Sofia was finally able to take ownership of the vineyard and she began repairing some of the vines that were worth saving, and planting new vines where she could. She quickly realized that she needed to hire a large crew to work the vineyard, including tending to the existing vines and planting and maintaining the new ones. She began discussing with a labor broker named Donnie Downlow the possibility of hiring a large migrant workforce that would come to the Finger Lakes twice per year, once to trim and ties the vines in the winter, and again in the summer and fall to harvest the grapes. After several rounds of negotiations, she settled on a verbal agreement with Donnie. He agreed to provide her with at least 40 workers, twice per year, for 3 months at a time. Sofia would pay him a commission of $25 per worker, per month that they worked, and Sofia further agreed to not require the broker to use E-Verify or any other means to check their immigration status. Sofia also agreed not to disclose to any governmental authority, including ICE (Immigration and Customs Enforcement), that she had been provided the workers through Donnie. After agreeing to terms with Donnie, 40 vineyard workers showed up at her farm the next week and started working the vines. After working for two months, Sofia's farm was raided by ICE, who determined that 34 of the 40 workers were not eligible to work in the United States. Sofia was fined $2,000 for each ineligible worker. To make matters worse, Donnie demanded his commission for the 40 workers who had worked for two months prior to the raid. When Sofia refused to pay him, he sued her in court for breach of contract. With Donnie's lawsuit pending and Sofia's cash flow impacted by the ICE fines, she decided that she needed to recruit permanent employees to work on her vineyard. She reached out to the local Mennonite community near Seneca Lake to find available labor, and was pleasantly surprised to find that she was able to hire enough Mennonite teenagers to work her vineyard. Having been burned on her last attempt to staff the farm, she insisted that they all sign the following agreement: I agree that, in exchange for my job working on Sofia's farm, I release her for any injuries that I may suffer while working, whether caused by my own negligence or that of any other employee or person at the farm. I understand that farming is a dangerous activity and I assume all risks associated with the activity. I also agree that any dispute arising out of my employment with Sofia will be resolved in final and binding arbitration in front of an arbitrator selected by Sofia or her attorney, and that I will accept the decision of that arbitrator regardless of the result. All of the Mennonite employees hired by Sofia freely signed the agreement, though many of them signed with an "X" because they were not able to read or write in English. One day while Sofia was driving her tractor from her barn to one of the vineyards, she was distracted by a text on her phone and took her eyes off the road in front of her. When she heard a cry, she realized that she had run over one of her employees named Leonard. Sofia called an ambulance, but by the time it arrived Leonard had died from his injuries. His family sued Sofia for wrongful death in court. Sofia asked the court to send the case to arbitration pursuant to the arbitration agreement. Alternatively, she invoked the release Leonard had signed absolving her of any liability for any injuries he suffered on the farm.
E} Question 36 2.5 pts Did the agreement between Donnie and Soa have consideration? 0 Yes, because the Soa promised to pay Donnie a commission for each employee that he recruited and who worked for a period of time on Soa's farm. 0 Yes, because the workers that Donnie recruited were very skilled. O No, because Donnie knew he was recruiting illegal aliens. O No, because Donnie did not give a benet to Soa nor did he suffer a detriment. I: Question 37 2.5 pts What's Sofia's best argument against the enforcement of the contract with Donnie? Q It was an illegal contract because it is illegal to hire workers who are ineligible to work in the United States, and therefore against public policy to enforce a contract that calls for a commission to be paid on the supplying of illegal employees. O Donnie had a reputation of Violating immigration law. 0 The agreement was not in writing. 0 The employees did not nish their rst three months before the ICE raid. D Question 38 2.5 pts How is the court likely to rule on Soa's request to send the claims by Leonard's estate to arbitration? O The court will deny the request because the arbitration agreement is both procedurally and substantively unconscionable. O The court will grant the request because the arbitration agreement is procedurally unconscionable, but not substantively unconscionable. O The court will deny the request because Leonard's lack of formal education left him without the legal capacity to consent to a contract. 0 The court will grant the request because arbitration of wrongful death cases is fair. D Question 39 2.5 pts If the court denies the request to send the case to arbitration, what is the most accurate statement of how the court will rule on Soa's defense based on Leonard's release of any liability for injuries? O The court will invalidate the agreement as a pre-injury release which is void against public policy, particularly when it purports to release a party in advance for their own negligence. O The court will invalidate the agreement because Leonard lacked bargaining power. O The court will dismiss the wrongful death claim because Leonard assumed the risks inherent in farming, including being run over by a tractor. O The court will dismiss the wrongful death claim because Leonard knowingly signed the release in exchange for a job, and the contract is enforceable. D Question 40 2.5 pts Which of the following statements best described the denition of unconscionability in contract law? 0 Unconscionability means the absence of reasonable choice on the part of one party, together with contract terms that are unreasonably favorable to the other party. 0 Unconscionability results when one party lacks sophistication to understand all of the nuances of the terms of the agreement. 0 Unconscionability refers to contracts where the consideration given is not objectively equal to the consideration received. 0 A contract is unconscionable if one of the parties interprets it as fundamentally unfair

