Business Law Projects
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 600-1000 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.
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 car’s condition. In response, Seller said, “The car is in tip-top shape—the brakes and clutch were replaced in the last six months. It’s 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, Seller’s car for the price of $5,000. Buyer will pick up the car at Seller’s home on June 2 and pay Seller $5,000 in cash at that time.”
On June 2, Buyer came to Seller’s home. Before handing the payment to Seller, Buyer said, “I’d like my mechanic to look at the car to make sure that it is as you represented it.” Seller responded, “Don’t waste money on a mechanic. The car is exactly as I described it.” Even though Buyer, while at Seller’s 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 mechanic’s 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 $500—its 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 mechanic’s shop.
What rights, if any, does Buyer have against Seller? Explain. (100 Points)
Five (Intellectual Property)
· While he was in high school, Joel Gibb downloaded numerous songs to his smartphone from an unlicensed file-sharing service.
· He used portions of the copyrighted songs when he recorded his own band and posted videos on You Tube and Facebook.
· Gibb also used Bit Torrent to download several movies from the Internet.
· Now he has applied to Boston University.
· The admissions office has requested access to his Facebook password, and he has complied.
· What laws, if any, did Gibb violate by downloading the music and videos from the Internet? (25 points)
· Was Gibb’s use of portions of copyrighted songs in his own music illegal? Explain. (25 points)
· Can individuals legally post copyrighted content on their Facebook pages? Why or why not? (25 points)
· Did Boston University violate any laws when it asked Joel to provide his Facebook password? Explain (25 points)