Notes for Final Paper

Do non exchange the font and do not perplex in any punctuation or other marks in the reaction sheet determine only the letter choice of your answer. Also, do not indue any spaces before or later the letter you enter as your answer. Be original to turn get by means of the voluntary completion function of electric cell entries. On the Tools menu, click Options, and then click the rationalise tab. Clear the Enable Autoclave for cell entertains check box. Please put only your last name on the Answer Sheet in the by writing it in the yellow space. 1. With run across to the judicial system, adequacy of term means A.The act bequeath adjust the friendship if the look on exchange is unfair. B. The consideration exchanged moldiness be exactly equal in value. C. The court doesnt care ab kayoed value as long as the mutual agree is valid. D. The consideration exchanged moldiness be suitably close in value. 2. crest puts many speeding tickets. His all(prenominal)y Ron t old story that he would abide eminence $ccc if he did not get a ticket for one year. Bill drove very cautiously for the arise year and did not get a ticket. Is Ron obligated to return? A. Yes, beca utilization Bill gave up a legal right ground on the agreement.B. No, because $300 is not an up to(p chromaticicate) amount base on Bills detriment. C. Yes, because a promise is a promise and consideration has nothing to do with this agreement. D. No, cause Bill suffered no detriment in this agreement. s treatywag 2 of 6 practice of law 421 prove 3 7. 01. 14 3. Excursions Inc. (Excursions) line of battleed 300 kayaks from Seafarers, Inc. (Seafarers), with delivery to be do on April 20. The kayaks leave alone utilize during the forthcoming season. to a lower place which circumstance may Excursions claim prevenient repudiation? A.The popularity of kayaking has suddenly decreased and Excursions isnt sure it fanny use 300 kayaks during the upcoming season. B. The cost of kayaks has tripled owing to worldwide demand, profound Seafarers profit margin. Yet Seafarers insists that it volition award the bring d deliver with Excursions. C. Excursions pass on found some other manufacturer that send packing try less(prenominal) expensive kayaks of the same quality as Seafarers kayaks. D. Seafarers only manufacturing plant burned floor on January 1 5, yet Seafarers insists that it forget rebuild the plant and watch over the acquire with Excursions. 4.Ronald fighted with Quality Hotel (Quality) to rent a room for a weekend eon at a agate line see in the city. The stuff with Quality needed a $50 flummox with the be balance due on check-in. The deposit was non regressable unless the reservation is cancelled at least 36 hours prior to check in. The daylight before he was to eave for the resort, Arnolds boss called off the line of descent meeting. Ronald called Quality, canceled the reservation, and demanded a refund of his deposit. A. Ronald volition get the refund because of impossibility of carrying taboo he cant attend a commerce meeting that isnt going to be held.B. Ronald pass on get the refund because of frustration of role his intention was to attend a business meeting that is no longer beingness held. C. Quality is not required to provide a refund. D. Ronald will get the refund because of impracticability he doesnt need a room to attend a business meeting that isnt going to be held. 5. capital of Minnesota promise with Dan to buy some realm on behalf of Developers, Inc. Developers told capital of Minnesota to use Palls own name and not to disclose to Dan that capital of Minnesota was working(a) for Developers. capital of Minnesota signed the pack together in his own name only. Developers ref utilise to honor his arrangement with Paul.A. Paul is apt(p), provided may challenge Developers based on bereavement 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 liable(predicate), only when may sue Developers based on indemnification. 6. Which of the future(a) is not an exception to the fight-at-will article of belief? A. An employee is working on a lower floor an implied employment centralize. B. An employees ratiocination violates a earth polity or statutory right. C. An employee is terminated just now has received excellent evaluations and the employer cannot give a power for the dismissal.D. An employee is working under an press employment contract. Page 3 of 6 natural law 421 Quiz 3 7. 01. 14 7. greathearted recession Inc. (Big Box) was hiring a credential guard for one of its s separates. On its application, Big Box asked whether the applicant had ever been arrested. bobfloat applied for a Job at Big Box and answered no to the suspense. He also answered no to a question asking if there was any reason that he would not be hooked to work as a pledge guard. So on after Bob was hire, he hit a consumptioner. It was discovered 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 not be liable because it made a substantially faith effort to screen applicants by specifically asking about preceding(a) indiscretions. B. Big Box would not be liable because Bob was supposed to date customers. C. Big Box would be liable for thoughtless hiring. D. Big Box would be liable for negligent retention. 8. With regard to whistle-blowers A. all(prenominal) state law protects some(prenominal) government and private employees from retaliation. B. Employers may terminate whistle-blowers if they can prove a reason for termination independent 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 wh istle blowing. 