Social Science

Law

Question 1 Cheech says to Chong, 'I will pay you $1000 to paint my house.' Chong says, 'I will paint your house for $2000.'This is: Group of answer...

Question

Question 1

Cheech says to Chong, "I will pay you $1000 to paint my house." Chong says, "I will paint your house for $2000."This is:

Group of answer choices

A contract to paint the house for $2000

A contract to paint the house for $1500

An offer and a counteroffer, but not a contract

Not a contract because there is no consideratio

Emmie Ployer sent a letter to Hunter Forwurk offering him employment.The offer was completeddefinite as to all material terms.The offer stated that Hunter must accept by notifying Emmie in person of his desire to have the job by Wednesday at noon.On Tuesday, Hunter turned down another job offer and sent a letter to Emmie accepting her offer of employment, reflecting the exact terms in Emmie's offer.Emmie did not receive Hunter's letter until Thursday morning's mail delivery.Which is a true statement about this situation?

Group of answer choices

Hunter can use promissory estoppel to enforce a contract here

The UCC version of the mailbox rule applies, and thus, the acceptance letter is valid upon dispatch

Hunter has accepted because a sending a letter was both a reasonable and an authorized means of communicating acceptance.

Hunter has not accepted Emmie's offer of employment, and there is no contract.

GM sends a purchase order to its supplier, Tonka, to buy 2 million tire parts. The purchase order says that payment will be made in 30 days. Tonka responds with a sales invoice that says payment instead is due in 15 days. Which is true:

Group of answer choices

The parties have a contract, and payment is due in 15 days unless GM complains about it

The parties have a contract, and payment will be due at whatever time is considered reasonable under UCC gap-filling rules, because the inconsistent payment terms will be "knocked out."

There is no enforceable contract between the parties

Pepsi, in its commercial concerning a fighter jet, was not liable when its customer submitted payment for the jet because:

Group of answer choices

The customer did not submit a sufficient acceptance

The commercial was not a binding offer

Pepsi was the master of its offer

Acceptance was not made in the form required by the offeror

Amanda Jones, the owner of a clothing store, ran an ad in the newspaper that said, "The first 3 customers who arrive at our store on Friday with this ad will receive a free $24 dollar gift card." Knowing about the Friday sale, Emma was the first customer at the store on Friday with the ad in her hand. She went up to the manager and said she wanted the gift card that she had won and handed her the ad. Is the clothing store contractually bound to give Emma the gift card?

Group of answer choices

No, because advertisements can never be contractually binding

Yes, because under the UCC, advertisements to customers are always considered to be binding offers

Yes, because this advertisement constitutes an offer and Emma accepted it.

No, because advertisements must be signed by the merchant in order to constitute an offer

You work as a Vice President for Acme Camping Corporation, which makes outdoor gear for campers and hikers, at its headquarters in Seattle, Washington and have decided to leave to take a different job with a different company. Imagine four different versions of a noncompete clause in your contract with Acme Camping; which version is most likely to be enforceable:

Group of answer choices

A clause that prohibits you from working for any company that makes camping equipment, anywhere in the Pacific Northwest and California, for 2 years.

A clause that prohibits you from working for any company at all, anywhere, for 2 years.

A clause that prohibits you from working for any company that competes with Acme, anywhere in the city of Seattle, for 1 year

A clause that prohibits you from working for any Acme Camping competitor in the world for 1 year

Pledges of monetary contributions to charitable organizations:

Group of answer choices

Are never enforceable because they lack consideration

Can be enforceable if the organization has acted in reliance on the pledge

Are enforceable against both minors and adults based on public policy considerations

Can be enforceable only if the organization has secured the pledge in writing

Ann M. Oliver's pet iguana, Fluffy, has wandered away from home.Ann cannot find Fluffy.Ann places an announcement in the classified section of her local newspaper.It includes a picture of Fluffy and the following statement:"Lost Iguana.If you find Fluffy, return her to me for $1000 reward."It goes on to give Ann's address and phone number.Bryan reads the classified and realizes that the "stray" iguana he has been feeding for a few days is Fluffy. Bryan returns Fluffy to Ann at her home address - exactly as directed in the classified - and demands the $1000.Which of the following is true?

Group of answer choices

Bryan is making an offer in response to Ann's advertisement, which is a solicitation for offers. Ann is free to accept or reject Bryan's offer.

Ann must pay Bryan the $1000, because he has performed her requested act, thus accepting her offer for a unilateral contract.

If Ann knew at the time that she placed the classified that she was not going to follow through on paying $1000, she does not have to pay, because her offer lacked the required present intent to contract.

Bryan's acceptance was not the mirror image of Ann's offer, so he cannot collect.

