Multiple Choice Questions: A memo is shown below and all the questions pertain to the memo and each questions will have an answer from the Multiple choices provided as A-H

MEMORANDUM

From: Claude Silver, VP of Human Resources

To: You, Amazing Human Resources Specialist

Date: March 1, 20X8

_________________________________________________________________________________________________________

As you know, our company, Health Now, Inc., has been conducting an extensive search for a new chief executive office to lead our immediate care medical facilities. Last week, we reached a handshake deal with Annie Administrator.

I will be conducting final negotiations, I need your assistance in churning out the documents. Please review the deal terms and determine how would you translate each of them into contract concepts. Specifically, determine which of the following contract concepts best expresses each business term. Several of the business terms require more than the one contract concept. It will not help me to tell me that a business term belongs in the action sections or the endgame provisions. What I really need to know is which contract concept to use.

Contract Concept Multiple Choice Answers to be used for each of the below 13 question:

A) Representation and warranty

B) Covenant

C) Right

D) Condition to an obligation & the related obligation (on-going or walk away)

E) Condition to discretionary authority & related discretionary authority

F)Condition to a declaration & related declaration

G) Discretionary authority

H) Declaration

QUESTIONS:

1) Fact: Health Now agrees to hire Administrator, and the Administrator agrees to work for Health Now.

Choose one (1) answer

2)Fact: Administration will be engaged as Chief Executive Officer.

Choose two (2) answers.

3)Fact: The term of employment will be for 2 years, beginning on April 1, 20X8.

Choose one.

4)Fact: Administrator will be paid $35,000 per month, payable on the first business day of each month.

Choose two (2) answers.

5)Fact: Administrator shall perform all duties that are customary for an officer of a corporation holding the office of Chief Executive Officer.

Choose one (1) answer.

6)Fact: Health Now is incorporated in Michigan, and Annie Administrator lives in Detroit, Michigan.

Choose one (1) answer.

7)Fact: If Health Now terminates Administrator's employment "without cause," it must pay Administrator any salary currently payable, plus $100,000, plus reimbursement of any expenses incurred through the date of termination. Health Now must make such payment on the date of termination.

Choose one (1) answer.

8)Fact: Administrator agreed that she would devote her attention and energies on a full-time basis to the business of Health Now, except for her work at an animal shelter.

Choose one (1) answer.

9)Fact: During her negotiations with Health Now, Administrator insisted that Administrator can back out of the deal if Phil Philanthropic has not contributed $5 million to the Health Now capital fund-raising program by March 31, 20X8.

Choose one (1) answer.

10)Fact: During her negotiations with Health Now, Administrator insisted that Health Now employ Jeff Bezos as her Administrative Assistant no later than March 31, 20X8. Health Now agreed that Administrator would not only have the right to sue if Health Now failed to employ Bezos by March 31, 20X8, but also the right not to go forward with Health Now.

Choose one (1) answer.

11)Fact:

During her negotiations with Health Now, Administrator stated that she received her A.B. from Brown University in 20X1 and her M.D. from Harvard University in 20X5. She also advised Health Now taht she is enrolled in the MBA program at Fordham University and is specializing in Hospital Administration. Health Now is very "hung up" on credentials and is also concerned about what it calls "resume fraud." It therefore wants to be able to sue Administrator if she in fact does not have the credentials she claims. In addition, Health Now does not want to be obligated under the Employment Agreement if Administrator has not been awarded her MBA by the time her employment under the Employment Agreement is to begin.

Choose two (2) answers.

12)Fact: Health Now negotiated for the right to terminate Administrator's employment for "cause," in which event Health Now would pay Administrator her salary through the date of termination, plus reimbursement of any expenses incurred through the date of termination. Health Now must make such payment on the date of the termination.

Choose four (4) possible options.

13)Fact:

Administrator is currently executive vice president at Happy Hospitals Corp. and is party to an Employment Agreement with Happy that is dated April 1, 20X6, and purportedly ends March 31, 20X8. Our company, Health Now, Inc., is very concerned about that agreement. According to Administrator, its terms do not permit her to show it to anyone other than her advisors. Health Now does not want to tortiuously interfere with that agreement. Administrator insists that she is free to enter into the employment agreement with Health Now and that doing so will not breach her employment agreement with Happy. Please see if you put in one provision that will give Health Now comfort on this point. Specifically:

(a) Health Now wants to show that it entered into its employment agreement with Administrator in the good faith belief that it was not causing her to breach her agreement with Happy. (As you may recall from a law school course, a party can defend against a clam of tortious interference by demonstrating that it had not intent to interfere with the other contract. ffOther than Health Now self-servingly stating it entered into the contract with Administrator in te good faith belief that it was not causing her to breach her contract, what could demonstrate our client's good faith?)

(b) Health Now wants to be able to sue Administrator if the employment agreement with Health Now in fact causes a breach under her employment agreement with Happy.

Choose one answer.