27. Afreen works for her uncle's car wash. Abbas, Afreen's cousin, does not know and has no reason to know that Afreen is prohibited from driving cars at their uncle's car wash. In fact, their uncle has complained many times to Afreen about crashing several of his customer's cars, and tells only Afreen that she is prohibited from driving any customer car, but may perform oil changes, as well as vacuum and dry customer's cars. Abbas brings his car to the car wash as a customer and hands Afreen the keys to his 2016 BMW. Afreen drives the car 12 feet to the first station and rams it accidently into a pole. Abbas sues his uncle's car wash claiming that his uncle is the principal and therefore liable for the negligence of his agent, Afreen. How will the lawsuit likely be resolved? Pick the best answer.

A. Abbas wins because Afreen had express authority to drive customer cars.

B. Abbas wins because Afreen had apparent authority to drive the car that day.

C. Abbas loses in court because he is related to the owner of the business.

D. None of the above.

28. ______________ occurs when the promisor indicates before the time for his performance that he is unwilling or unable to carry out the contract. Hence, the promise under this doctrine may sue the promisor prior to the date that performance is due.

A. Quasi-contract

B. Promissory estoppel

C. Anticipatory breach

D. Substantial performance

29._____ arises when the principal's manifestations cause a third party to form a reasonable belief that the agent is authorized to act in a certain way.

A. Contractual authority

B. Incidental authority

C. Apparent authority

D. Actual authority

30. The cy pres doctrine was not generally applied in the Citizens National Bank of Paris v. Kids Hope United, Inc. case where Kids Hope United, Inc. was found not to be suited to carry out the original charitable purpose as intended by the settlor, therefore the trust proceeds reverted to the state.

A. True

B. False

31 An assignor who assigns the same right to different people will be held liable to the assignee who acquires no rights against the obligor, but which assignee is entitled to the obligor's performance?

A. Under the American Rule, the assignee who first gives notice of the assignment to the obligor, without knowledge of the other assignee's claim has a better right.

B. Under the English Rule, the assignee who first gives notice of the assignment to the obligor, without knowledge of the other assignee's claim, has the better right.

C. Under the English Rule, the first assignee will always have the better right.

D. None of the above

32. In Kelo v. City of New London, the U.S. Supreme Court applied the 8^th Amendment in the analysis because the taking was cruel and unusual.

A. True

B. False