Reference no: EM131546183
1) How does the forum-selection clause of an international contract differ from a choice of law clause?
2) The city of Anytown, Florida, enacts a city zoning ordinance that prohibits outdoor advertising display signs, which includes neon signs and billboards, because it is concerned about traffic safety and aesthetics. A local business, Billboards R Us, believes that this ordinance is unconstitutional in that it violates the First Amendment protection of commercial speech. Billboards R Us sues the city of Anytown alleging that the zoning ordinance is unconstitutional. What is commercial speech? What parameters has the Supreme Court placed on commercial speech? Based on the definition of commercial speech, analyze whether this zoning ordinance would be considered constitutional. If it is unconstitutional, can the city place any restrictions on commercial speech?
3) Ray Johnson and his son, David, were waiting for a "walk" sign before crossing a street. A truck owned by Newspaper Agency Corp. (NAC), and operated by its employee Mark Wilson, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting for work on the evening of the accident, Wilson had consumed seven mixed drinks containing vodka, and a 27-ounce drink containing two mini bottles of tequila. His blood alcohol content after the accident was 0.18 percent. Evidence showed that use of drugs and alcohol was widespread at NAC and the company made no effort to stop its use. NAC vehicles had been returned at the end of a shift with beer cans on more than one occasion. Further, evidence showed that a NAC supervisor had seen drivers smoking marijuana at the business and told them to "do it on the road." Ray Johnson sued NAC for wrongful death and for his physical injuries. Is NAC liable for Mark Wilson's actions? Why or why not? What legal concepts are implicated in these facts?
4) In many situations, the party obligated to perform under a contract may delegate his duty to perform to a third party. However, there are two types of contracts where the obligor may not delegate the duty to perform. Identify the two types of contracts that may not be delegated, and provide an example of each?