Question

Sofia was finally able to take ownership of the vineyard and she began repairing some of the vines that were worth saving, and planting new vines where she could. She quickly realized that she needed to hire a large crew to work the vineyard, including tending to the existing vines and planting and maintaining the new ones. She began discussing with a labor broker named Donnie Downlow the possibility of hiring a large migrant workforce that would come to the Finger Lakes twice per year, once to trim and ties the vines in the winter, and again in the summer and fall to harvest the grapes. After several rounds of negotiations, she settled on a verbal agreement with Donnie. He agreed to provide her with at least 40 workers, twice per year, for 3 months at a time. Sofia would pay him a commission of $25 per worker, per month that they worked, and Sofia further agreed to not require the broker to use E-Verify or any other means to check their immigration status. Sofia also agreed not to disclose to any governmental authority, including ICE (Immigration and Customs Enforcement), that she had been provided the workers through Donnie. After agreeing to terms with Donnie, 40 vineyard workers showed up at her farm the next week and started working the vines. After working for two months, Sofia's farm was raided by ICE, who determined that 34 of the 40 workers were not eligible to work in the United States. Sofia was fined $2,000 for each ineligible worker. To make matters worse, Donnie demanded his commission for the 40 workers who had worked for two months prior to the raid. When Sofia refused to pay him, he sued her in court for breach of contract. With Donnie's lawsuit pending and Sofia's cash flow impacted by the ICE fines, she decided that she needed to recruit permanent employees to work on her vineyard. She reached out to the local Mennonite community near Seneca Lake to find available labor, and was pleasantly surprised to find that she was able to hire enough Mennonite teenagers to work her vineyard. Having been burned on her last attempt to staff the farm, she insisted that they all sign the following agreement: I agree that, in exchange for my job working on Sofia's farm, I release her for any injuries that I may suffer while working, whether caused by my own negligence or that of any other employee or person at the farm. I understand that farming is a dangerous activity and I assume all risks associated with the activity. I also agree that any dispute arising out of my employment with Sofia will be resolved in final and binding arbitration in front of an arbitrator selected by Sofia or her attorney, and that I will accept the decision of that arbitrator regardless of the result. All of the Mennonite employees hired by Sofia freely signed the agreement, though many of them signed with an "X" because they were not able to read or write in English. One day while Sofia was driving her tractor from her barn to one of the vineyards, she was distracted by a text on her phone and took her eyes off the road in front of her. When she heard a cry, she realized that she had run over one of her employees named Leonard. Sofia called an ambulance, but by the time it arrived Leonard had died from his injuries. His family sued Sofia for wrongful death in court. Sofia asked the court to send the case to arbitration pursuant to the arbitration agreement. Alternatively, she invoked the release Leonard had signed absolving her of any liability for any injuries he suffered on the farm.

E} Question 36 2.5 pts Did the agreement between Donnie and Soa have consideration? 0 Yes, because the Soa promised to pay Donnie a commission for each employee that he recruited and who worked for a period of time on Soa's farm. 0 Yes, because the workers that Donnie recruited were very skilled. O No, because Donnie knew he was recruiting illegal aliens. O No, because Donnie did not give a benet to Soa nor did he suffer a detriment. I: Question 37 2.5 pts What's Sofia's best argument against the enforcement of the contract with Donnie? Q It was an illegal contract because it is illegal to hire workers who are ineligible to work in the United States, and therefore against public policy to enforce a contract that calls for a commission to be paid on the supplying of illegal employees. O Donnie had a reputation of Violating immigration law. 0 The agreement was not in writing. 0 The employees did not nish their rst three months before the ICE raid. D Question 38 2.5 pts How is the court likely to rule on Soa's request to send the claims by Leonard's estate to arbitration? O The court will deny the request because the arbitration agreement is both procedurally and substantively unconscionable. O The court will grant the request because the arbitration agreement is procedurally unconscionable, but not substantively unconscionable. O The court will deny the request because Leonard's lack of formal education left him without the legal capacity to consent to a contract. 0 The court will grant the request because arbitration of wrongful death cases is fair. D Question 39 2.5 pts If the court denies the request to send the case to arbitration, what is the most accurate statement of how the court will rule on Soa's defense based on Leonard's release of any liability for injuries? O The court will invalidate the agreement as a pre-injury release which is void against public policy, particularly when it purports to release a party in advance for their own negligence. O The court will invalidate the agreement because Leonard lacked bargaining power. O The court will dismiss the wrongful death claim because Leonard assumed the risks inherent in farming, including being run over by a tractor. O The court will dismiss the wrongful death claim because Leonard knowingly signed the release in exchange for a job, and the contract is enforceable. D Question 40 2.5 pts Which of the following statements best described the denition of unconscionability in contract law? 0 Unconscionability means the absence of reasonable choice on the part of one party, together with contract terms that are unreasonably favorable to the other party. 0 Unconscionability results when one party lacks sophistication to understand all of the nuances of the terms of the agreement. 0 Unconscionability refers to contracts where the consideration given is not objectively equal to the consideration received. 0 A contract is unconscionable if one of the parties interprets it as fundamentally unfair