BLAW 2

Creative Charlie had sketched plans for an invitation, but had not yet built a prototype. He wanted to make sure the invitation could actually be manufactured before going through the expense of applying for the patent. He contracted with a local machine shop to work on the prototypes. As part of the agreement, the machine shop agreed not to disclose any information about the invention. Charlie learned from one of the employees that the owner of the machine shop had successfully built a prototype without telling Charlie and that the owner was going to begin marketing the invention in a joint venture with another firm. Could Charlie get an injunction in this situation?
Yes, because this is an anticipatory breach and injunctions can be issued in connections with any anticipatory breach
Yes, assuming that Charlie would likely suffer irreparable harm if others learn of his invention and it becomes public before he can obtain a patent.
No, this is a situation where the only allowable damages would be liquidated damages
No, Charlie could be adequately compensated with compensatory damages.
1) A realtor ordered some inventory by phone from a manufacturer. The order was for 1,00 machines from the manufacturers inventory at $300 each. The manufacturer sent the retailer a fax moments later detailing the order. The retailer looked at the fax and was satisfied that it stated the terms of the contract, but never responded n any way. When the goods were delivered on time a month later, the retailer refused to accept them, asserting that the contract was unenforceable. Which is true?
The contract is enforceable because under the written confirmation rule.
The contract is unenforceable because the retailer has not signed a writing
The contract is enforceable because it would be unconscionable to not enforce it.
No writing is needed because of one of the exceptions to the Statute of Frauds.
Because the fax was not responded to, this was an accommodation shipment.
Ralph purchases a car from a minor and subsequently sells it to Jack, another adult who had no reason to know of the previous transaction and who paid full value for the car. Which of the following best describes this situation?
Ralph had voidable title and Jack gets good title.
Ralph had voidable title and Jack gets voidable title.
Ralph had good title and Jack gets voidable title.
Ralph had good title and Jack gets good title.
Josh had a computer that needed repair. He took the computer to a used computer dealer that also repaired computers. While talking with the owner, Josh learned that the owner also knew how to repair bicycles. Josh happened to need some repairs done on his bike, so he left it at the computer shop too. A week later, Josh went to pick up his bike and computer. When he got to the store, the owner said he had bad news. He had hired a new employee. The new employee had major difficulties and sold a number of items that were in for repair. He sold both Josh’s computer and his bike. The store owner knows who purchased them from the credit card records. In this situation, Josh can recover
His computer, but not his bike.
His bike, but not his computer
His bike and his computer
Neither his bike nor his computer
Jerry Lee was a professional singer. He entered into a contract to sing at a concert sponsored by ABC Co. He also entered into a contract to sell his house to Mary. Before either contract could be performed, Jerry dies. Both ABC and Mary sue for breach of contract What results?
Jerry’s estate wins; both contracts are unenforceable because of jerry’s death.
Mary wins, but ABC loses; Jerry’s death has made ABC’s contract, but not Mary’s impossible to perform.
Both ABC and Mary win; both contracts are fully enforceable.
ABC wins, but Mary loses; Jerry’s death has made Mary’s contract, but not ABC’s impossible to perform.
Sarah agrees to paint John’s house for $5,000. After Sarah finishes the job, John complains that it was not done correctly. After much discussion, they agree that the contract will be satisfied if John gives Sarah $4,000 and a certain diamond necklace. Which of the following statements is true concerning the situation?
This is a novation; only the last promise can be enforced.
This is an accord and satisfaction; if John fails to perform, Sarah can sue only for the $5,000 originally promised.
This is a novation; if John fails to perform, Sarah can sue to enforce either promise.
This is an accord and satisfaction; if John fails to perform, Sarah can sue only for the $5,000 originally promised
This is an accord and satisfaction; if John fails to perform, Sarah can sue to enforce either the original $5,000 or the $4,000 and the necklace
George, an employee, breaches a fixed-term employment contract by quitting before the end of the term. What can his employer, MNO Inc, recover as damages?
The costs of hiring a replacement employee plus any increase in salary paid to the replacement employee
Nothing, because courts do not order anyone to perform a job against his or her will.
Only amounts paid to the employee for which the employee has not yet done the work.
All amounts already paid to the employee under the contract.
When an employer breaches an employment contract, what obligation does the employee have in seeking substitute employment?
The employee is obligated to accept any employment for which the employee is qualified
The employee must accept any employment available with a different employer, but is not required to accept any substitute employment with the same employer.
Because it was the employer who breached, the employee has no obligation to seek the substitute employment.
The employee is obligated to accept substitute employment only if it is comparable employment.
The employee must accept any employment available with the same employer, but is not required to accept any substitute employment with a different employer.
Mary, age 16, buys a car from friendly auto dealers. She pays $1500 for the car. It turns out that the car is really worth $2,500. Friendly wants to disaffirm the contract and get the car back. Which of the following best describes the situation?
Because Mary is a minor, this contract is voidable and Friendly can get the car back by paying Mary $1,500.
Because Mary is a minor, this contract is voidable, but only at the option of Mary, not at the option of Friendly
Because Mary has driven the car, the contract cannot be disaffirmed.
Because Mary is a minor, this contract is void and Friendly can get back the car by paying Mary $1,500
This is a valid, enforceable contract because a car is a necessity.
At age 16, Phil bought a car from Acme Auto Co. for $2,500. Phil drove the car for about six months, and then he had an accident. The damage to the auto was $1500. In addition, the value of the auto before the accident was only $2000. The accident was not Phil’s fault. Phil wishes to disaffirm the contract. Which of the following best describes this situation?
