Extras

Question 1

Implied warranty of merchantability

Answer 1

Under UCC, a merchant warrants in every contract that the goods are fit for the ordinary purposes for which such goods are used. If the goods fail as merchantable, the buyer can reject them within a reasonable time. If buyer allows too much time to pass before he rejects the goods, he waives his right to reject the goods under an implied warranty of merchantability.

Question 2

Piercing the Corporation Veil

Answer 2

Under BCL, shareholders are generally not liable for actions of a corporation. A corporation is liable for its own actions. However, if a shareholder control the corporation to further his own business purposes rather than that of the corporation, courts will pierce the corporation veil and hold the shareholder liable for actions of corporation. In NY, courts are reluctant to pierce the corporate veil if the corporation has any separate existence from the shareholder.

Question 3

Motion to Set Aside a Verdict ( criminal case)

Answer 3

Under CPL (Criminal Procedure Law) , at any time after rendition /ren’dɪʃən/ 提供 of a verdict of guilty and before sentence, the court may, upon motion of the defendant, set aside or modify the verdict or any part thereof upon a ground appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law by an appellate court.

Question 4

Motion to Dismiss an Indictment

Answer 4

Under CPL, a court may dismiss an indictment upon a finding that the evidence before the grand jury was not legally sufficient to establish the offense charged, or any lesser included offense.