Which of the following situations is most likely to result in a successful claim for quasi-contract liability?(Assume that in each situation there is no contractual liability.)

Group of answer choices

Rob comes home to find that Tree Trimmers Unlimited has just finished trimming and shaping all of the trees in his yard instead of Rob's neighbor's yard, where they were hired to do so. Rob refuses to pay for the work.

Flanders's Leftorium, a store selling gadgets for left-handed people, hired a contractor to make several improvements in the space that the Flanders rents at the mall. Flanders is unable to pay for the improvements or the rent and the Leftorium goes out of business. The mall now rents the space for a greater amount of money as a result of the improvements, but refuses to pay the contractor for the improvements to which it was entitled under the lease agreement with Flanders.

Mindy allows Mick's Personal Car Detailing to wash and detail her car, knowing that Mick's is really supposed to be detailing her twin sister Mandy's car. When the workers from Mick's finishedask for payment, Mindy refuses to pay, saying it is their fault for working on the wrong car.

Neil promises to give John a job at his new restaurant, so John quits his old job and buys new clothes in preparation to begin work. When John shows up for his first day of work, Neil tells John he decided not to let John work at the restaurant after all.

Which of the following situations is most likely to result in a successful claim for promissory estoppel liability?(Assume that in each situation there is no contractual liability.)

Group of answer choices

Rob comes home to find that Tree Trimmers Unlimited has just finished trimming and shaping all of the trees in his yard instead of Rob's neighbor's yard, where they were hired to do so. Rob refuses to pay for the work.

Flanders's Leftorium, a store selling gadgets for left-handed people, hired a contractor to make several improvements in the space that the Flanders rents at the mall. Flanders is unable to pay for the improvements or the rent and the Leftorium goes out of business. The mall now rents the space for a greater amount of money as a result of the improvements, but refuses to pay the contractor for the improvements to which it was entitled under the lease agreement with Flanders.

Mindy allows Mick's Personal Car Detailing to wash and detail her car, knowing that Mick's is really supposed to be detailing her twin sister Mandy's car. When the workers from Mick's finishedask for payment, Mindy refuses to pay, saying it is their fault for working on the wrong car.

Neil promises to give John a job at his new restaurant, so John quits his old job and buys new clothes in preparation to begin work. When John shows up for his first day of work, Neil tells John he decided not to let John work at the restaurant after all.

Hiram works for Acme, Inc. as a laboratory scientist working on a new, very simple drug that could potentially cure ovarian cancer. The formula for the drug is top secret and only Hiram and one other person know it.It took 20 years to develop.

One day Hiram felt the need to get out of the office and do some work at a local public park. When it was time to pack up and go, Hiram left a piece of paper describing the simple formula for the new ovarian cancer drug. Lucy, whose mother has ovarian cancer, picks up the piece of paper after Hiram has left and is overcome with joy. She immediately rushes home to try the formula on her mother and she posts all of her findings and progress on a video blog. Can Lucy be liable for the disclosure of the trade secret?

Group of answer choices

Yes, because the formula was a trade secret

Yes, because Lucy posted the trade secret publicly

No, because Hiram did not take reasonable steps to protect the secret

For an employee to recover under a workers compensation system, what percentage of negligence must the employer be found guilty of?

Group of answer choices

Employer must be more than 30% negligent for the injury

Employer must be 51% negligent for the injury

Employer must be more than 75% negligent for the injury

There is no requirement for a finding of employer negligence

Use the fact pattern below to answer the following two questions:

Sarah, a lawyer, was hired to help Cookbook, Co. draft some employment contracts. Sarah provides her own tools, and her work with Cookbook, Co. terminates once she has drafted the employment contracts. She will be paid only when she finishes the contracts.

How would Sarah be classified?

Group of answer choices

Employee

Independent contractor

Which of the following is true?

Group of answer choices

If Sarah is injured while working at Cookbook Co. she will be entitled to Worker's Compensation benefits

If Cookbook Co. shuts down due to competition from online recipe sites before Sarah has finished her project, she will not receive unemployment benefits

If Sarah's project takes longer than six months, she will be eligible for the Cookbook Co. pension plan

All of these are true

An employer must accommodate an employee's disability under the ADA:

Group of answer choices

Unless it would cause the employer undue hardship, regardless of the employer's financial resources

Unless it would cause the employer undue hardship, taking into account the employer's financial resources

Even if it would cause the employer undue hardship

Which is likely to violate the Age Discrimination in Employment Act?

Group of answer choices

A company policy that gives more favorable health care benefits only to those employees who are older than 40

A company policy that provides financial benefits starting at the age of 65, in order to incentivize retirement

Both of the above

None of the above

Social Science

Law

Question 1 Cheech says to Chong, 'I will pay you $1000 to paint my house.' Chong says, 'I will paint your house for $2000.'This is: Group of answer...

