LAWS 310 Final Exam Guide
1. (TCO 4) The Hagues owned a tract of land that they decided to sell. They signed a listing agreement with Harvey Hilgendorf, a licensed real estate broker, which gave Hilgendorf the right to list the property for 12 months. According to the agreement, Hilgendorf would be paid a 6% commission if a bona fide buyer was found during the listing period. Five months later, the Hagues sent Hilgendorf a letter terminating the listing agreement, although Hilgendorf did not agree to the termination. One month later, Hilgendorf presented an offer to the Hagues from a buyer willing to purchase the property at full value. The Hagues ignored the offer and sold it themselves. Hilgendorf sued the Hagues for breach of the agency agreement.
Did the Hagues act ethically? How should the lawsuit be decided?
2. (TCO 1) 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?