Please answer all the questions.

Explanation is not needed.

in the format of the same number as in the question.

X 46. Jacques is an amateur tightrope walker (or funambulist) and his agent has booked him a tightrope-walking gig across the Grand Canyon. Jacques does not feel that he can possibly perform this feat and is thinking of telling his agent to cancel it. But then, one night, while watching television, he sees an ad for Power Balance bracelets. The ad claims that the bracelets use holographic technology to resonate with and respond to the natural energy field of the body, increasing sporting ability, strength, a rength, agility, and balance. Jacques picks up the phone and orders twelve at a cost of $30 each. With the additional help the bracelets will provide, he feels confident in his ability and tells his agent the gig is a go! On the day of the big tightrope walk, Jacques is wearing all twelve of the Power Balance Bracelets but, despite his expectation that they will improve his skills to herculean levels, he almost immediately falls . He is saved by the safety harness, but there is no safety harness for his career or his pride. Jacques wants to sue the makers of Power Balance bracelets, but for what should he sue them? a. Unilateral Mistake b. Fraudulent Misrepresentation c. Strict Liability d. Breach of ContractX 38. Meatwad agrees to a contract with Carl. Carl is not aware that Meatwad is working on behalf of Master Shake (with whom Carl would not have agreed to this contract as he does not trust Master Shake). Meatwad does not inform Carl that he is acting as Master Shake's agent. In the event that there is a breach of contract, whom should Carl suc? a. Meatwad b. Master Shake c. Either Master Shake or Meatwad, as Carl likes d. No one, the contract is invalid 39. Kramer has made a small statuette of his friend Jerry out of fusilli pasta (because Jerry is silly!). When he gives it to Jerry, Jerry is somewhat bemused by the odd gift and places it on the coffee table for the time being. Later that day, Kramer is still at Jerry's house and Kramer's friend Frank is visiting as well. Frank and Kramer get into a physical altercation that results in Frank falling awkwardly backwards onto the coffee table and the 'Fusilli Jerry' (which, in turn, results in a trip to the proctologist for Frank). If Frank sues Jerry for negligence and for damages related to his doctor visit, what is the most likely result? a. Jerry will win because Frank's injuries are minor and consist more of embarrassment than of any real physical harms b . Frank will win because the actual AND proximate cause of his injuries was Jerry's placement of the Fusilli Jerry C. Jerry will win because he has not breached any duty under these facts d. Frank will win because, as Jerry's invited guest, Jerry had a special duty of care to Frank that was breached44. Obi-Wan lives on a slope that runs down to a road. He ran a sewer line underground from his home to the city sewer system that runs beneath the road. Years later, he subdivided his land, creating another lot between his home and the road. Obi-Wan built a house on the new lot - the one closer to the road - and connected it to the existing sewer line running under the ground to the road. Obi-Wan then sold the new lot, the one downslope from him, to Anakin (Obi-Wan always makes sure to have the high ground). Because Anakin's lot is the one adjacent to the road, Obi-Wan must travel over Anakin's property in order to reach his own, but because he and Anakin are good friends, he did not think it necessary to get a formal agreement allowing him to do so. One day, the sewer line used by both houses ruptures and floods Anakin's basement. This was the first time Anakin had understood that Obi-Wan's house up the hill was using the same sewer line as his home. Anakin is enraged and sues Obi-Wan for trespassing, with for the use of the sewer line and for Obi-Wan's repeated passage over his land to access his own home. What will be the most likely result of Anakin's lawsuit? a. Obi-Wan will win because even without a formal agreement with Anakin, he has an estoppel claim for reliance on Anakin's permission and would be damaged if his access to the sewer system and road were taken away b. Obi-Wan will win because he has an implied easement from prior use for the sewer line and an easement by necessity for the right to travel over Anakin's land C. Anakin will win because property rights must be recorded on the deed in order to be valid and enforceable d. Anakin will win because the necessary elements of a trespass claim are clearly met by both Obi-Wan traveling over his land and by the presence of Obi-Wan's sewer line under Anakin's property - both without his permission 45. Which of the following is the Sixth Amendment concerned with? a. Rights of the Accused in criminal trials b. Cruel and Unusual Punishment c. The Deprivation of Life, Liberty, or Property d. Unreasonable Search and Seizure 2430. tan is a servenwriver. One day he hears from a friend who works at Hollywood Productions, inc. that the company is looking for new ideas for television programs. Ian submits a six page treatment and outline for a high-concept science fiction show to Hollywood Productions' head of development. Two weeks later, lan makes a phone call to the head of development and speaks to her assistant. The assistant confirmed their receipt of lan's treatment and lan mentioned that he'd expect to be compensated should they decide to put his ideas into development, The assistant replied that "of course you'd be paid; we always pay our writers!" lan thanked the assistant and asked that they keep him posted as to their reaction to his treatment. The assistant assured lan they would be in ouch. Several months later, Ian discovers that Hollywood Productions is casting for a new television show. The characters and plot synopsis appear substantial identical to his treatment. He contacts the head of development again, but is unable to speak with her and receives no responses to his increasingly frustrated communications. He decides to sue under these thors? Hollywood Productions, inc. for breach of contract. What will be the most likely outcome a. The court will rule that there was a valid express contract between Ian and consideration. Hollywood Productions, inc. because there was an offer, an acceptance, and The court will rule that there was no consideration agreed to between the parties and that Ian's unsolicited submission of the treatment and outline constituted a gift rather than a binding contract. C. The court will rule that there was an implied contract between lan and Hollywood Productions, inc. based on the conduct they manifested to one another. d. The court will rule that there are too many terms and details absent from any supposed contract under these facts and therefore no contact exists to breach. 37. Utah is in the circuit a. 12 b. 9th C. 1 1 0 d. 10th 20tohalf of blatter Shake twit item Master Shake allby!) When he gives it to Jerry, ferry is somewhat bemused by the rald gift and places on the coffee table for the time twing Later that day, Kramer is still at berry's tunes and Kramer's Diend Prank is visiting as well Frank and Kramer get into a physical sherockin that results in Frank falling awkwardly backwards unto the coffee table and the Fustill Jerry' (which, in tom, results in a trip to the proctologist for Frank). If Frank ones Jerry for negligence and for damages related to his doctor visit, what is the most likely result Jerry will win because Frank's injuries are minor and consist more of embarrassment than of any real physical harris b. Frank will win because the setual AND proximate cause of his injunes was Jerry's placement of the Fusilli Jerry e. Jerry will win because he has not breached any duty under these facts d, Frank will win because, as Jerry's invited guest, Jerry had a special duty of cars Frank that was breached 21