Phil can disaffirm from the contract, but he can recover only $2000 of his money.
Phil can disaffirm the contract, but he must first have the car repaired.
Because the car was damaged, Phil cannot disaffirm the contract.
Phil can disaffirm the contract and recover the entire $2500
Phil can disaffirm the contract, but he can only recover $500 of his money
Sally and Jeff are both minors. Sally buys Jeff’s motorcycle for $1000, its resalable value. Jeff spends $700 of his money. Later, Sally wrecks the motorcycle and it is a total loss. Sally wants her money back. Which of the following best describes this situation?
If Sally voids the contract, Jeff must return her the entire $1000.
The court will determine the relative sophistication of Jeff and Sally , and the one with the lesser sophistication will be allowed to void the contract.
Because Sally and Jeff are both minors, the contract is valid and fully enforceable.
If Sally voids the contract, she must give Jeff back the wrecked motorcycle and $1000.
If Sally voids the contract, she must give Jeff only the wrecked motorcycle
Arthur had been adjudicated insane. During his period of insanity, Arthur sold some unimproved real estate to Katrina for $5000, it’s fair value. Katrina did not know that Arthur was insane. In fact, he acted perfectly normal in every way. Arthur spends $5000. Arthur’s guardian learns of this transaction and sues to void the contract and recover the land. What results?
The guardian can get the land back, but Arthur must pay Katrina the $5000.
The guardian can get the land back, but since Arthur has spent the $5000. Arthur does not need to give anything back to Katrina.
Because Arthur was acting normally, and because Katrina did not know of his insanity, the contract is valid
Because Arthur received the fair value for his land, the contract cannot be voided
John offered to sell Jane his 1959 Thunderbird automobile. Before Jane could accept the offer, lightning struck the car, and it was totally destroyed. Which of the following is true?
Jane can still accept the offer and john must find a 1959 thunderbird to sell
Jane can still accept the offer; she will be entitled to the insurance proceeds
John can still revoke his offer, if he does so before Jane accepts.
The offer is terminated by operation law
Erin receives an offer in the mail from Susan on July 14 that say, “I will sell you my vacation home for $80,000. You may accept this offer by signing the bottom of this letter and placing it in the mail so that it is postmarked by July 31st.” Which is true?
If Erin accepts the offer on July 20 by meeting the terms of the offer, she can change her mind up until July 31 so long as Susan is notified by that date.
Assuming Erin has not paid Susan for an option contract, Susan may revoke the offer at any time so long as she does so before Erin accepts.
If Erin counteroffers with a price of $75,000, and Susan rejects, Erin can create a contract by accepting the original offer by July 31.
Susan will be liable for breach of contract if she sells that home to anyone else prior to July 31st
Sam receives an offer that states: “I will sell you my car for $8,500, you have 10 days to accept.” On day 4, Sam tells the seller that he will give him $8,000, but the seller rejects this. Which of the following is true?
There is no open offer
If the seller does not want to sell his car to Sam for $8,500, he must revoke his offer.
Sam’s only alternative is to pay the asking price for the car.
If the seller changes his mind within 6 days, he can make Sam buy the car for $8,000.
If Sam tells the seller within 6 days that he’ll pay the $8,500 a contract is formed
Marilyn decides to sell the diamond broach she inherited from her grandmother at an auction “with reserve”. Can she withdraw the broach from sale?
She can withdraw the broach only before the auction begins
She can withdraw the broach any time before it is delivered to the buyers
She can withdraw the broach only if the bids are extremely low
She cannot withdraw the broach once the auction has been advertised
She can withdraw the broach any time before the auction announces its been sold.
Mr. Smith awakens one morning to the sound of construction in his back yard. When he looks out the window, he sees Ajax Construction Co. Apparently erecting a garage on his property. He had not spoken or contracted with Ajax for this service. However, Mr. Smith really wanted a new garage, so he let them continue. Later, it was discovered that the garage was intended to go next door. Ajax sues Mr. Smith for the value of the garage. What is the probable result?
Smith wins; unjust enrichment does not apply here because Mr. Smith had no duty to tell Ajax that it had the wrong house
Ajax wins; this is a case of a contact implied-in-fact, and Mr. Smith implicitly agreed to pay fr the garage
Ajax wins; although there is no real contract, this is a case of unjust enrichment, and because Mr. Smith accepted the garage, he must pay for it.
Smith wins; there was no contract upon which Ajax could recover, and people are not liable for benefits that are thrust upon them.
David decides to sell his coin collection at an auction that is advertised as being “without reserve.” Can David change his mind and withdraw the collection from the auction?
He can withdraw the collection only before the auction begins
He can withdraw the collection at anytime before the items in the collection are delivered to the buyers
He can withdraw the collection at anytime before the auctioneer announces that it has been sold
He can withdraw the collection only if the bids are extremely low
He cannot withdraw the collection one the auction has been advertised.
Frank says to Mary: If you wash every window in my house today, I will pay you $200. By 2pm, Mary washes 12 windows out of the 20 windows
Mary is obligated to finish washing windows
There is no contract
Mary has formed a contract by beginning to wash the windows
Frank can revoke is offer.
Jana and Annie enter into a written agreement whereby Jana promises to sell and Annie promises to buy a certain parcel of land for $5000. The contract is legal and is performed on January 1st. Which of the following describes the contract as of January 2nd?
Unilateral. Express, executory, valid
Unilateral, Express, executed, valid
Bilateral, Express, Executed, Valid
Unilateral, Implied, Executed, Valid
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