Law Assignment
Name
Course
Tutor
Date of Submission
1. Fraudulent misrepresentation
The actions of the sellers of the house were indeed fraudulent and the buyer does have a right to sue. This is because the actions of the sellers fulfill all conditions required for fraudulent misrepresentation to be deemed to have occurred.
First, a representation was made whereby the buyer was assures about the house being in good condition. Second, a false statement was made about the house being in perfect condition. This statement was made by having the cabinet in the house and stating that it always stayed there while indeed it was meant to conceal the damage to the house. Third, this statement was made recklessly or with an intention to mislead the buyer into buying the house. Lastly, the buyer did indeed rely on this information and as a result has suffered a loss (Geiersbach, 2010).
2. The North American Free Trade Agreement
The NAFTA agreement between Canada, Mexico and the United States has been in existence for two decades now and has basically removed levies on some products moving between the two countries. While NAFTA was meant to boost trade between the nations, it has received criticisms because the countries are not at par in terms of economic development. Mexico in particular has suffered because agricultural output from the US comes into their local market and this has led to farmers in Mexico losing their jobs or being forced to produce in smaller quantities. NAFTA also led to cheap labor coming from Mexico into the US and many US citizens lost jobs in the manufacturing industries.
3. SEC Insider trading
This is an offence committed when a person with access to non-public information uses that information when trading in the shares of the company. For a person within a company to be convicted for insider trading, they must act in breach of their fiduciary duty to the company. For instance, the directors of a company may know that a company will scale down operations in a few months time. If the directors rely on such information to dispose their shares beforehand or advice a few people to do the same, this would be insider trading (Geiersbach, 2010).
4. Wrongful Death Claim
The plaintiff in this case are likely to succeed in their quest for Wrongful Death. This is because the company can be held liable for the actions of their employees in cases where standard procedure requires that the company ensure professionalism of their employees. In this case, the company failed to ensure their employee stayed sober on the job and in fact there is evidence to show that unprofessionalism is rampant among the company's staff (Geiersbach, 2010).
5. Commercial speech refers to any communication by a company or a business that is intended for potential and existing customers and has a commercial or economic significance for the company. Rulings of the Supreme Court has shown that commercial speech is entitled to far less protection under the First Amendment. For laws that restrict commercial speech, they must pass the intermediate scrutiny test for them to be ruled constitutional and not violating the First Amendment. In this case, the law is meant to protect the state or city administration's interests and is therefore constitutional as it only covers a certain area.
6. The AntiCyberSquatting Consumer Protection Act came in force to bar people from making abusive registration or using distinctive trademarks or domain names with an intention of profiting from the goodwill that is associated with that person. Anita Rodriguez in this case is liable because she has registered domain names and there is also proof to show that she did so because of the goodwill it could bring to her business (Geiersbach, 2010). The law is applied by first confirming that the defendant has indeed registered the domain name with relevant authorities. The courts will then go about determining whether they have benefited commercially from such action. This forms the basis of setting an appropriate remedy.
References
Geiersbach, N. (2010). The Impact Of International Business On The Global Economy. Business Intelligence Journal, 3(2).
Pultrone, C. (2012). An Overview of Contract: Legal Issues and Challenges. Unif. L. Rev, 263-289 