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Hochster v. De La Tour

FACTS On April 12, 1852, Hochster contracted with De La Tour to serve as a guide for De La Tour on his three-month trip to Europe, beginning on June 1 at an agreed-upon salary. On May 11, De La Tour notified Hochster that he would not need Hochster’s services. He also refused to pay Hochster any compensation. Hochster brought this action to recover damages for breach of contract.

DECISION Judgment for Hochster.

OPINION Hochster may treat the repudiation by De La Tour as a breach of contract and immediately bring suit. Otherwise, Hochster would have to remain ready to perform and to refrain from accepting other employment in order to tender his services on June 1. It is far more rational, upon repudiation of the contract by one of the parties, to allow the other party to consider his performance under the contract as excused and seek other employment while retaining his right to sue for damages.

INTERPRETATION An anticipatory breach discharges the injured party and entitles her to bring suit immediately.

CRITICAL THINKING QUESTION What policy reasons support an injured party’s right to bring suit immediately upon an anticipatory repudiation? Explain.

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John Connelly suffered personal injuries when a tire manufactured by Uniroyal failed while his 1969 Opel Kadett was being operated on a highway in Colorado. Connelly’s father had purchased the automobile from a Buick dealer in Evanston, Illinois. The tire bore the name “Uniroyal” and the legend “made in Belgium” and was manufactured by Uniroyal, sold in Belgium to General Motors, and subsequently installed on the Opel when it was assembled at a General Motors plant in Belgium. The automobile was shipped to the United States for distribution by General Motors. It appears that between the years 1968 and 1971 more than 4,000 Opels imported into the United States from Antwerp, Belgium, were delivered to dealers in Illinois each year; that in each of those years between 600 and 1,320 of the Opels delivered to Illinois dealers were equipped with tires manufactured by Uniroyal, and that the estimated number of Uniroyal tires mounted on Opels delivered in Illinois within each of those years ranged from 3,235 to 6,630. Connelly brought suit in Illinois against Uniroyal to recover damages for personal injuries. Uniroyal asserted that it was not subject to the jurisdiction of the Illinois courts because it is not registered to do business and has never had an agent, employee, representative, or salesperson in Illinois; that it has never possessed or controlled any land or maintained any office or telephone listing in Illinois; that it has never sold or shipped any products into Illinois, either directly or indirectly; and that it has never advertised in Illinois.

a. What arguments could Connelly make in support of his claim that Illinois courts have jurisdiction over Uniroyal?

b. What arguments could Uniroyal make in support of its claim that Illinois courts do not have jurisdiction over it?

c. Who should prevail? Explain.

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Suppose Procter & Gamble sells about 20 million bars of soap per week, but the demand is not constant and production management would like to get a better handle on how sales are distributed over the year. Let the following sales figures given in units of million bars represent the sales of bars per week over one year. Construct a histogram to represent these data. What do you see in the graph that might be helpful to the production (and sales) people?

Construct a stem-and-leaf plot using the whole numbers as the stems. What advantages does the stem-and-leaf plot of these sales figures offer over the histogram? What are some disadvantages? Which would you use in discussions with production people, and why?

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Putting It Together: Online Homework Professor Stephen Zuro of Joliet Junior College wanted to determine whether an online homework system (meaning students did homework online and received instant feedback with helpful guidance about their answers) improved scores on a final exam. In the fall semester, he taught a precalculus class using an online homework system. In the spring semester, he taught a precalculus class without the homework system (which meant students were responsible for doing their homework the old-fashioned way—paper and pencil). Professor Zuro made sure to teach the two courses identically (same text, syllabus, tests, meeting time, meeting location, and so on).
The table summarizes the results of the two classes on their final exam.

(a) What type of experimental design is this?

(b) What is the response variable? What are the treatments in the study?

(c) What factors are controlled in the experiment?

(d) In many experiments, the researcher will recruit volunteers and randomly assign the individuals to a treatment group. In what regard was this done for this experiment?

(e) Did the students perform better on the final exam in the fall semester? Use an  level of significance.

(f) Can you think of any factors that may confound the results? Could Professor Zuro have done anything about these confounding factors?

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