Abstract
This paper explains that the Uniform Commercial Code sets forth liability under the implied warranty of merchantability in states that have adopted only the Uniform Commercial Code instead of imposing strict liability negligence statutes for defective products. The author points out that, in states with strict liability statutes for defective products, tort liability is predicated on three specific types of defects: manufacturing defects; design defects; and failure to warn. The paper relates that, conversely, in states relying on the U.C.C., liability is predicated on contract law for breach of warranty.

From the Paper
"Under contract theory, this express warranty would seem to trigger
liability for breach of warranty, in addition to strict liability under tort theory for failure to warn, one of the traditional avenues to establishing strict liability under California's definition of a defective product. Ordinarily, liability is a function of the absence of an adequate warning of potential danger. Mongo failed to provide any such warning and actually provided an express warranty as to the absence of any dangers "inherent" in cherry pies. Recent California case law would have required warnings even where the danger encountered by the consumer is natural to the product in question, such as a cherry pit in a cherry pie."

Tags:contract, mango, code, mexicali, california

Abstract
The paper examines how "Breach of Faith", an objective account of the problems that arose in the aftermath of Hurricane Katrina, illustrates how a natural disaster turned into a human disaster. The paper explores Horne's depictions of how the pre-existing problems in New Orleans' infrastructures, such as the lack of effective responses from emergency services and the failure of the government to enforce the law, exacerbated the problems of Katrina once the initial natural damage had struck. The paper evaluates the book's main elements and notes the excellent reporting and contextual analysis of the narrative.

Outline:
Introduction
Overview
Examination: Important Elements
Evaluation

From the Paper
"The author's main point is how a natural disaster turned into a human disaster. The natural disaster of Katrina was clear: it had a physical impact and physical results. The human disaster lay in the amount of destruction it caused. People in New Orleans either did not believe in the threat, and were not scared of the threat because of sitting through previous hurricanes. Further, the infrastructure breakdown in the aftermath that led to looting and lawlessness, and the disaster of the Superdome where so many people were staying for shelter in the dark, further compounded the natural disaster. The story recounts the human sides of the story, and how the human drama and stories were exacerbated by the unpreparedness and insufficiency of the support systems that were in place at the time."

Tags:Hurricane, Katrina, diaster, damage, emergency, services, infrastructures, preparedness

Abstract
This paper applies the four fundamentals of contracts to an online contract. It incorporates statutes geared towards contracts, more specifically, statutes dealing with online commerce. The paper uses the online retailer, eBay, as an example.

From the Paper
"The last contractual qualification is capacity. eBay states in section 1 of the agreement that the user must be of legal contractual age which usually means 18. If the user is under 18, he may only use the service in conjunction with a parent or guardian. On the internet it is easy to misrepresent one's age because there is no way to really verify age outside of a valid credit card account - which can be misrepresented as well. Minors can use whatever birthday they so choose during sign-up. Liability for misrepresentation of age lies within the state's statutes."

Tags:code, commercial, esign, ucc

Abstract
This paper discusses the developments that have led to the Contracts (Rights of Third Parties) Act of 1999 in the UK, and further looks at how it fails to meet with the requirements of today's society.

From the Paper
"When we examine the role of consideration when it comes to enforcement by third parties then we may argue that consideration is not relevant, however it does demonstrate a clear trend in terms of the way that the doctrine is being interpreted by way of case law. There is already an established view by the courts that there is a more flexible attitude needed in the interpretation of consideration, and that the intention of the parties needs to be considered."

Tags:doctrine, privity, rules, legal

Abstract
In this article, the writer presents a case brief on employees suing Kerr-McGee Corporation for breach of contract. The writer explains that the main issues of the employees are wrongful discharge and breach of contract and at will employment.

From the Paper
"Plaintiff employees brought action against defendant employer for wrongful discharge alleging diversity jurisdiction and asserting three causes of action under Wyoming law including breach of contract breach of implied covenant of ..."

