8. On August 6, 2017 National Football League professional football player T.O. Owens signed a contract to play for the Seattle Seahawks. Right before the first game of the season, T.O. goes to the owner and says that he will not play unless the owner produces a new hip-hop CD that T.O. wants to record titled First Misunderstood in San Francisco, Then Philly, Then Dallas, Then Buffalo, Then Cincinnati, Then Allen (Texas), Now Seattle and Soon-to-Be Unemployed and Owing Back Child Support. The owner, being desperate, agrees. When the season ended, T.O. demanded that the owner produce the CD, but the owner refuses. T.O sues. Most likely:

a. T.O wins; this is a valid modification of an earlier contract.

b. Owner wins; contracts can never be modified.

c. T.O. wins; this is a modification under the U.C.C. which needs no new consideration to be

enforceable.

d. T.O. wins; this is a case of a modification due to unforeseen circumstances, and the modification is

enforceable.

e. Owner wins; T.O. was under a prior duty to play football, so T.O.s new promise is not supported

by consideration.

10. Dean Yim-Yu Wong of S.F.S.U.s School of Business hires the worlds most famous International Dance Troupe The End of the Alphabet Dancers, (BUS 320 Survivors Di Wang, Fiona Xie, David Yee, and Di Zhang) choreographed by illustrious B-Law Survivor Jackie Stanky Leg Chang, to teach her Business Law faculty the latest Global hip-hop dances. The End of the Alphabet Dancers quoted Dean Wong a price of $6,000 per faculty member for the dance instruction. After 20 minutes of lessons, the troupe discovered that the faculty has absolutely no rhythm and incredibly, they each have two left feet! To teach this overwhelmingly old and rhythmatically challenged group would take substantially more time and cost more money. The troupe say they will continue, but only if Dean Wong pays them $2,000 for each extra left foot. Dean Wong agrees. If Dean Wongs promise to pay an increased amount is enforceable it is because:

a. This is a valid settlement of a liquidated debt.

b. This is a preexisting duty.

c. This is a Uniform Commercial Code modification.

d. This is an unforeseen circumstance.

e. This is a novation.

11. BUS 320 Survivor Hector The Joker Franco offers to sell his prized purple and primer grey 1983 primer grey Dodge Comet automobile with 275,778 miles on the odometer to Cen Cheng. Hector says to Cen, Ill sell you my car for $47.83. Its actually worth a little more than that because Ive changed the oil every 200,000 miles and it has 3 gallons of gas in the tank. Cen says, Ill take it, and they sign a short agreement to that effect. Cen didnt know this, but Hector, still the joker, was kidding when he made the offer. There will be a contract if:

a. $47.83 is the approximate fair value of the car.

b. If a reasonable person (your Dumb Cousin) would have concluded that Hector was serious when

making the offer.

c. Hector failed to disaffirm the contract within a reasonable time after the offer was accepted.

d. The written agreement spells out all provisions of the contract.

e. B and C

21. BUS 320 Survivor Ms. Elaine Taylor owned a farm. Disgusted with all the foul by-products of farming, Elaine and U.C. Santa Clara graduate, Frank Lee Gullible, negotiated for the sale of Elaines 100-acre Sutter County, California farm. On July 3, 2020, the day after excelling on her second BUS 320 midterm, Elaine orally agreed with Mr. Gullible on a price of $100,000, one-half in cash payable at closing and the remainder 90 days later. Two days later on July 4th, Elaine sells the farm to someone twice as oblivious as Mr. Gullible, my really Dumb Cousin, for $200,000. On July 8th, Mr. Gullible sends Elaine a letter in which all the terms are included and is signed by Mr. Gullible. Elaine never responds. When the closing date arrives, Elaine tells Mr. Gullible that she sold the property to my Dumb Cousin. Frank Lee Gullible sues. A court would likely find that:

a. This contract is enforceable because Frank Lee Gullible had partly performed the contract by

sending the letter to the Seller, Elaine.

b. Elaine is a real slick operator and Mr. Gullible should have taken BUS 320 at SFSU because this

contract is unenforceable, there is no writing signed by Elaine and my really Dumb Cousin now owns a farm.

c. This contract is unenforceable because the mirror image rule applies.

d. The contract is enforceable under the res ipsa loquitor doctrine.

