Notes for Final Paper

Do non change the font and do non instal in any punctuation or other marks in the answer sheet put unless the garner choice of your answer. Also, do non put any spaces beforehand or after the letter you enter as your answer. Be surely to turn off the mechanical completion function of cell entries. On the Tools menu, suction stop Options, and then click the Edit tab. Clear the Enable Autoclave for cell values take in box. Please put totally your last name on the purpose Sheet in the by writing it in the yellow space. 1. With calculate to the court of justice, adequacy of term means A.The court volition adjust the servant if the value exchanged is un uncontaminating. B. The amity exchanged essential(prenominal) be merely equal in value. C. The court doesnt attending about value as long as the mutual assent is valid. D. The consideration exchanged must be resolveably c pull away in value. 2. Bill gets many washstandnonball along tickets. His friend Ron told Bil l that he would conciliate Bill $300 if he did non get a ticket for nonpareil year. Bill group very cautiously for the close year and did not get a ticket. Is Ron obligated to pay? A. Yes, be vex Bill gave up a legal remediate found on the agreement.B. No, because $300 is not an adequate amount ground on Bills detriment. C. Yes, because a promise is a promise and consideration has energy to do with this agreement. D. No, cause Bill suffered no detriment in this agreement. scalawag 2 of 6 LAW 421 Quiz 3 7. 01. 14 3. Excursions Inc. (Excursions) uniform 300 kayaks from Seaf arrs, Inc. (Seafarers), with delivery to be made on April 20. The kayaks ordain utilize during the future season. Under which circumstance may Excursions claim anticipatory debunking? A.The popularity of kayaking has suddenly decreased and Excursions isnt sure it can use 300 kayaks during the upcoming season. B. The cost of kayaks has tripled owing to worldwide demand, lowering Seafarers profit margin. Yet Seafarers insists that it bequeath honor the stupefy with Excursions. C. Excursions have found another manufacturer that can provide less expensive kayaks of the same quality as Seafarers kayaks. D. Seafarers only manufacturing plant burned down on January 1 5, yet Seafarers insists that it testament rebuild the plant and honor the assume with Excursions. 4.Ronald assure with Quality Hotel (Quality) to require a room for a weekend while at a credit line meeting in the city. The contract with Quality required a $50 desexualise with the remaining balance due on conk out-in. The deposit was nonrefundable unless the reservation is cancelled at least 36 hours prior to check in. The mean solar day before he was to eave for the resort, Arnolds boss environed off the business meeting. Ronald called Quality, canceled the reservation, and demanded a refund of his deposit. A. Ronald leave alone get the refund because of impossibility of performance he cant attend a busi ness meeting that isnt going to be held.B. Ronald provide get the refund because of frustration of purpose his intention was to attend a business meeting that is no longer being held. C. Quality is not required to provide a refund. D. Ronald will get the refund because of impracticableness he doesnt need a room to attend a business meeting that isnt going to be held. 5. capital of Minnesota contracted with Dan to buy just about land on behalf of Developers, Inc. Developers told Paul to use Palls own name and not to disclose to Dan that Paul was inventing for Developers. Paul signed the contract in his own name only. Developers ref apply to honor his arrangement with Paul.A. Paul is presumable, but may sue Developers found on failure of loyalty. B. Paul cant be sued because hes only an agent. C. Developers has no liability to anyone since his name was never disclosed. D. Paul is likely, but may sue Developers based on indemnification. 6. Which of the following is not an excepti on to the employment-at-will doctrine? A. An employee is working under an implied employment contract. B. An employees termination violates a public constitution or statutory right. C. An employee is terminated but has stock excellent evaluations and the employer cannot upkeep game a reason for the dismissal.D. An employee is working under an express employment contract. rogue 3 of 6 LAW 421 Quiz 3 7. 01. 14 7. whopping lash Inc. ( big(a) Box) was hiring a auspices guard for one of its stores. On its application, Big Box asked whether the applicant had ever been arrested. Bob applied for a think over at Big Box and answered no to the question. He also answered no to a question asking if there was any reason that he would not be qualified to work as a security guard. Soon after Bob was hired, he eat up a customer. It was discover at trial that Bob had been fired from numerous Jobs for abusing customers and other offenses.If the customer sued Big Box A. Big Box would no t be liable because it made a good faith effort to screen applicants by specifically asking about past indiscretions. B. Big Box would not be liable because Bob was supposed to control customers. C. Big Box would be liable for negligent hiring. D. Big Box would be liable for negligent retention. 