Question
1.A woman forged her husband's signature on dozens of checks in an attempt to protect her from prosecution the husband signed a letter prepared by
1.A woman forged her husband's signature on dozens of checks in an attempt to protect her from prosecution the husband signed a letter prepared by the bank agreeing to assume all liability for the forged cheques. what would the court find in a relation to this agreement?
a. the agreement was unforceable because the bank lacked the capacity to enter into such an agreement.
b. As an agreement to Stifle a criminal prosecution, it was an illegal contract and therefore void
c. agreement was unforceable because the husband was under duress at the time he signed it
d. While the bank acted improperly, freedom to contact establishes that the agreement must be enforced
e. because the husband acted improperly, the agreement was voidable by the bank on the basis of illegality
2. You and your parents were both surprised when your grandfather said the doctor told him to come for weekly check-ups, but he didn't seem sick. nevertheless, youdutifully look him to and from hisappointments for a period of about 6 months he never talked about the sessions but loved to go. now he has come to the family and said that he is sorry that he gave the doctor his oil paintings and sold him the farm. on these facts which of the following is false?
a. if a court held that the property was obtained by undue influence the contract would be voidable at the option of your grandfather the weaker person.
b. a presumption of undue influence doesn't mean the weaker party will automatically get his property back.
c. if your grandfather had gone to his lawyer for independent advice before conveying his property to doctor he would have more difficulty arguing undue influence.
d. It would be easier for him to argue duress than undue influence.
e. in a court action if he claimed the return of his property on the basis of undue influence the court would presume undue influence and the doctor would have to prove that the property was freely given
3. Clare enters into an agreement with Reese, a local artist to showcase a particular one of her sculptures at a prestigious art gallery. the day before the show The gallery were there a sculpture was being stored ones to the ground which of the following represents the likely outcome?
a. The contract has been discharged through frustration
b. Reese can simply provide a difference sculpture to satisfy the contract
c. Clare will still need to pay Reese the same price agreed to in the contract because the fire was not Reese's fault
d. The contract is void
e. Reese has bleached the contract by failing to deliver the sculpture
4. David was an author of a popular series of children's books. he signed an agreement with his publisher, in which he agreed to have a new book in series written by October 30, as noted in the contract, the timing was critical to ensuring the books would beshelves before Christmas and in order to coincide with the massive promotion the publisher had been planning David hada terrible case of writers block. by October 15th he realized that there was no way that he would have the book finished by the deadline. he emailed his publisher, admitting that he would not have the book finished in time ,what are the publishers options?
a. The publisher has the right to demand performance or sue .
b. the publisher cannot take any steps until October 30 assuming david does not deliver.
c. The contract is voidable at the option of the publisher.
d. the dates set out in the contract is not an enforceable term; if David gets the manuscript to the publisher and then reasonable time, he will not be in breach
e. the publisher has no recourse because David's case of writers block has made performance impossible
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