Question

Question 1

Cheech says to Chong, "I will pay you $1000 to paint my house." Chong says, "I will paint your house for $2000."This is:

Group of answer choices

A contract to paint the house for $2000

A contract to paint the house for $1500

An offer and a counteroffer, but not a contract

Not a contract because there is no consideratio

Emmie Ployer sent a letter to Hunter Forwurk offering him employment.The offer was completeddefinite as to all material terms.The offer stated that Hunter must accept by notifying Emmie in person of his desire to have the job by Wednesday at noon.On Tuesday, Hunter turned down another job offer and sent a letter to Emmie accepting her offer of employment, reflecting the exact terms in Emmie's offer.Emmie did not receive Hunter's letter until Thursday morning's mail delivery.Which is a true statement about this situation?

Group of answer choices

Hunter can use promissory estoppel to enforce a contract here

The UCC version of the mailbox rule applies, and thus, the acceptance letter is valid upon dispatch

Hunter has accepted because a sending a letter was both a reasonable and an authorized means of communicating acceptance.

Hunter has not accepted Emmie's offer of employment, and there is no contract.

GM sends a purchase order to its supplier, Tonka, to buy 2 million tire parts. The purchase order says that payment will be made in 30 days. Tonka responds with a sales invoice that says payment instead is due in 15 days. Which is true:

Group of answer choices

The parties have a contract, and payment is due in 15 days unless GM complains about it

The parties have a contract, and payment will be due at whatever time is considered reasonable under UCC gap-filling rules, because the inconsistent payment terms will be "knocked out."

There is no enforceable contract between the parties

Pepsi, in its commercial concerning a fighter jet, was not liable when its customer submitted payment for the jet because:

Group of answer choices

The customer did not submit a sufficient acceptance

The commercial was not a binding offer

Pepsi was the master of its offer

Acceptance was not made in the form required by the offeror

Amanda Jones, the owner of a clothing store, ran an ad in the newspaper that said, "The first 3 customers who arrive at our store on Friday with this ad will receive a free $24 dollar gift card." Knowing about the Friday sale, Emma was the first customer at the store on Friday with the ad in her hand. She went up to the manager and said she wanted the gift card that she had won and handed her the ad. Is the clothing store contractually bound to give Emma the gift card?

Group of answer choices

No, because advertisements can never be contractually binding

Yes, because under the UCC, advertisements to customers are always considered to be binding offers

Yes, because this advertisement constitutes an offer and Emma accepted it.

No, because advertisements must be signed by the merchant in order to constitute an offer

You work as a Vice President for Acme Camping Corporation, which makes outdoor gear for campers and hikers, at its headquarters in Seattle, Washington and have decided to leave to take a different job with a different company. Imagine four different versions of a noncompete clause in your contract with Acme Camping; which version is most likely to be enforceable:

Group of answer choices

A clause that prohibits you from working for any company that makes camping equipment, anywhere in the Pacific Northwest and California, for 2 years.

A clause that prohibits you from working for any company at all, anywhere, for 2 years.

A clause that prohibits you from working for any company that competes with Acme, anywhere in the city of Seattle, for 1 year

A clause that prohibits you from working for any Acme Camping competitor in the world for 1 year

Pledges of monetary contributions to charitable organizations:

Group of answer choices

Are never enforceable because they lack consideration

Can be enforceable if the organization has acted in reliance on the pledge

Are enforceable against both minors and adults based on public policy considerations

Can be enforceable only if the organization has secured the pledge in writing

Ann M. Oliver's pet iguana, Fluffy, has wandered away from home.Ann cannot find Fluffy.Ann places an announcement in the classified section of her local newspaper.It includes a picture of Fluffy and the following statement:"Lost Iguana.If you find Fluffy, return her to me for $1000 reward."It goes on to give Ann's address and phone number.Bryan reads the classified and realizes that the "stray" iguana he has been feeding for a few days is Fluffy. Bryan returns Fluffy to Ann at her home address - exactly as directed in the classified - and demands the $1000.Which of the following is true?

Group of answer choices

Bryan is making an offer in response to Ann's advertisement, which is a solicitation for offers. Ann is free to accept or reject Bryan's offer.

Ann must pay Bryan the $1000, because he has performed her requested act, thus accepting her offer for a unilateral contract.

If Ann knew at the time that she placed the classified that she was not going to follow through on paying $1000, she does not have to pay, because her offer lacked the required present intent to contract.

Bryan's acceptance was not the mirror image of Ann's offer, so he cannot collect.

