to determine whether a worker is an employee or independent contractor.

1. Choosing one of the three main tests under federal law, briefly describe your answer to subpart A. above.
2. Answer the following:

1. Create and briefly describe a hypothetical factual scenario illustrating a public policy exception to the employment-at-will doctrine.

1. Briefly describe the difference between disparate treatment, disparate impact, and pattern or practice of discrimination under Title VII of the Civil Rights Act (Title VII).
2. Briefly describe whether the following groups are covered by Title VII, and if not, briefly describe whether they are protected from discrimination by any other federal or New Hampshire statute:

(i) Employees who are employed by a business with ten employees;

(ii) Labor unions and employment agencies;

(iii) Religious organizations; and

(iv) White males.

5. Answer the following:

1. Fred—a 50 year old homosexual man who is a recovering past illegal drug addict—works as a paralegal at the law firm of Bobbitt, Gillooly & Buttafuoco (BGB Law). BGB Law is located in Somewhere, New Hampshire, and specializes in criminal defense cases, particularly those involving weapons such as knives, collapsible metal batons, and guns. BGB Law has more than 20 employees. Although Fred’s work was adequate when he began, it has not improved; Fred has not reached the level of competence of the other three paralegals in the office (Lorena, Tonya, and Amy—all of whom are heterosexual women under 25 years old, and not recovering past illegal drug addicts). BGB Law has never offered Fred any suggestions for improving his work, although the other three paralegals were offered such guidance during semi-annual reviews.

Identify and briefly describe four potential liability concerns or issues of which BGB Law should be aware if it later terminates Fred because of his less than satisfactory performance.

6. Regarding intellectual property:

1. Identify and briefly describe the three main forms of intellectual property (including the types of things that may be protected by each form and the length of time that each form may be protected). (9 points)

1. Briefly describe how each of the three main forms identified in subpart A. above may apply to an unopened can of Coca-Cola soda. (6 points)

1. Briefly describe product disparagement, palming off, and misappropriation. (5 points)

8. You have an entrepreneurial spirit and desire to start your own business. (Pick any business—it’s your choice.) Briefly analyze the main advantages and disadvantages of the following business forms for your proposed business: (4 points each)

1. Sole Proprietorship;

1. General Partnership;

1. Limited Partnership (LP);

1. Corporation; and

1. Limited Liability Company (LLC).