8. With regard to whistle blowers A. Every situate law protects somewhat(prenominal) political sympathies and private employees from retaliation. B. Employers may terminate whistle-blowers if they can prove a reason for termination item-by-item of retaliation for the whistle blowing. C.There is no federal whistle-blower act. D. Based on the employment-at-will doctrine, employers may terminate whistle- blowers without proving a reason independent of retaliation for the whistle blowing. 9. Rupert hired Calvin to drive a car to a site 75 miles away. Rupert specified the route that Calvin was to take and told him to be sure to arrive by 430 pm. On the ay, Calvin became hungry and dogged to stop to eat. He had plenty of time to stop, eat, and still make the deadline. He went too eatery that was three miles off the route that Rupert had specified. Calvin did not call Rupert to ask for permission.On the way to the restaurant, Calvin failed to stop ATA red light and hit Cams car. surface-to-air missile sued Calvin and Rupert. A. Rupert will lose because Calvin was on a frolic, so Rupert is liable B. Rupert will win because Calvin was on a detour, freeing Rupert from liability C. Rupert will lose because Calvin was on a detour, so Rupert is liable D. Rupert will win because Calvin as on a frolic, freeing Rupert from liability 10. tour accepted a new Job. Which of the following is not a contract condition associate to that Job? A. Adam will receive a bonus provided that he obtains 25 new clients within 30 days. B.Dams medical and dental benefits will start after he has worked for seven months. C. Dams salary will be $1,200 a week. D. Adam cannot set out work until he passes a drug test. 11. The IRS has developed a three-part test to determine an agents status. Which of the following is not an part in this test? A. Whether the working relationship is pen or verbal B. He type of working relationship between the parties C. Behavi unwritten aspects of the parties D. The financial arrangements between the parties Page 4 of 6 LAW 421 Quiz 3 7. 01. 14 12. Ernie worked as a delivery driver for a local anesthetic fast food restaurant.His duties consisted of making deliveries along a designated route. One day Ernie decided to visit his friend, who lived 8 miles out of his delivery route. While operate to his friends house, Ernie injured a pedestrian, Alvin. The accident was caused because of Ermines negligent driving. Alvin sued both Ernie and the restaurant for ain injuries. Under the circumstances A. The restaurant is never liable for the negligent acts of its agents. B. The restaurant is liable under the doctrine of respondent superior. C. The restaurant is not liable because Ernie was on a frolic of his own. D.Alvin can recover damages from both the restaurant and Ernie. 13. James wanted to have a pool build at his house. He called Patio Construction, Inc (Patio). When Patio came to give James a value, it did some soil tests and discovered no problems. Patio quoted $1 5,500 for the pool. However, when it begin excavating for the pool, Patio discovered solid rock few feet below institute level. Patio stopped work and informed James that, due to the rock, it will have to use explosives to remove the rock and that the cost of the pool would this instant be $18,000. A. James is under contract and will have to pay the new price. B.James can have the contract discharged based on impracticability. C. James can have the contract discharged based on frustration of purpose. D. James can have the contract discharged based on impossibility. 14. Jake advertised his scooter for sale. The scooter doesnt start soft in damp weather. Adam was looking for a scooter to use at his home, which near the seacoast, which he told Jake. Jake say nothing. Adam bought the scooter, brought it to his house, where Adam often had agitate getting it to start on damp mornings. A. Jake has committed a fraudulent misrepresentation because he withheld a material fact.B. Jake has not committed a fraudulent misrepresentation because Adam didnt specifically ask if the scooter started easily in damp weather. C. Jake has committed an innocent misrepresentation because he didnt state a lie, but only withheld all of the truth. D. Jake has not committed a fraudulent misrepresentation because silence cannot be considered a fraudulent misrepresentation. 15. In which of the following scenarios would enforcement of specific performance be appropriate? A. You ordered a stereo from an electronics store and a few days later it breached by not ordering it from the manufacturer.B. A store agreed to order a laptop computer for you, but breached its contract with you by canceling the order the next day. C. You ordered 50 cubic yards of crushed from a local store and it breached by not delivering or making the stone available to you. D. You contracted to buy an antique clock to add to your art collection but, disrespect the contract, the owner refused to denounce at the last minute. 16. Which of the following is the true avowal? A. Apparent authority is based on what the principal communicates to the agent and not to the third party. B.Actual authority must be expressly created and cannot be based on custom or past dealings. C. Actual authority must always be expressed in writing. D. Ratification applies to previously unlicenced acts. Page 5 of 6 LAW 421 Quiz 3 7. 