Contract Law

1. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. This equitable remedy orders the breaching party to comply with the terms of the contract. This means that the breaching party will be required to do whatever the party originally promised to do.

Another equitable remedy is injunction, which is a remedy that prohibits a party from a particular act. Note that specific performance and injunction remedies are similar, but what are the key differences? Give an example of each type of remedy.

2. What is the purpose of the requirement under the UCC that that a good must be “moveable” in order to be controlled by the UCC? For example, what is the difference between selling trees which are growing, and selling growing crops, if any? Should there be a difference in the law? What do you think is the underlying purpose of the UCC?

3. What are the different types of authority an agent might have, and why is it important to identify the type of an agent’s authority? Give an example of each type of authority.

4. In which situation(s) would you consider a commercial off-the-shelf software (COTS) instead of in-house software development? What do you think the risks associated with a COTS would be?

5. According to Systems Analysis and Design, 12th edition, good design depends on seven basic principles. Which principles do you think are the least important? Why? What do you think would happen to the system if you skipped them?

6. Your family’s brick-and-mortar gardening supplies business has been doing well, so now your family thinks it is time to expand the business with e-commerce. Would it be better to sell on Amazon, eBay, or Facebook Marketplace? Why? In contrast, do you think it would be better to develop an online store on your own? Why?