Q1: Question:

Kayla usually takes her vehicle car to be serviced by Safe Car Motors Ltd. and is aware that they always get her to sign a form which states that they are not to be held responsible for any damage caused to her vehicle consequent upon the service. However, on January 1st 2021, Safe Car Motors Ltd is celebrating its ten year anniversary and Janelle, the Company secretary forgets to provide Kayla with the usual form due to all the activities taking place in the front office. As Kayla drives her car into the Safe Car Motors Ltd. garage, she notices a sign which states in large red letters: "THESE PREMISES ARE DANGEROUS. Clients enter these premises at their own risk and Safe Car Motors Ltd. accepts no responsibility for any damage or injury sustained." After Kayla's car has been serviced, she was driving home when it broke down. The damage to the car was later diagnosed as being caused by the fact that Safe Car Motors Ltd.'s mechanic had failed to replace the timing belt in the engine as required in the service.On returning to Safe Car Motors Ltd., the manager drew Kayla's attention to the terms of dealing stated on a large notice prominently displayed in the foyer of the reception area, stating: "Safe Car Motors Ltd. can accept no responsibility for any damage caused as a consequence of repairs carried out on these premises." The Manager also drew Kayla's attention to the fact that the same condition was contained on the back of the receipt that Kayla had signed without reading. On leaving the Manager's office, Kayla was severely injured by one of the Safe Car Motors Ltd.'s employees, negligently reversing a car into her.

A).Give detailed legal advice to Kayla as to her rights and the company's liability.

B).Consider the rights and liabilities of Kayla and Michael in relation to this contract, if the following, alternative events occur when the mechanic is 50% through with the repairs to Kayla's vehicle:

(i) The motor vehicle is washed away by torrential floods during a hurricane and is totally destroyed;

(ii) Safe Car Ltd. is raided and closed down due to its illegal operations as a chop shop.

(iii) Due to the grand opening of a new mechanic shop, Automotive Heart Ltd. across the road with better employment conditions and higher rates of pay, all the mechanics quit Safe Car Ltd., leaving the car unfinished. Safe Car would now be required to pay any new employee twice as much to finish the vehicle.

Q2: You contract with Rapid Construction to build your house.Halfway through the project, Rapid stops construction, saying that they need to pay their workers higher wages, and asks for $50,000 to continue construction.Since you're anxious to get your house built, you agree.When the project is done, however, you change your mind and refuse to pay the extra $50,000.If the case were to go to court, the court would likely hold that

you're in breach of the later contract

the later agreement lacks consideration

the $50,000 was an illusory promise

the later contract lacks agreement

Q3: If one party to a contract materially breaches the contract, the nonbreaching party no longer has to perform their part of the contract.

True

False

Q4: Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies

the screen displays of the software.

any of the choices.

the parts of the software that can be read by humans.

the menus of the software.

Q5: At a faculty meeting, Professor Wu publically accuses Professor Park of sexually harassing a student.In the investigation that follows, Professor Park is cleared of all wrongdoing.To succeed in a defamation lawsuit against Professor Wu, Professor Park must prove

general damages

a qualified privilege

actual malice

special damage

Q6: Logan posts a sign next to his loaded truck that says he will pay $150 to anyone who unloads his truck.Storm sees the sign.Their contract is formed

when Storm receives the $150 after unloading the truck.

when Storm unloads the truck.

when Storm reads Logan's offer.

when Storm gets the agreement in writing.

Q7: Harpo's Roofing Service substantially performs its contract with Groucho's Senior Living Apartments, Inc.Groucho's is entitled to

reformation.

nothing more.

damages.

rescission.

Q8: McDonald's sued Quality Inns for an injunction against their planned use of the name McSleep, claiming the public would believe that the hotels were owned by McDonald's.According to McDonald's reasoning, use of the name would be

trademark infringement

trademark dilution

copyright infringement

trade dress infringement

Q9: Boris sky dives out of a plane and gets hung up in a tree upon landing.Natasha sees that he's in trouble and comes to his rescue. Once Boris is safely on the ground, he gratefully promises to give Natasha half of his life savings. When he changes his mind, Natasha will probably be unsuccessful in enforcing his promise because the contract involves

a material breach

past consideration

rescission

promissory estoppel

Q10: Run-off from animal waste at Jane's small dairy farm flows into a ditch that is shared by several larger farms in the area, which then drains into the river, which is the source for the area's drinking water.The EPA has declared the ditch a hazardous site and has paid staff to clean it up.Jane can be held liable for the entire cleanup cost.

False

True