Question
Kindly answer all of the following questions please!!! Question 6: Which statement best describes a 'meeting of minds'? (2 marks) A. Where the parties agree
Kindly answer all of the following questions please!!!
Question 6: Which statement best describes a 'meeting of minds'? (2 marks)
A. Where the parties agree on most of the essential terms of a contract.
B. Where there has been a valid acceptance of an offer; i.e. an agreement.
C. This is generally a stage in the negotiations, where the parties agree on the conclusions that should be reached.
D. This is stage before the contract is put formally in writing and signed by the parties.
Question 7: In Beswick v. Beswick (1967) the court held that since Mrs Beswick was not part of the contract made between her late husband and nephew, she had no rights under that contract. If the case was decided today, which statute would likely reverse the outcome of Beswick's case? (2 marks)
A. The Women's Charter.
B. The Agreement of Third Parties Act.
C. The Contracts (Rights of Third Parties) Act.
D. The Unfair Contracts Terms Act.
Question 8: Once a contract is reduced in writing, evidence cannot be introduced to contradict, vary, add to or subtract from the written agreement. What is this known as? (2 marks)
A. The Golden Rule, as suggested in the interpretation of contracts.
B. The Rule in Pinnel's Case, as interpreted in Beswick v. Beswick (1967).
C. The Parol Evidence Rule, as codified in the Evidence Act.
D. The Rule of Law.
Question 9: In Olley v Marlborough Court Ltd (1949), what led the court to decide that the exclusion clause found in the hotel room was not binding on the couple who checked into the hotel? (2 marks)
A. The court held that the exclusion clause was not binding on the couple because it was introduced after the contract had been made at the reception; the couple only became aware of the term when they went up to their room.
B. The court held that the exclusion clause was not binding on the couple because it was considered to be a ludicrous term.
C. The court held that the exclusion clause was not binding on the couple because it would be against public policy that a hotel could escape liability for a breach of contract on its part.
D. The court was of the opinion that the hotel, having insurance, would be in a position to reimburse the couple for the valuables lost. 5
Question 10: In the absence of any employer's legitimate interest to protect, which vitiating factor would render a contractual term restraining an employee from working for a competitor after he/she leaves his current employment unenforceable? (2 marks)
A. Public policy.
B. Illegality.
C. Misrepresentation.
D. Unconscionability
[4/2, 09:19] +254 721 751190: Winter Inc, purchased 80% of the stock of Spring on January 1, 2020, for $1, 200,000. Winter did not pay a control premium.
At the date of acquisition Spring reported the following balance sheet amounts
Assets
Liabilities & Equity
Cash$360,000
Accounts Payable$800,000
Receivables
240,000
Total liabilities
800,000
Land
180,000
Common Stock
300,000
Buildings (net)
920,000
Retained earnings
600,000
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Total Equity
900,000
Total Assets$850,000
Total Liabilities & Stockholders' Equity$900,000
Spring 's land had a fair value of $4800,000 on January 1,2020. All of the other identifiable assets and liabilities of Spring had fair values equal to their book values.
Winter Inc, had the following select balances on its separate balance sheet at date of acquisition
Land: $424,000
Goodwill: none
Common stock: $1,280,000
1. What will Winter record as Investment in Spring on its separate financial statements prepared immediately after the acquisition?
Find the amount in the balance sheet accounts in the CONSOLIDATED financial statements that are prepared on the date of acquisition.
2. Land account?
3. Goodwill account?
4. Common stock account?
5. Investment in Spring account?
6. Noncontrolling interest account
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