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asap After passing his CPA exam, Mohammad is hired by Big Three Accounting, Inc. Part of his contract includes a covenant not to compete. If,
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After passing his CPA exam, Mohammad is hired by Big Three Accounting, Inc. Part of his contract includes a covenant not to compete. If, after working for three years, Mohammad retires from Big Three Accounting and subsequently violates the covenant not to compete, what equitable remedy is available to Big Three Accounting, Inc.? a. Rescission O b. Specific Performance O c. Reformation O d. Injunction The state in which Sue resides requires that her dispute with Tipton be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator. O a. Yes, if the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator and the decision is non-binding, a court will hear the case. on O b. No. The purpose of Alternative Dispute Resolution is to reduce the number of cases heard by a judge. It wouldn't make sense to send the case back to the judge after the mediator or arbitrator resolved the issue. Ronald Metzgar placed his fifteen-month-old son, Matthew, awake and healthy, in his playpen, Ronald left the room for five minutes and on his return found Matthew lifeless. A toy block had lodged in the boy's throat, causing him to choke to death. Ronald called 911, but efforts to revive Matthew were to no avail. There was no warning of a choking hazard on the box containing the block Matthew's parents hired an attorney and sued Playskool, Inc, the manufacturer of the block alleging that the manufacturer had been negligent in failing to warn of the block's hazard. Playskool filed a motion for summary judgment. The law on this issue is that a manufacture has no obligation to warn customers of obvious dangers. Playskool argued that the danger of a young child's choking on a small block was obvious and therefore they had no duty to warn and they should win as a matter of law. Is Playskool correct? Is the danger obvious or should that be a question of fact to be decided by a jury? O a. Playskool is correct. The dangers were obvious, something that every parent knows, and therefore they had no duty to warn. O b. Uncertain. A judge might rule either way. Regardless, the losing party will appeal and the court of appeals will then decide whether the judge made an error of law. O c. No. It is a question of fact as to whether the block was small enough for a child to choke on, and it is the fact-finder's job to make that decision. 4 Jillian purchases a genuine Monet painting from Christie's Auction House for $350,000,000. When she receives the painting, it turns out to be a painting by John Smith. If Jillian sues, what equitable remedy is available to Jillian? ut of question O a. Specific Performance O b. Reformation O c Injunction O d. RescissionStep by Step Solution
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