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CD V Screen Shot 20... Choose sidebar display Question 38 (I point) When money is loaned at a greater rate of interest than is allowed by law, is committed. C) a) credit malfeasance C) b) extortion C) c) petty theft C) d) usury Question 39 (3 points) I talked about the breach of contract case between Anthony Levandowski and Google. Mr. Levandowski worked for Google and Uber as a star engineer and was close friends with Larry Page, founder and former CEO of Google. He also formed his own self-driving truck startup. Choose all that are true regarding this case. o a) Google breached its agreement to indemnify (protect him and pay for costs) Mr. Levandowski against a lawsuit filed against him by Uber. C) b) Google was ordered to pay Mr. Levandowski $179 million for breach of contract. C) c) Mr. Levandowski was ordered to pay Google $179 million for breach of contract. C) d) Mr. Levandowski filed for bankruptcy protection. O e) Google sold off Waymo, its self-driving car division, as a result of this lawsuit in an effort to distance itself from legal liability for the breach with Mr. Levandowski. C) f) Mr. Levandowski violated his noncompete agreement with Google by poaching employees from Google. Question 40 (1 point) After a few weeks of negotiations, Company A and Company B sign a contract. The terms state Company A will ship 500 multi-function commercial grade printers to Company B by November 30, 2019 at the price of $200 each for a total contract price of $100,000. The terms also state if the printers arrive after November 30, 2019, Company B will pay 30% less than the contract price resulting in an amount due of $70,000. It is December 20 and Company B finally receives the shipment. They immediately send a wire payment in the amount of $70,000 to Company A. Company A sues for breach of contract and states the discount term is unconscionable. They still need to pay their costs and employees, and need the additional $30,000 from Company B as agreed. Is the contract term in question unconscionable? C) a) No, not unconscionable, the parties freely negotiated the terms. They may be unfair but not unconscionable. C) b) Yes, Company A will likely suffer irreparable harm if they are not paid in C) c) Yes, $30,000 is a lot of money and Company A was only 20 days late. d) NO, the terms are not unconscionable but the court Will still provide an equitable remedy to order Company B to fairly compensate Company A. CD V Screen Shot 20... Question 35 (1 point) Illegal agreements are: C) a) void. C) b) voidable by either party. C) c) voidable by one of the parties. C) d) enforceable if one party acted in good faith. QuesMon 36 (1 point) One element courts consider in the determination of procedural unconscionability is: C) a) whether there is an opportunity to make a contract for better terms with someone else. (D b) the course of the economy after the contract is made and its effect on the contract performance. C) c) the comparative bargaining power of the parties. C) d) whether a loss will be sustained by performance of the contract. Question 37 (I point) In an employment contract, noncompete provisions are generally: C) a) illegal, they are against public policy and only enforceable under limited circumstances C) b) valid, if the restriction is reasonably limited as to duration and place and necessary for the protection of a legitimate business interest C) c) valid only if the restriction protects the employee C) d) uniformly held to be in the public interest and therefore legal Which of the following is not a necessary element of promissory estoppel? C) a) The promisee must in fact rely on the promise made by the offeror in some definite and substantial manner. C) b) Enforcement of the promise is the only way to avoid injustice. C) c) The promisor and the promisee must engage in a bargained-for exchange and consideration must be present. O d) The promisor must intend or should reasonably expect that the promisee will rely on the promise. Question 32 (1 point) What damages are recoverable in a case of promissory estoppel? C) a) profits that the promisee expected (D b) direct damages and consequential damages C) c) an amount necessary to restore the promisee to the position he or she would have been in had the promisee not relied on the promise C) d) profits that the promisor expected Screen Shot 20... I talked about the breach of contract scenario between Edmundo, the soccer star, and the Jacksonville Fire (JF), a soccer team. The issue focused on Edmundo wanting to leave JF and accept an offer from Manchester United (MU) team and a provision allowing the JF team to terminate. What was the outcome? Choose the best answer. @ a) An injunction was granted preventing Edmundo from leaving JF. This termination provision is acceptable and legally valid. C) b) The termination provision was an illusory promise, Edmundo was free to leave JF because of lack of mutuality in the contract. (D c) The termination provision was valid, however the court ordered a reformation of the the provision to allow Edmundo to terminate under the same terms. C) d) The termination provision was an illusory promise, however Edmundo was obligated to fulfill the term of the contract with JF. uestion 34 (1 point) Jonah is launching a start-up company and is working on numerous issues to reach his goal of going live by the end of 2020. He is speaking with a few investors to obtain financing for his new company as per his business plan, and as soon as he is successful in securing funding he will activate the next steps. He has signed a contract with Angela, a software developer, who Jonah plans to hire to work on a key component of the service the company will offer for sale. The contract between Jonah and Angela specifies all of the terms of employment and states that the contract is contingent on Jonah obtaining funding of $2,000,000 for Phase 1, as per his business plan. Jonah obtains $190,000 from a family member. He does not move forward with Angela's contract. Angela sues for breach of contract. What is the outcome? (D a) Angela will lose, because the terms are indefinite and uncertain, so there is no legally binding agreement. C) b) Angela will win, Jonah obtained some funding and the court will rewrite the terms through a reformation remedy for a fair outcome. C) c) Angela will win, because this is an illusory promise and Jonah prevented her form obtaining other work. O d) Angela will lose, this is a conditional promise and because the condition wasn't fulfilled, Jonah is not liable for breach of contract. Previous page Next page page 4 Of 5