BUSINESS LAW

Martin enters into a verbal contract with Marlowe Ltd. to investigate their operations and their accounting systems, make recommendations as to how to improve them, and help implement the changes Marlowe Ltd. accepts. In the negotiations, Martin makes it clear that he cannot give Marlowe Ltd. a definite timetable and that it is clear that the whole process will take longer than a year. Part of their agreement is that either party may terminate the contract on 60 days' written notice to the other if the work is progressing unsatisfactorily. The agreement that the arrangement can be terminated is past performance. . an implied term of the contract. O a condition subsequent a collateral agreement a condition precedent Lex and Clark don't get along. They meet at the office of a local newspaper and tensions rise. When Lex says "I am going to hit you!" and immediately smacks Clark on the cheek, resulting in a cut, he has ... committed the torts of assault, battery and negligence. O committed the tort of battery O committed the tort of negligence. committed the tort of assault committed the torts of assault and battery Rose, a financial advisor, recommended that a client, Maureen, purchase shares in Mad Money Mutual Fund. Relying on Rose's recommendation the client purchased 100 units. The entire stock market collapsed and the value of Mad Money Mutual Fund was reduced significantly. Maureen was surprised to learn that Rose earned a commission on each unit sold to her clients. Is Rose liable to Maureen? No, Rose's advice did not cause the loss Yes, Rose breached her fiduciary duty by not disclosing that she received a commission on sale. No, mutual fund dealers are not liable to their clients for losses incurred No, Rose met the standards of care for a financial adviser. Yes, Rose failed to meet the stand of care for a financial adviser by recommending a mutual fund that failed