Question
2. The court in World of Boxing LLC v. King decided in favor of Don King, the defendant, because King could not have performed the
2. The court in World of Boxing LLC v. Kingdecided in favor of Don King, the defendant, because King could not have performed the contract with World of Boxing, LLC (plaintiff) due to King's impossibility defense arising from Guillermo Jones being disqualified from competing at Moscow.
A. True
B. False
3.Wally and Joe agree that Wally will begin paying Joe $1000 per month for Joe to manage Wally's Fishing Store, but that if Wally's Fishing Store dissolves, Wally's obligation to pay will cease. This is
A. condition precedent
B. condition subsequent
C. normal condition precedent
D. regular unilateral condition
4. If the deceased had no surviving relatives, his property escheats to the
A. federal government
B. Internal Revenue Service (IRS)
C. decedent's last known employer
D. state where the deceased was domiciled
5. According to the court in the Houseman v. Dare case, money damages alone, sometimes may not compensate for a pet dog, hence __________________ may provide a reasonable remedy in this case.
A. liquidated damages
B. punitive damages
C. loss of profit damages
D. specific performance
6. A document in which a person states in advance his intention to forgo or obtain certain life- prolonging medical procedures is called a:
A. revocable trust
B. living will
C. codicil
D. inter vivos trust
7.InSogeti USA v. Scariano the U.S. District Court in Arizona upheld the transfer and assignability of employees' restrictive covenants in their original employment contracts.
A. True
B. False
8. Terence and Brency are unrelated co-workers at a bicycle repair shop where they have worked for 5 years, even when the owner couldn't pay their wages during rough times. The owner of the shop, Erin, transfers the deed to one of her houses to both Terence and Brency as a gift for their loyalty, but without specification of their co-ownership form. It is presumed that they will acquire the property as______________.
A. tenants by the entirety
B. periodic tenancy
C. tenancy at sufferance
D. tenants in common
9.The issue in Sogeti, USA LLC v. Scariano is whether:
A. the non-compete clause was assignable without Martinez's express consent.
B. the non-compete clause was assignable without Sogeti USA LLC's consent.
C. the non-compete clause was assignable without Software Architects, Inc.'s consent
D. the non-compete clause was enforceable by Neudesic, LLC.
10. In Grande v. Jennings, the relevant property discovered by contractors was classified by the court as abandoned.
A. True
B. False
11. Mary is the representative, or executor, of her uncle's estate. Her uncle, had owned a large farm, and had received $100,000 of farm equipment on credit before he passed from a local farm equipment wholesaler. The wholesaler called Mary and told her he was sorry about her uncle, but that he needed the estate to pay for all of the deceased uncle's farm equipment debt, or to return the equipment to the company. Mary explained that the equipment had been sold to pay for taxes, but assures the wholesaler over the telephone that she will personally be liable on the $100,000 if the estate cannot afford to pay for her uncle's debt to the farm equipment wholesaler. A month passes, and the wholesaler sues Mary personally for the $100,000. What is the probable outcome of the lawsuit?
A. Mary loses because an executor's oral promise to pay a debt for the decedent's estate is binding without a writing
B. Mary will win because even though the oral promise is binding, the equipment was sold
C. Mary will win because under the statute of frauds, Mary's promise to pay the wholesaler had to be in writing to be enforceable
D. None of the above
12.What was the defendant's argument in SmithStearnYachts, Inc., v. Gyrographic Communications, Inc.?
A. Gyrographic argues that Leathern Stearn told colleagues that he found a better company and would not pay Gyrographic, so Gyrographic treated the hearsay as an anticipatory repudiation.
B. SmithStearnYachts, Inc. was not a properly formed corporation because it failed to file articles of incorporation with the state.
C. the contract in issue was made with SmithStearn Yachts, LLC, and this company never existed, therefore SmithStearnYachts, Inc. had no contractual relationship with Gyrographic.
D. the contract in issue was made with Leathern Stearn, Inc., and Leathern Stearn, Inc. never filed its articles of incorporation with the state.
13. In Kelo v. City of New London (2005) the Supreme Court cited the 4th Amendment to analyze eminent domain.
A. True
B. False
14. The property discovered and in issue in Grande v. Jennings was a glass jar containing paper-wrapped expensive and rare jewelry dating back to the 1600's.
A. True
B. False
15. In the sale of a home, which of the following would most likely not be treated as a fixture? A.A couch in fabric complimenting the drapes and wallpaper in the living room. B. Hardwood flooring. C.A ceiling fan. D.bathroom sink.
16. In Lindh v. Surman, the court ruled in favor of Janis because the donor made it impossible for her to perform the condition necessary to keep the ring.
A. True
B. False
17.The cost of an item is the mostsignificant factor in determining whether an item of personal property has legally become a fixture.
A. True
B. False
18. A delegator can be discharged from performing a duty by a/an
A. assignment
B. unilateral contract
C. delegation
D. novation
19. Anthony and Sallie are unrelated and bought Blueacre as tenants in common with equal shares of ownership. One year later, Anthony died, leaving a will in which he left his interest in Blueacre to his son, Aaron. Under these circumstances: A.Aaron has a greater right to Blueacre now than Sallie as his interest is by inheritance. B.Sallie and Aaron own the property as tenancy for a term. C. Arron owns half of the property as a tenancy at sufferance.
D. Sallie and Aaron own the property as tenants in common.
20. When a tenant remains in possession of the property after the expiration of a lease, a
tenancy in the entirety automatically occurs.
A. True
B. False
21. In Brooks v. Lewin Realty III, Inc., the Md Ct App held that for the plaintiffs to win the case, they had to prove that the landlord was in fact aware of the actual dangerous condition of the lead paint existing in the rental home.
A. True
B. False
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