AaBbCcDdE AaBbCcDdE Aa BbCcDc AaBbCcDdEE Aa Normal No Spacing Heading 1 Heading 2 9. The issue in Sogeti, USA LLC v. Scarigno 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 1. 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. Evregraphic Communications, Inc.? A. Exregraphic argues that Leathern Steam told colleagues that he found a better company and would not pay Exregraphic, so Exregraphic treated the hearsay as an anticipatory repudiation. B. SmithSteam Xachts, 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 SmithSteam, Yachts, LLC, and this company never existed, therefore SmithSteam Yachts, Inc. had no contractual relationship with Exrographic. D. the contract in issue was made with Leathern Steam, Inc., and Leathern Steam, 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. 2 A. True B. False 14. The property discovered and in issue in Grande v. Jennings was a glass jar containing paper- d rare jewelry dating back to the 1600's