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1 . In J . T . ex . rel. Thode v . Monster Mountain LLC ( 2 0 1 0 ) A ) The
In JT ex rel. Thode v Monster Mountain LLC
A The court determined that a minor may disaffirm a release signed by a guardian in order to bring a negligence claim against the facility.
B The court determined that JT could not disaffirm a release signed by his coach in order to bring a negligence claim against the facility because it was a necessary.
C The court determined that JT could not disaffirm a release signed by his coach in order to bring a negligence claim against the facility because he was emancipated.
D The court determined that a minor may not disaffirm a release signed by a guardian in order to bring a negligence claim against the facility.
Hicks v Sparks the standard used by the court to determine whether a contract could be rescinded based on mutual mistake was:
A plaintiff must show by clear and convincing evidence that both parties were mistaken as to a basic assumption, the mistake materially affects the agreedupon exchange of performances, and the party adversely affected did not assume the risk of mistake.
B plaintiff must show by probable cause evidence that both parties were mistaken as to a basic assumption, the mistake materially affects the agreedupon exchange of performances, and the party adversely affected did not assume the risk of mistake.
C plaintiff must show beyond a reasonable doubt that both parties were mistaken as to a basic assumption, the mistake materially affects the agreedupon exchange of performances, and the party adversely affected did not assume the risk of mistake.
D plaintiff must show by a preponderance of the evidence that both parties were mistaken as to a basic assumption, the mistake materially affects the agreedupon exchange of performances, and the party adversely affected did not assume the risk of mistake.
In Hicks v Sparks the court ruled in favor of
A Hicks because Hicks required additional surgery that was not known when she signed the contract releasing Sparks.
B In Hicks v Sparks the court ruled in favor of Hicks because Hicks did not intend to crash into the car driven by Sparks.
C Sparks because under the doctrine of mutual mistake, Hicks assumed the risk of the mistake she made when signing a release against Sparks without further investigating her injury.
D Sparks because Sparks did not intend to crash into the car driven by Hicks.
Keanu gets a job offer and wants to accept. The employer sends an email to Keanu stating that the job offer must be accepted on or before September No other requirement is stated regarding the offer or acceptance. On September Keanu mails an acceptance through the US Postal Office. The Post Office even postmarks the envelope for September On September the employer has still not heard from Keanu and therefore offers the job to someone else on that day, and emails Keanu that the position is offered to someone else because Keanu had not responded to the offer. On September the employer receives Keanu's acceptance in the mail. According to the mailbox rule:
A Keanu mailed the acceptance on or before September and therefore there is a contract between the employer and Keanu.
B The employer's offer expired on September and therefore even though Keanu mailed the acceptance on September it took too long to arrive to the employer therefore there is no contract.
CThe employer already hired someone else for the position, and therefore there is no contract between the employer and Keanu.
DThe employer did not receive the acceptance until after September and therefore there is no contract between the employer and Keanu.
"Consideration" is an element in a contract, and the consideration must have
A been written, and not given in exchange for value.
B been written and signed by the party making the offer, but the acceptance need not be in writing or signed, and the consideration must not be the result of a bargain.
C been freely gifted, and not given in exchange for an act or a promise.
D legal value, bargained for and given in exchange for an act or a promise.
The JT ex rel. Thode v Monster Mountain LLC court cited in its opinion.
A Zimmerman v Allen"
B "Galloway v Arkansas"
C "Galloway v lowa"
D "Zimmerman v Galloway"
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