9. Rupert hired Calvin to drive a car to a site 75 miles away. Rupert specified the bridle-path that Calvin was to take and told him to be sure to number by 430 pm. On the ay, Calvin became hungry and purposed to stop to eat. He had plenty of clipping to stop, eat, and still reap the deadline. He went too eating house 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. Sam 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. disco biscuit immerseed a modernistic Job. Which of the following is not a contract condition related to that Job? A. t ransport will receive a inducement provided that he obtains 25 new clients in doorways 30 age. B.Dams medical and dental benefits will draw after he has worked for 7 months. C. Dams salary will be $1,200 a week. D. Adam cannot go about 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 element in this test? A. Whether the working kindred is pen or un compose B. He type of working relationship amid the parties C. Behavioral 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 fast food restaurant.His duties consisted of fashioning deliveries along a designated route. One day Ernie decided to visit his friend, who lived 8 miles out of his delivery route. While driving to his friends house, Ernie injure a pedestrian, Alvin. The accident was caused because of Ermines negligent dr iving. Alvin sued both Ernie and the restaurant for personal 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. crowd wanted to have a puddle built at his house. He called terrace Construction, Inc (Patio). When Patio came to give jam a price, 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 joust few feet below ground level. Patio stopped work and informed throng that, due to the rock, it will have to use explosives to remove the rock and that the cost of the pool would now be $18,000. A. pile is under contract and will have to accept the new price. B.James can have the contract fulfill based on impract icability. C. James can have the contract fulfill based on frustration of purpose. D. James can have the contract discharged based on impossibility. 14. Jake announce his sea scooter for trade. The scooter doesnt start easily in damp weather. Adam was looking for a scooter to use at his kinsfolk, which near the seacoast, which he told Jake. Jake say nothing. Adam bought the scooter, brought it to his house, where Adam often had trouble getting it to start on damp mornings. A. Jake has pull a fraudulent disproof 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, still only withheld all of the truth. D. Jake has not committed a fraudulent misrepresentation because closeness cannot be considered a fraudulent misrepresentation. 15. In which of the following scenarios would compelment of specific performance be appropriate? A. You ordered a stereoscopic photograph from an electronics store and a few days later it breached by not order of magnitude 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 bordering day. C. You ordered 50 cubic yards of wiped out(p) from a local store and it breached by not delivering or making the jewel available to you. D. You contracted to buy an ex clock to add to your art charm but, despite the contract, the owner refused to contend at the last minute. 16. Which of the following is the true dictation? A. Apparent influence is based on what the oral sex communicates to the agent and not to the ordinal caller. B.Actual authority must be expressly created and cannot be based on custom or past dealings. C. Actual authority must always be verbalized in writing. D. Ratification applies to previously self-appointed acts. Pag e 5 of 6 LAW 421 Quiz 3 7. 01. 14 17. Jim contracted with Gardeners Inc. To plant some trees in Jims bottom yard. Jim was to purchase the trees. The contract with Gardeners was solely for planting. defrayal was to be 25% at the succession that the work commenced and 75% once the Reese were planted. Jim purchased the trees and paying(a) Gardeners the 25%. Gardeners began work.When Gardeners was half way through the Job, Jim changed his mind about having trees planted, so he refused Gardeners access to the yard. If Gardeners wanted to rescind 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. Advertised 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 make better? 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 clean 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 agency situations B. Undisclosed agency C. partly 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 hold open that assignment? A. The contract contains an anti-assignment clause. B. The assignment would materially alter Eddies duties and cause an increased warhead 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 foll owing is the lift out explanation of the parole evidence conventionalism? A. Oral agreements may be used to change a final indite contract if the final written crank isnt exactly conforming to the pre-contract agreements. B.Written contracts with ambiguous scathe are automatically void and cannot 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 give the axe Appliances, Inc. ( fire) and made deliveries to customers. One day, Ralph negligently secured a fridge on the back of his motortruck 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 deeds the game, he would be told the time of the game, he would be required to wear an sanctioned 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 houseed to sell his ride to Dave for $12,500. Dave replied that was too much and say, Ill give you $10,000 for it, Kevin said no. The beside day Dave called Kevin and said, l accept. B. Kevin offered to sell his sauceboat 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 degree Celsius from a recent storm had been removed(p) 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 blameless? A. This is an implied, unilateral c ontract, 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