Tags:Case brief, business law, employment, wrongful discharge

Abstract
This paper describes contract law and examines the different types of legal contracts. It looks at express contracts, bilateral contracts, unilateral contracts and implied contracts. The paper concludes with a discussion of what makes a contract legal.

From the Paper
"A contract is an agreement made between two or more people and when a contract is made it means that there is a duty created to do or not to do a particular thing. A contract agreement can be oral or written and its purpose is to establish an agreement between the parties concerned and to make clear to all involved their rights and duties which have been stated in the agreement. When an offer has been made and accepted then the parties involved have a legally..."

Tags:contract law, definitions, legal

Abstract
The paper relates that the Irish and UK courts' application of the doctrine of fundamental breach has been by no means consistent. The paper defines fundamental breach, briefly analyzes the history of its application and distinguishes between the types of contract that exist, specifically the difference between consumer and commercial contracts. The paper summarizes the development of the law to-date by considering the role of the courts in contract law and analyzing whether Clayton Love needs to be reconsidered. Finally, the paper explores avenues of reform of the doctrine.

From the Paper
"It is clear that a distinction has been drawn between contracts made with consumers and contracts between commercial entities. Already it has been seen that this has been alluded to by Ms. Justice Finlay Geoghegan in ESL Consulting Services Ltd. v. Verizon (Ireland) Ltd. and Verizon (UK) Ltd. and indeed Irish legislative authorities would seem to suggest that these contracts should be treated separately by the courts. The two principle pieces of legislation in question are the Sale of Goods and Supply of Services Act 1980 and the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI No. 27 of 1995). Like the Unfair Contract Terms Act 1977 in the UK, they are far less concerned with commercial contracts than they are with the consumer. The Sale of Goods Act 1980 in particular emphasises the importance of the strength of bargaining power, and gives particular protection to the consumer because they tend not to enjoy an equal bargaining power to that of the person or business with which they are entering a contract. This is but one of a number of factors taken into account by the legislation in its 'fair and reasonable' test for contractual terms, others including the availability of alternate sources for the goods or service required and whether or not there was an inducement to enter the contract."

Tags:contract, law, Clayton, Love, consumers, commercial, entities

Abstract
In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.

From the Paper
"We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."

Tags:employer, employee, independent contractor, unlawful termiantion, discrimination, breach of implied contract, at will employment, breach of public policy, implied covenant of good faith and fair dealing

Abstract
This paper is a case study involving a scenario in which an individual may or may not have been properly classified as an independent contractor. This paper examines the totality of the facts and intends to make a determination about whether or not this person properly classified and not what ramifications there are for the company when her services were no longer required when the contract work she was performing was completed.

From the Paper
"In my opinion, at the time of her discharge, Mary should have been classified by Little Lamb Company as an employee rather than as an independent contractor. According to Tom Willett in an essay published on the Ohio State University website, there are a series of questions that the Internal Revenue Service uses to determine whether a person working for a business should be properly classified as an independent contractor or as an employee. There are a number of answers to these questions that..."

Tags:Labor law, case study, employment at will, breach of public policy, implied covenant of good faith and fair dealing, independent contractors, qualifications

Abstract
This paper is a creative case study on employment law. It relates to whether whether a worker is an employee or a consultant as outlined in the "Little Lamb Case" based on the fictional "Mary had a Little Lamb." The paper uses this nursery rhyme as an example of the unclear lines between being an employee and being a consultant.

From the Paper
"At the time of her discharge Mary was being treated by Little Lamb Company LLC as an employee rather than as an independent contractor. There are a number of factors that support the argument that Mary would be properly classified as an employee rather than as an independent contractor. According to an essay published online by Iowa State University there is a twenty question test that employers should use and the Internal Revenue Service does use to determine whether a worker is properly classified as..."

Tags:case study, employment law, little lamb, Breach of public policy, worker, employee, consultant, Breach of implied covenant of good faith and fair dealing, Breach of implied contract, employer/employee relationship independent contractor