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Question:
 
2. (TCO 2) The senators of Delmarva would like to enact a statute banning the importation of any plant
 
material into the state. Although the ban may be burdensome on interstate commerce, the state’s first
 
concern is protecting their income-producing agricultural byproducts from micro-organisms that may
 
affect the health of the crops. There is no effective way to inspect plant material for micro-organisms at
 
its border. Is this statute legally legitimate? What clause of the Constitution would you use to perform
 
your analysis and what are the elements of the test that would be applied to test its constitutionality?
 
4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car
 
Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy
 
returns the car, claiming she does not want the car and that they did not have a contract, so she is not
 
bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said
 
contract for the price of the car. What standard would the court use to determine whether there is a
 
contract between the parties for the sale of the car?
 
5. (TCO 5) Joe makes an offer to sell an order of produce to Bud for $550. It is a great deal and Bud
 
jumps at the chance to accept Joe’s offer. Before Bud can get the money together, Joe sells the tractor
 
to Sal because he needs the money right away for a down payment on a tractor. Is the contract between
 
Joe and Bud enforceable under the UCC? If Joe and Bud have an e-mail exchange that documents their
 
agreement, does this change your answer? Why or why not?
 
2. (TCO 7) SoftWorld Products, Inc. develops, patents, and markets a new software program that is
 
expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.’s new
 
system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.’s program without its permission.
 
Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take
 
to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would
 
simultaneously enable to profit from the sales being made by Global Gurus, LLC?
 
3. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies
 
are both savvy, they would like to conduct their business online. What determines the effect (or lack
 
thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic
 
Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal?
 
Explain you answer by elaborating on the scenario with the facts you think are necessary to support
 
your position.
 

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