53. Joanine, a profeecir existing contract. She sigties a new league being forttied. two-year stirit with the TERPe contract based on her er also for a preliminar from playing with the Weird Si Joanne's performance in the text to another team, that Jontine not to become injured prior to the start da steved by bier being signint tit Weird Stereotypes, she and the tea her contract with ife next two years with the TERFs and day at "full steam" five the to encourage or require Joanne to do other tent should be contrwell of testimony that Joanne would be too focused on he ented deposition would almost certainly affect her current and rem it and earnings and that it ining performance for the TERFs. Several other witnesses testified that she was getting along well with her current team and that she always gave 100 percent. What is the likely decision of the trial court upon consideration of the foregoing evidence and governing legal principles? a. The court will almost certainly find that Joanne's contract with the Weird Stereotypes constitutes an anticipatory breach of her existing agreement with the London TERFs and therefore this breach warrants damages and injunction relief be provided to the TERFs. b. The court will almost certainly find that Joanne's agreement with the Weird Stereotypes constitutes an anticipatory breach but no injunction or damages are likely to be awarded at this time because the London TERFs have no evidence to support a finding of damages to them as of yet. The court will almost certainly find that no anticipatory breach has occurred based C. upon these facts since the Weird Stereotypes have not taken affirmative steps to induce Joanne to breach her existing agreement with the London TERFS. The court will almost certainly find that the contract between Joanne and the d. Weird Stereotypes is an invalid agreement because the future performance contemplated therein cannot be considered valid consideration for a contract. 54. Equal Protection of the Laws is a concept found in which part of the United States Constitution? The Fourteenth Amendment a. b. Article I, Section VIII c. The Fourth Amendment d. The First Amendment 2950. An estate that is from week to week or month to month would be: b . R. A Tenancy for Years A Tenancy at Sufferance C . d. A Holdover Tenancy A Periodic Tenancy 51. After an incident in which some local high school students died in a horrific car accident after a night of dancing and drinking, the town of Bomont passes an ordinance prohibiting anyone crossing state lines for purposes of dancing or patronizing business that provide dancing as an activity. Violators are issued fines of up to $1000 if caught dancing over state lines. A local high school student, Ren, decides to challenge the local ordinance and, rather than doing something implausible, like just jumping around in a warehouse until someone makes him go give a speech, Ren hires an attorney who files suit against the town of Bomont. What will be the most likely result? a. The ordinance will be held to be unconstitutional because it regulates activities that may be related to interstate commerce, but are not substantially related. b. The ordinance will be upheld as it regulates interstate commerce in exactly the manner that is allowed by the Constitution, no matter how backwards the law is. C. The ordinance will be upheld because the activity regulated, dancing, takes place in a definite intrastate location and is not interstate commerce in the manner contemplated by the law. d. The ordinance will be held to be unconstitutional because the regulation has a negative impact on interstate commerce and is an inappropriate use of state power. 52. Paddy's Pub has five owners/directors, Frank, Dennis, Dee, Mac, and Charlie. Technically, the bylaws of the company require that contracts be entered into by at least two of the owners in order to legally bind the company. Neither Dee nor Charlie have the authority under the bylaws of the company to enter into contracts on behalf of Paddy's Pub, even if they are joined in such agreements by Frank, Mac, or Dennis. In practice, Charlie (with the approval of Frank) enters into many contracts on behalf of the company. What type of agency has been created when a third party, acting in good faith, enters into a contract with Charlie, who states that he is acting on behalf of Paddy's Pub? a. Express Agency b. Agency by Estoppel c. Agency by Ratification d. No agency is created under such facts 2823, Geoff is looking to purchase a new car, He contacts several dealerships and uike about the availability and price of the model he wishes to purchase. Young Volkswagen of Layum represents on their website that they have two of the particular model Geoff wishes is purchase, so he contacts them by telephone to confirm. The sale representative at Your Volkswagen of Layton tells Geoff on the telephone that yes, the two vehicles are still available for purchase and confirms the price of the vehicles on the website is accurate Geoff arranges to travel to the dealership with the intent to purchase one of the two vehicles. When he arrives, another sales representative greets him at the entrance and takes Geoff to see one of the two cars, The sales representative invites Geoff to sit in the vehicle and explains all of the features to him. Geoff is invited to take the car for a test drive. Afterward, Geoff and the sales representative sit down to complete the sale, The sales representative presents Geoff with a contract to sign but the price for the vehicle is substantially higher than what was discussed on the telephone or listed on the website. When Geoff complains, the sales representative tells him that he can try to talk to his manager but only of Geoff agrees to the sale by executing the contract, Geoff agrees, but places an asterisk next to his signature stating in the margin that his acceptance is contingent upon the price being that previously represented to him. The sales representative goes to speak to his manager. When he returns, he informs Geoff there has been a mistake and, in fact, the vehicle is not for sale. Geoff asks about the other identical vehicle supposedly on the lot and is told that one is also not for sale. If Geoff sues Young Volkswagen of Layton for fraud and the matter is not settled but rather goes to trial, what is the probably result? a. Young Volkswagen will prevail because Geoff's signature did not constitute an effective acceptance of the contract b . Young Volkswagen will prevail because they did not act with intent to deceive or a reckless disregard for the truth or falsity of their representations C . Geoff will prevail because the doctrine of promissory estoppel will act to render the agreement enforceable against Young Volkswagen d. Geoff will prevail on a fraud claim as the necessary elements of such tort are established clearly by these facts 24. Which of the following factors is most important to the IRS in a determination as to whether someone is an employee or an independent contractor? a. Whether the pay is by the hour or for a set amount established by contract. . The degree of control exercised over the person in performance of their work. c. The type of work being performed and whether or not benefits are provided d. The amount the person is being paid and the degree of skill required to perform the work. 13