01. 14 17. Jim contracted with Gardeners Inc. To plant some trees in Jims back yard. Jim was to purchase the trees. The contract with Gardeners was solely for planting. Payment was to be 25% at the time that the work commenced and 75% once the Reese were plan ted. Jim purchased the trees and paid Gardeners the 25%. Gardeners began work.When Gardeners was half way through and through the Job, Jim changed his mind about having trees planted, so he refused Gardeners access to the yard. If Gardeners wanted to swipe the contract and be paid for work completed, it would sue for A. Consequential damages. B. Compensatory damages. C. Restitution. D. Liquidated damages. 18. Marine, Inc. denote a canoe on sale. The normal price is $1,250 and the sale price should have read $950, but the advertisement stated $750. Sam went into the tore and demanded to purchase the canoe at the advertised price of $750. Which of the following is sort out? A.The court will adjust the consideration, if the value exchanged is unfair. B. The court doesnt care about value, as long as the mutual assent is valid. C. The consideration exchanged must be exactly equal in value. D. The consideration exchanged must be reasonably close in value. 19. In which of the following situations is the agent not liable should the principal breach the contract with the third party? A. Agents are liable in all theatrical situations B. Undisclosed authorisation C. Partially disclosed agency D. Disclosed agency 0. Bobby entered into a contract with Eddie. Subsequently, Bobby assigned his rights in that contract to Jake.Which of the following would not prevent that assignment? A. The contract contains an anti-assignment clause. B. The assignment would materially alter Eddies duties and cause an increased burden or risk to Eddie. C. Eddie protests the assignment and demands that Bobby not make the assignment. D. The assignment would violate public policy matters. 21 . Which of the following is the ruff explanation of the parole evidence rule? A. Oral agreements may be used to change a nett written contract if the closing written entrant isnt exactly conforming to the pre-contract agreements. B.Written contracts with ambiguous terms are automatically void and canno t be corrected. C. Written agreements may be used to change a final written contract if the final written contract isnt exactly conforming to the pre-contract agreements. D. A written contract is the final expression of the partys agreement and may not be contradicted by oral or written agreements made prior to the writing. 22. Ralph was a driver for usher out Appliances, Inc. (Discount) and made deliveries to customers. One day, Ralph negligently secured a fridge on the back of his truck and, hill driving, the fridge fell out of the truck and hit Jims car.Which of the following is correct? A. Both Ralph and Discount are liable. B. No one is liable, it was an accident. C. Ralph is liable, but not Discount. D. Discount is liable, but not Ralph. Page 6 of 6 LAW 421 Quiz 3-7. 01. 14 23. Richard called Jeff asking him to referee a game. Jeff is not obligated to work the game. If Jeff accepts the assignment and works the game, he would be told the time of the game, he would be required to wear an approved uniform, and he would be paid a fee. Once at the game, Jeff would be in complete control. Jeff is considered a/an A. Principal. B. Independent contractor. C. Agent. D. Employee. 24. In which of the following situations will the court enforce a contract? A. Kevin offered to sell his boat to Dave for $12,500. Dave replied that was too lots and tell, Ill give you $10,000 for it, Kevin said no. The next day Dave called Kevin and said, l accept. B. Kevin offered to sell his boat to Dave. Dave asked for 24 hours to decide and Kevin agreed. At midnight, the boat sank, although neither Dave nor Kevin knew it sank. Dave called Kevin before the 24 hours was over and said, l accept. C. Kevin offered to sell his boat to Dave.Dave asked for some time to decide and Kevin gave him until 700 pm. At 500 pm, Dave saw Adam painting the boat and was told that Kevin sold it to him. Dave called Kevin at 600 pm and said l accept. D. Kevin offered to sell his boat to Dave. Dave asked for more time and Kevin said you may have until 1100 am the next morning. Dave gave Kevin $150 for him to keep the offer open to him, which was nonrefundable. Kevin died during the night and, after hearing that Kevin died, Dave called Sevens heirs at 1000 am the next morning and accepted Sevens offer.When Paul came home from work, he found that all the snow from a recent storm had been remote from his yard. An hour later, a boy came to Palls door to collect payment for the work. Paul refused to pay him because he had never seen the boy before, nor had he hired him to do the work. Which of the following is accurate? A. This is an implied, unilateral contract, therefore, he must pay. B. Paul received unjust enrichment, so a quasi contract was formed and he must pay. C. Paul would not have to pay anything. D. To be fair to both parties, the court would make Paul pay the reasonable coos