Written Assignment #2 (210 points) - Contract Clause Analysis This 3-page written assignment consists of ten (10) questions spread out amongst five Scenarios (A-E). Each question within a scenario is worth 21 points. The concepts you need to identify or analyze are all contained in your textbook. Write your responses into this document and then upload your submission. Multiple submissions are not permitted.

Scenario A (1 question - 21 points in total) (Hint: review your Intro to Contracts & Offer chapters and its related Electronic Handout Pack material). A local McDonald's advertises the following promotion: For the next 5 days, only, "Buy 1 Big Mac at the regular price and get a 2nd one for $1." What is the name of the kind of contract that gets created by the correct form of acceptance? Your Answer: "A fill in the blank here contract." (21 pts).

Scenario B (2 questions - 42 points in total) (Hint: review your Consideration chapter and its related Electronic Handout Pack material). Builder agrees to construct a 3-bedroom house by June 30 in accordance with detailed architectural plans submitted by Homeowner. Their signed contract specifies that the price includes the labor and all materials. 4 months into the project, Builder emails that he is no longer satisfied with his profit margin and demands more money. Homeowner's reply suggests that if the Builder wants more money, he can do something extra like putting an upgraded walk-in shower in the master bath. Builder's response: "you're not getting anything more than what's in the contract." Builder knows that the buyers of Homeowner's current home have insisted that Homeowner and his many belongings must be out by June 30 and that Homeowner's daughter's wedding reception is scheduled to take place at the new house on July 2. Contracts with the caterers & musicians have been signed & invitations have already been sent out. Builder threatens to walk off the job unless Homeowner agrees to the extra money Builder wants. Homeowner searches for an alternative but builders in the area are all committed until September. Homeowner caves into the additional money demand and signs a contract modification that is attached to the original contract. The house is completed by Builder by the 30th and Homeowner's final payment is due. Homeowner simply pays what he originally agreed to pay and gets sued by Builder for breach of the modified contract. Using the facts already set forth without adding anything extra, fill in the blanks of the Answer stated below as it pertains to the best affirmative defense on behalf of Homeowner as to the modification's structural defect: 1. "It fails It fails for lack of (fill in this blank)." (21 pts) 2. "The reason it fails for lack of XX is the (fill in this blank) Rule." (21 pts)

Scenario C (3 questions - 63 points in total) (Hint: review your Reality of Consent chapter and its related Electronic Handout Pack material on the six categories of concepts that make a contract or its modification, voidable. Choose the ONE concept best supported by the facts.). This Scenario is based on the facts presented in Scenario B. Assume for the purpose of this part of the question only, that a court declares the modification is structurally valid. Based on the facts stated in the prior Scenario (nothing more and nothing less), identify the single strongest affirmative defense concept Homeowner can assert in arguing that their modification is voidable: 1. Your answer: Homeowner should raise (fill in this blank) as this affirmative defense. (21 pts) 2. These are the elements that must be proved: (fill in this blank). (21 pts) 3. These are the facts that support it: (fill in this blank). (21 pts)

Scenario D (2 questions - 42 points in total) (Hint: review your Illegality chapter and its related Electronic Handout Pack material before filling in the blanks below). As a condition of employment, all Ski Area employees, from waitresses to ski lift operators and retail shop employees agree in writing that they will never work for a rival company after their employment with this Ski Area terminates, and that this contract clause is binding on employees for the rest of their lives. 1. This kind of clause is called an fill in the blank. (21 pts) 2. The legal principle that will determine whether or not this clause will be enforceable against an employee who then works for a competitor after quitting or getting fired by Ski Area is fill in the blank. (21 pts)

Scenario E (2 questions - 42 points in total) (Hint: review your Writings chapter and its related Electronic Handout Pack material before filling in the blanks below). Hot Young Thing signs a contract to star in a movie. When Hot Young Thing finds out that Movie Studio is flying her to the movie location on an Economy Class ticket, she calls you, her Agent/Attorney in tears. She says that when she was wooed for the part, she was promised first class flights. You check the contract, which states that the class of airline seat is to be determined solely by Movie Studio at the time of booking. You also notice the following clause before the signature line: "This Agreement contains the entire understanding between the parties, and supersedes all prior negotiations, understandings, and agreements (whether written or oral) of the parties hereto, relating to the subject matter herein." 1. This kind of contract clause is called a fill in the blank. (21 pts) 2. What is the proper legal advice you should give her? (Circle OR BOLD either "a" or "b") (21 pts) a. Her agreement with the studio is a partially integrated contract and therefore you will be able to get evidence of the conversation into any lawsuit in which this is an issue. b. Her agreement with the studio is a fully integrated written contract and absent any evidence of fraud, misrepresentation or mistake, you will be unable to get the conversation in.

***MAKE SURE YOU HAVE ANSWERED ALL 10 QUESTIONS IN THIS WRITTEN ASSIGNMENT ***