Hypothetical Questions

Trade Secrets (Sales Manager)

(1) Yes. Med Tech can sue for misappropriation of trade secrets and possibly breach of fiduciary duty. The customer list and software are confidential business information.

(2) Yes:

• Federal: Defend Trade Secrets Act (DTSA)

• State: Uniform Trade Secrets Act (UTSA)

(3) Relief:

• Injunction (stop use of info)

• Damages (lost profits, unjust enrichment)

• Possibly punitive damages + attorney’s fees

Patent Infringement

(1) Yes. A valid patent was issued → competitor using it = infringement.

(2) Federal court only (patents are federal law).

(3) Relief:

• Injunction

• Monetary damages (lost profits or royalties)

• Treble damages if willfu

Copyright (Theresa’s Book)

(1) Life of the author + 70 years

(2) Federal court only

(3) Yes, valid claim. Copying plot + structure + substantial text = infringement even if names changed

(4) Relief:

• Injunction

• Actual or statutory damages

• Profits from infringement

• Attorney’s fee

Trademark (National Dog Day)

(1) It is a service mark (used for events/promotions)

(2) Not automatically — depends if there’s likelihood of confusion

(3) Must prove:

• Valid mark

• Ownership

• Likelihood of confusion

(4) Relief:

• Injunction

• Damages/profits

• Possibly attorney’s fees

Offer Questions

• Beverage salesman → NOT an offer (needs home office approval)

• HR job offer → NOT an offer (conditional on approval)

• Lease w/ credit check → Valid offer (condition doesn’t destroy offer)

• Real estate email blast → NOT an offer (invitation to negotiate

Acceptance Questions

• “Accepted but need CEO approval” → NOT acceptance (conditional)

• (1) Late email → NOT acceptance
  (2) Adds vacation → Counteroffer

• Accepts but secretly won’t perform → Valid acceptance (intent doesn’t matter)

• “I agree to purchase” → Likely NOT acceptance (ads not offers)

Minor (Joseph)

• Defense: Minority (voidable contract)

• Yes, can disaffirm

• Likely can get $2,500 back (maybe reduced for depreciation

Elderly (Elaine)

(1) Possibly NOT enforceable (lack of capacity)
(2) Yes, strong case for undue influence

Misrepresentation (GC)

• Yes, fraudulent misrepresentation

• Owner can rescind contract or sue for damages

Duress (Amy)

Likely STILL enforceable (pressure from spouse ≠ legal duress by bank

Lottery Promise

• Attorney is correct → NO contract

• No consideration → just a gift promise

1. Oral Employment Contract

(1) Consideration:

• Michael = work

• Employer = salary

(2) Defense: Statute of Frauds (cannot be performed within 1 year → must be in writing)

2. Parol Evidence (Frank)

(1) Oral exclusivity promise
(2) NOT admissible (contradicts written lease)

3. Integration Clause (Jersey IT)

(1) Clause = contract is final/complete
(2) NOT admissible (contradicts contract)
(3) Without clause → possibly admissible

4. Fired CFO (Written Contract)

(1) No specific performance (courts don’t force employment)
(2) Yes damages = remaining salary (minus mitigation)
(3) Defense: failure to mitigate damages

5. Lease Abandonment

(1) Damages = unpaid rent
(2) Defense: landlord failed to mitigate damages

6. Liquidated Damages

(1) Likely NOT valid (penalty, not reasonable estimate)
(2) Court likely rules for contractor

7. Sale of Land

(1) Yes → specific performance (real estate is unique)
(2) Yes → possibly incidental damages

Arbitration Agreement

(1) Yes, generally legal (per Supreme Court rulings)
(2) Ethical concerns: limits employee rights, favors employe

Damage Cap Case

(1) Arguably unfair (severe injury vs low cap)
(2) Ethical concerns (justice vs protecting public funds)
(3) Yes, insurance would make cap less justified

FDA Scenario

(1) NOT ethical (ignored safety concerns)
(2) Alternatives:

• Investigate

• Report to FDA

• Delay approval

Discovery Misconduct

(1) NOT legal (violates discovery rules)
(2) Ensure compliance via:

• Monitoring

• Legal oversight

• Training

(3) Sanctions:

• Fines

• Adverse inference

• Default judgment