Final Term Paper Example | Topics and Well Written Essays - 1000 words

Final - Term Paper Example A company selling a hundred per cent polyester sweaters is not allowed by law to advertise their product under the phrase â€Å"That Wool Feel.† This is so because the phrase would be found misleading to the potential consumers and would count as a misrepresentation since the makers of the sweaters know that using the term â€Å"that wool feel† is false representation and that it is intended to induce justifiable reliance to the consumers. Also the issue of monetary loss arises in the fact that it is relatively cheaper to use polyester as a cloth making material as opposed to wool. The act also results in to a fraud since reliance is also established by the fact that a statement of the sweater maker’s opinion will be held as true hence relied upon by the consumer since the manufacturer has, by general assumption, more superior skill and knowledge about sweaters. In this case, the five elements of fraud apply. Case 2 In a case where a person or an organisation dec ides to use other persons’ material and the material happens to be copyrighted or patented, then the person should be held liable for one or more of the intellectual property torts. In the case sample given, College Copy Shop gained money from publishing whose owners reserved the sole right of republishing, duplicating or copying as is the case with any original publisher. The law of intellectual property tort states that once there is a patent or a copyright, as is in this case, using it for any other reason other than the ones expressly allowed by the publisher would be an infringement to the patent rights; hence patent law would be applied in deciding the case should a legal suit emerge. Case 3 Ace Corp. sent an invitation to J. Brown to work for them; an act that is legally considered as advertisement rather than an offer. J. Brown replied with details that he would like the job for a certain pay coupled with other demands and technically that was the offer. Afterwards Ac e Corp. replied to J. Browns offer and said that his offer was something they could work with and asked if J. Brown could report, something that he assented to. After the third month, he found that Ace Corp. was not honouring their initial agreement to the letter and decided to quit the job, where he moved back to the company he previously worked for before going to Ace Corp. During J. Brown’s exit from his employer Ace Corp., he took with him confidential information belonging to Ace Corp. and when he re-joined Crown, his employer before Ace Corp., he shared the stolen information with Crown. The issues in this case are if there was a contract between Ace Corp. and J. Brown, whether Ace Corp. breached it after denying J. Brown the bonus he had requested on the offer he made and if J. Brown can recover damages therein. Here is a detailed analysis on the above issues. Brown had a contract with Ace Corp. even though his offer was not out rightly accepted by letter or word of mo uth. In the laws of contract, performance is considered as adequate and sufficient acceptance if it is done in response to an offer or a counter offer. I this case, Ace Corp. accepted J. Brown’