23. SFSU BUS 320 Survivor William Eckstein (Captain USA, Finance Corps) once was an avid Santa Clara 49ers fan and remains a season ticket holder. He was complaining to his best B-Law friend, fellow B-Law Survivor Mr. Morgan Clarke, CPA, that the 49ers arent the same football team since they left San Francisco. Feeling sorry for William, Mr. Clarke offered to buy Williams 2020 49ers game tickets for $1,750. William agreed. Since neither of them had any paper with them, Mr. Clarke wrote the following on a napkin: Mr. Clarke agrees to purchase from William Eckstein, his San Francisco 49ers 2020 season tickets to be delivered on August 15, 2020, at a cost of $1,750 payable on delivery. William signed the napkin, Mr. Clarke did not. William delivered the tickets per the contract, but Mr. Clarke, regaining his senses (what was he thinking, buying Santa Clara 49ers tickets??), refused to pay for them. Assuming that 49ers season tickets are considered goods, if William sues Mr. Clarke for the price of the tickets, the most likely result is:

a. Mr. Clarke will win because he did not sign the contract.

b. Mr. Clarke will win because the writing is sufficient under the Statute of Frauds.

c. Mr. Clarke will lose under the doctrine of promissory estoppel.

d. Mr. Clarke will lose because the written document lacks the requisite formality to satisfy the Statute of

Frauds.

24. The Wu, Wu, Wu, Wus B-Law Survivors Bing Wu, Nick Wu, Darren Wu, and Shuzhen Wu, (no known relation) are sitting at SFSUs Cafe Rossos food court when they find concert tickets resting on a table. The tickets are to the opening night of Britney Spearss, Lindsey Lohans and Nicole Richies OUT OF REHAB, AGAIN, AND READY TO P-A-R-T-Y!!! concert. The tickets contain no name or other indication as to whose they are. Bing and Shuzhen are excited because Britney, Lindsey and Nicole are their favorite celebrities and they really want to go to the concert. And Darren is really excited because who knows, maybe his idol, Paris Hilton will be there!! Which of the following could be crucial as to whether the Wus or the restaurant would get the tickets?

a. Whether the tickets are lost or mislaid property.

b. Whether they are real or personal property.

c. Whether the tickets have already been paid for or not.

d. Whether the tickets are a treasure trove.

e. Whether they are tangible or intangible property.

25. After working for IBM for 30 years, Kathleen Sullivan is retiring. Upon hearing the news of her retirement, the President of IBM announces that she will pay Sullivan $100,000 for her 30 years of dedication and exceptional services to IBM. But upon retiring, Sullivan isnt paid the bonus. Sullivan decides to sue IBM for breach of contract. Which of the following is true of this case?

a. It is unenforceable because the IBMs detriment and Sullivans benefit constitutes past consideration

b. It is an enforceable contract because IBMs president obligated the company to pay the bonus.

c. It is enforceable because IBMs President was authorized to make such a promise.

d. It is unenforceable because it constitutes unlawful consideration.

26. Three years ago B-Law Survivor Ms. Brianna Hoppa Fetterley needed transportation to the library because her car was in need of repairs. Brianna borrowed a bicycle from BUS 320 Survivor and Downhill Bike Racer, Henry Scholz at no charge. Brianna promised to return the bicycle on Wednesday, May 14th, the same day that she had an important B-Law examination. While Brianna was riding the bike, the front tire came off, and Brianna crashed and her favorite textbook, yep, Cheeseman, was destroyed. Henry did not know of the defect, but a reasonable inspection would have indicated that the front wheel was bent (maybe by a collision with an elderly pedestrian!) and that a repair was needed. Proving that no good deed goes unpunished, Brianna sued Henry to replace her beloved Cheeseman. In this situation:

a. Henry was not liable because he did not know of the defect.

b. Henry was liable because he was an insurer of Briannas safety.

c. Henry was not liable because he did not charge Brianna for using the bicycle.

d. Henry was liable because he should have discovered the defect by inspection.

e. A and C are correct.

27. Toughones, a car parts manufacturer, entered into a contract to license computer software from Vizera Inc. for $250,000. This software is to be used to keep track of inventory, accounts receivable, and other financial data. After the software was installed, the computer system worked but it had a few glitches. Toughones refused to pay the full amount in the contract. To settle the dispute, the parties agree that $180,000 is to be paid as full and final payment for the software. Toughones paid the $180,000 as agreed. What kind of agreement did Toughones and Vizera reach in the end?

a. Mirror image acceptance.

b. Preexisting duty.

c. Counteroffer.

d. Accord and satisfaction.

29. When Stella Finman learned that she was terminally ill, she drafted a will leaving all her property to her son. During her period of illness, Stellas attorney, Shyster Hurtz, tended to all her financial affairs and provided her emotional support while her son was away on frequent extended vacations. When the will was read upon Stellas death, it said that her lawyer would get a 40 percent stake in Finman Corp., a company Stella owned. Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness and persuaded her to change the contractual terms. This is an instance of ________.

a. Negligent misrepresentation.

b. Undue influence.

c. Duress.

d. Negligent infliction of emotional distress.