Question
Q1) Wilma had worked for Acme Inc for more than ten years. Unfortunately, she fell out of favour with the company after she began to
Q1) Wilma had worked for Acme Inc for more than ten years. Unfortunately, she fell out of favour with the company after she began to complain, on behalf or herself and her co-workers, about working conditions. Eventually, the relationship became intolerable and Wilma reluctantly agreed to leave. Acme provided a severance package, but only after Wilma contractually promised that she would not sue the company in connection with her dismissal. Wilma now believes that her employment was improperly terminated. She cannot sue the company, however, unless she can escape from the severance contract Which of the following statements is most likely to be TRUE?
A Because of the relationship that always exists between an employer and an employee, a court will assume that Wilma was subject to undue influence unless Acme can prove otherwise.
B The facts reveal a clear case of an unconscionable transaction.
C he concept of duress of goods has been extended to situations in which a person has been improperly fired and therefore cannot afford to buy the necessities of life.
D If Wilma sues for economic duress, she is more likely to win if she signed the severance contract without receiving independent legal advice.
E To succeed in a claim for economic duress, Wilma would have to prove that Acme Inc was motivated primarily by the desire to enjoy a financial advantage as a result of terminating Wilma's employment.
Q2) Consider different types of damages in answering the question.
Awards which are not compensation of the plaintiff but rather punishment of the defendant for a breach of contract which is deceitful, malicious, or offensive to ordinary standards of morality are known as which kind of damages?
A consequential damages
B liquidated damages
C special damages
D punitive damages
E general damages
Q3) Brian takes great pride in being obnoxious. One of his favourite ploys is to talk loudly on his cellphone during movies. Unfortunately for him, few people see the humour in his behaviour.and some
become positively hostile.Brian learned that lesson several months ago during a late night show at the Bijou Theatre.After he rudely refused to quiet down. Brian was asked by Myriam.the
theatre's night manager,to leave the premises. Brian loudly refused that request as well. Myriam then announced that she was going to the lobby to call the police to escort Brian off the premises.
The moment she left the room,however,another customer named Ivan jumped Brian from behind, knocked him senseless with a single, vicious blow to the backof his head, and dragged his limp
body out the exit and into the alley behind the theatre.Which of the following statements is most likely TRUE?
A If Ivan's actions constitute a crime, then he will be held liable to Brian for compensatory damages only if there is proof beyond a reasonable doubt that Ivan also committed a tort.
B As long as Ivan and Brian both contribute to a workers' compensation scheme, Brian will be entitled to compensation from that scheme.
C Given the violent nature of Ivan's attack on Brian, a court almost certainly would apply a strict liability tort.
D Ivan may be liable to Brian for punitive damages even if he is not convicted of any crime.
E Because Ivan,by removing Brian from the premises, was performing the type of act that is normally performed by an employee, the theatre may be vicariously liable for any torts that Ivan may have committed.
Q4) Which of the following contracts will not be enforced even if the purchaser is a minor?
A retainer for legal services
B a beneficial employment contract
C purchase of groceries
D payment for a medical prescription
E a video game sale
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