1. TRUE OR FALSE?

Sally Ann contracts with Jerel Smith the renowned musician to teach her child how to play the drums. Jerel has a star apprentice, and he delegates the teaching to his student. Sally Ann objects saying that she wants Jerel Smith to be the teacher. The contract was in writing, and it did not mention Assignment or Delegation. If the student is competent Jerel has a right to make the delegation.

2. TRUE OR FALSE?

When the Dixie Cups were 16 years old, they made their first hit. After the Hit took off, they contracted with an Agent to promote them in the future. After some discussion they discovered that the contract that they had entered into was terrible. When they asked to get out of the contract the Agent said no. He also said that even though they were minors since they were in business, they had the capacity to contract. Was his statement to them, correct?

3.Two parties entered into a contract for the sale of goods clearly worth more than $500. Some of the details of the agreement were not written out in the written contract. The Seller decided not to go through with the deal. When the Buyer insisted on going forward the Seller refused. Can the Buyer win if she sues?

a.The Court can enforce any clear parts of the contract and not enforce the parts that are not clearly covered in the written document.

b.The court may allow evidence of consistent additional terms to explain or supplement the terms stated in the contract.

c.No. Since the value is clearly more than $500.00 everything has to be in writing.

d.On the issues not clearly stated the court should split the difference.

e.The Parol Evidence Rule prevents the court for looking to anything other than the words written in the contract.

4.The Henderson Corporation produced a large line of sporting goods. The Corporation used a very distinctive Trademark which was recognized worldwide. Worldwide Sporting Goods, Inc. a competitor in the industry developed a Trademark that was very similar. From a distance the two trademarks were usually confused but if there was a close inspection you could tell the difference. Henderson demanded that Worldwide stopped using the similar Trademark. Worldwide refused, saying that anyone paying close attention could tell the difference. Which of the statements below is most correct?

a.There is no infringement if the Trademarks are not exact.

b.Does the similarity between the defendant's mark and the famous mark give rise to an association between the marks? If so Worldwide can be stopped.

c.There is no mention of whether or not the Trademark was registered. If it is not registered it cannot be protected.

d.It depends upon if you are in a Common Law or Civil Law State.

e.There must be a determination of the intent of Worldwide.