Question
1.Richard entered Smith Rock's Rocking Used Cars to purchase a used car. Richard found a 2014 Mazda CX-5 with a sales price of $11,000.After Smith
1.Richard entered Smith Rock's Rocking Used Cars to purchase a used car. Richard found a 2014 Mazda CX-5 with a sales price of $11,000.After Smith answered all of Richard's questions about the car, Richard and Smith agreed to a cash sale at the listed price. As Richard was leaving Rocking Used Cars to go to his bank to get the money to pay for the car, Smith told Richard that he heard that Gloria Estefan formerly owned the car. Richard later learned that Gloria Estefan never had owned the car. If Richard seeks to rescind the deal based on Smith's statement, Richard will (A) win because he relied on the misrepresentation; (B) win because the salesman made a misrepresentation of a material fact; (C) lose because he did not rely on the misrepresentation.; (D) lose because Smith made a unilateral mistake.
Answer:______Explanation:
2.In June 2019 Gwen entered into a contract with a theatrical producer to star in a new Broadway musical during the 2020-2021 theatrical season. The show went into rehearsals in November 2019, began preview performances in early February 2020 and then opened for an indefinite run on March10, 2020. Gwen's contract called for her to remain in the lead role for the shorter of one year from opening night or the entire run of the show. Unfortunately, during the preview performances, Gwen had been spending time with an old friend who had just returned from a tour of China. At the cast party after the opening night, Gwen developed severe respiratory symptoms and had to be rushed to the emergency room. She was diagnosed with coronavirus, fell into extremely labored and difficulty breathing, was placed on a ventilator, and died on March 14, 2020. Her estate (A) is obligated to find another performer of similar talents who will agree to take over Gwen's role for the remainder of her contract term; (B) is discharged from any further obligations under the contract; (C)will be discharged from any obligations under the contract only if it can be shown that Gwen's death was unexpected; (D) will not be discharged and, if the play's producers have to pay more in order to hire a comparable substitute performer at the last minute, the estate will be responsible for the difference in pay.
Answer:______Explanation:
3.In June 2019 Gwen entered into a contract with a theatrical producer to star in a new Broadway musical during the 2020-2021 theatrical season. The show went into rehearsals in November 2019, began preview performances in early February 2020 and then opened for an indefinite run on March10, 2020. Gwen's contract called for her to remain in the lead role for the shorter of one year from opening night or the entire run of the show. Unfortunately, during the preview performances, Gwen had been spending time with an old friend who had just returned from a tour of China. At the cast party after the opening night, Gwen developed severe respiratory symptoms and had to be rushed to the emergency room. She was diagnosed with coronavirus, fell into extremely labored and difficulty breathing, was placed on a ventilator, and died on March 14, 2020. Her estate (A) is obligated to find another performer of similar talents who will agree to take over Gwen's role for the remainder of her contract term; (B) is discharged from any further obligations under the contract; (C)will be discharged from any obligations under the contract only if it can be shown that Gwen's death was unexpected; (D) will not be discharged and, if the play's producers have to pay more in order to hire a comparable substitute performer at the last minute, the estate will be responsible for the difference in pay.
Answer:______Explanation:
4.Shiloh and Francesca are debating whether to put their contract into writing.In making their determination, which of the following factors would it be usual practice for Shiloh and Francesca NOT to consider?(A) whether or not the agreement falls within the Statute of Frauds; (B) the complexity of the agreement; (C) the length of time covered by the agreement; (D) the length and strength of the relationship between the two parties (here, Shiloh and Francesca).
Answer:______Explanation:
5.Now, let us revisit out friend Richard, whom we met in question 1. Suppose instead of buying the used Mazda CX-5, Richard instead bought from Smith Rock's Rocking Used Cars a 2017 Jaguar F-Pace on credit for $30,000.To settle some old gambling debts, Smith then assigned to Bruno all his rights to receive money from Richard.Neither Smith nor Bruno informed Richard of the assignment at the time that it is was made.Therefore, Richard continued to make his required monthly loan payments directly to Smith.After about six months, Smith left the country for the Bahamas with the money.If Bruno then sues Richard for the missing six payments (A) Bruno will not be able to collect the money from Richard; (B) Bruno will be able to collect the money from Richard; (C)Richard is liable for the six monthly payments because Bruno paid consideration for the assignment through the forgiveness of Smith's gambling debts; (D) Richard cannot raise the defense of previous payment.
Answer:______Explanation:
6.Trans Global Airlines offered to sell 10 round-trip tickets to Silvestre.Trans Global stated in the offer that the acceptance must be in writing and delivered by USPS next-day service. Which of the following acceptances will create a contract between Trans Global and Silvestre? (A) Silvestre calls the Trans Global reservation number and states that he will buy the tickets. (B) Silvestre sends a fax to the Trans Global sales office stating he will buy the tickets. (C) Silvestre sends a letter by USPS next-day service to Trans Global stating that he will buy the tickets. (D) All of these responses will create a contract between Trans Global and Silvestre because they constitute reasonable means of communication.
Answer:______Explanation:
7.Lois had been a children's day care provider for several years in the small town of Smallville.She started a small business, Loving Care with Lois LLC, pursuant to which she operates a day care facility.At one point in time, Lois decided to give up small town living and move to Metropolis, the closest big city, for excitement and adventure.She sold Loving Care with Lois LLC to Jimmy.In the purchase and sale agreement with Jimmy, Lois agrees not to open a competing business within five miles of Smallville for a period of two years.After nine months of the big city life and a failed romance with Clark, who always seemed to be missing when Lois needed him most, Lois lost interest in living in Metropolis and moved back to Smallville.She opened a small day care facility in Bellemeade, the town directly adjacent to Smallville.Jimmy then filed suit against Lois to enforce the non-competition provision of the purchase and sale agreement.What is the most likely result of Jimmy's lawsuit against Lois?(A) Jimmy wins because the non-competition agreement is enforceable.(B) Lois wins because the non-competition agreement is denying her the right to do the only thing she knows how to do.(C) Lois wins because the non-competition agreement is against public policy.(D)Lois wins because the non-competition agreement is unreasonable as to the time and geographic scope of the restrictions.
Answer:______Explanation:
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