Which of the following situations is most likely to result in a successful claim for quasi-contract liability?(Assume that in each situation there is no contractual liability.)

Group of answer choices

Rob comes home to find that Tree Trimmers Unlimited has just finished trimming and shaping all of the trees in his yard instead of Rob's neighbor's yard, where they were hired to do so. Rob refuses to pay for the work.

Flanders's Leftorium, a store selling gadgets for left-handed people, hired a contractor to make several improvements in the space that the Flanders rents at the mall. Flanders is unable to pay for the improvements or the rent and the Leftorium goes out of business. The mall now rents the space for a greater amount of money as a result of the improvements, but refuses to pay the contractor for the improvements to which it was entitled under the lease agreement with Flanders.

Mindy allows Mick's Personal Car Detailing to wash and detail her car, knowing that Mick's is really supposed to be detailing her twin sister Mandy's car. When the workers from Mick's finishedask for payment, Mindy refuses to pay, saying it is their fault for working on the wrong car.

Neil promises to give John a job at his new restaurant, so John quits his old job and buys new clothes in preparation to begin work. When John shows up for his first day of work, Neil tells John he decided not to let John work at the restaurant after all.

Which of the following situations is most likely to result in a successful claim for promissory estoppel liability?(Assume that in each situation there is no contractual liability.)

Group of answer choices

Rob comes home to find that Tree Trimmers Unlimited has just finished trimming and shaping all of the trees in his yard instead of Rob's neighbor's yard, where they were hired to do so. Rob refuses to pay for the work.

Flanders's Leftorium, a store selling gadgets for left-handed people, hired a contractor to make several improvements in the space that the Flanders rents at the mall. Flanders is unable to pay for the improvements or the rent and the Leftorium goes out of business. The mall now rents the space for a greater amount of money as a result of the improvements, but refuses to pay the contractor for the improvements to which it was entitled under the lease agreement with Flanders.

Mindy allows Mick's Personal Car Detailing to wash and detail her car, knowing that Mick's is really supposed to be detailing her twin sister Mandy's car. When the workers from Mick's finishedask for payment, Mindy refuses to pay, saying it is their fault for working on the wrong car.

Neil promises to give John a job at his new restaurant, so John quits his old job and buys new clothes in preparation to begin work. When John shows up for his first day of work, Neil tells John he decided not to let John work at the restaurant after all.

Hiram works for Acme, Inc. as a laboratory scientist working on a new, very simple drug that could potentially cure ovarian cancer. The formula for the drug is top secret and only Hiram and one other person know it.It took 20 years to develop.

One day Hiram felt the need to get out of the office and do some work at a local public park. When it was time to pack up and go, Hiram left a piece of paper describing the simple formula for the new ovarian cancer drug. Lucy, whose mother has ovarian cancer, picks up the piece of paper after Hiram has left and is overcome with joy. She immediately rushes home to try the formula on her mother and she posts all of her findings and progress on a video blog. Can Lucy be liable for the disclosure of the trade secret?

Group of answer choices

Yes, because the formula was a trade secret

Yes, because Lucy posted the trade secret publicly

No, because Hiram did not take reasonable steps to protect the secret

For an employee to recover under a workers compensation system, what percentage of negligence must the employer be found guilty of?

Group of answer choices

Employer must be more than 30% negligent for the injury

Employer must be 51% negligent for the injury

Employer must be more than 75% negligent for the injury

There is no requirement for a finding of employer negligence

Use the fact pattern below to answer the following two questions:

Sarah, a lawyer, was hired to help Cookbook, Co. draft some employment contracts. Sarah provides her own tools, and her work with Cookbook, Co. terminates once she has drafted the employment contracts. She will be paid only when she finishes the contracts.

How would Sarah be classified?

Group of answer choices

Employee

Independent contractor

Which of the following is true?

Group of answer choices

If Sarah is injured while working at Cookbook Co. she will be entitled to Worker's Compensation benefits

If Cookbook Co. shuts down due to competition from online recipe sites before Sarah has finished her project, she will not receive unemployment benefits

If Sarah's project takes longer than six months, she will be eligible for the Cookbook Co. pension plan

All of these are true

An employer must accommodate an employee's disability under the ADA:

Group of answer choices

Unless it would cause the employer undue hardship, regardless of the employer's financial resources

Unless it would cause the employer undue hardship, taking into account the employer's financial resources

Even if it would cause the employer undue hardship

Which is likely to violate the Age Discrimination in Employment Act?

Group of answer choices

A company policy that gives more favorable health care benefits only to those employees who are older than 40

A company policy that provides financial benefits starting at the age of 65, in order to incentivize retirement

Both of the above

None of the above