Commercial Law

1. Your trucking firm is expanding and wishes to purchase a commercial garage and work yard.

What features of real property should you research while conducting your due diligence?

2. Describe and distinguish between:

- Copyright

- Patents

- Trademarks

- Industrial Design

3. You are faced with a dispute with a competitor and have a choice between ADR and civil litigation.

Which would you choose, and why?

Explain the different features of the three dispute resolution methods.

4. You open a gymnastics club in a former industrial warehouse. Your potential membership ranges from ages 5 - adult. You have trampolines, parallel bars and rings available for use.

List all the possible areas of tort risk and steps you could take to avoid legal problems.

5. Explain the difference between negligence and strict liability.

Give real examples of each type of tort.

6. You buy a used car in a private deal. The person you bought it from tells you it has a clean record. Once you get home you discover that it was in an accident and repaired. It is still road-worthy.

What can you do?

You later discover that the seller was a "curbsider" - a car dealer who disposed of unwanted inventory by posing as a private seller.

Doe this change your course of action?

7. Name 5 ways that a contract may be breached.

Why is it important for businesses to understand contract law?

8. Your business enters into a contract for toys from a manufacturer in the UK. On delivery, you discover that they are counterfeit.

Reviewing the contract, you see that there are governing law and venue clauses specifying that any disputes will be governed by the laws of the UK in the courts of the UK.

You have paid for the toys. What can you do to get your money back?

9. You are a loans officer at a business investment bank. One of your customers has had difficulty making payments and has stopped paying.

What remedies do you have to recover your loan?