- Description
ETH 321T Week 4 Apply Assignment
- Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.
o Tanner: Delegator; Lil: Delagatee; Fin: Obligee
o Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary
o Tanner: Delagatee; Lil: Delegator; Fin: Obligee
o Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee
- What is the most likely status of the contract for the scenario?
Laura, a 17-year-old, signs a contract with her neighbor to buy a car through monthly payments. Laura loses her job the next week and can no longer make the payments. Laura’s contract with her neighbor is most likely:
o Voidable
o Enforceable
o Void
- Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.
o Substitution
o Novation
o Accord and satisfaction
o Force majeure renovation
- Match the status/existence of a contract with the scenario.
Jackie makes a post on Facebook saying she promises to pay $20 to whoever will come pull weeds in her garden. The next day, a stranger pulls Jackie’s weeds and demands $20. Which of the following is most likely true?
o Contract not created
o Insufficient information to determine
o Contract created
- Hannah has a contract dispute with Ralph over a sale of goods. Hannah wants to submit the contracts she has made with her other customers as evidence of her fair dealings. Which of the following is true?
o Hannah cannot use other contracts to explain the terms of her contract with Ralph.
o Hannah’s other contracts are valid evidence to help explain her contract with Ralph.
o Hannah can use her other contracts to explain her contract with Ralph if they have already been completed.
o Hannah cannot use other contracts to explain the terms of her contract with Ralph unless they show a consistent industry or trade practice that is also consistent with Ralph’s contract.
This is the only reason outside evidence would be allowed to explain Hannah’s terms with Ralph.
- Based on the details of the scenario, determine what will most likely occur.
Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court.
o Contract is valid
o Contract is voided, subject to investigation
o Contract will be modified
o Contract is voided
- For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
o Guilty – Fraud in the execution
o Not Guilty
o Guilty – Undue influence
o Guilty – Duress
- Read the scenario and determine what needs to take place based on the resolutions described in the text.
Penn contracts with Lisa to do a landscape architecture project on Lisa’s property. Before the contract starts, a local city ordinance is instituted which severely limits citizens’ ability to plant certain types and numbers of plants in order to conserve water. Penn and Lisa now need to institute a(n) __________.
o Force majeure renovation
o Substitution
o Novation
o Accord and satisfaction
- Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________ damages from the breaching party.
o Punitive
o Compensatory
o Consequential
o Nominal
- Which of the following would not qualify as valid consideration?
o Bill rents an apartment from his landlord.
o Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.
o Laura buys $100 worth of clothes from Martha on credit.
o Spencer and Linda sign a contract where Linda buys all her lumber from Spencer and Spencer sells as much lumber to Linda each week as he wants.
Linda’s consideration is her guarantee to buy only from Spencer. Spencer is not offering consideration since, under the terms of the agreement, he never has to sell if he doesn’t want to.
- For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.
o Guilty – Fraud in the execution
o Not Guilty
o Guilty – Undue influence
o Guilty – Duress
- For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window” in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window.
o Guilty – Duress
o Guilty – Fraud in the execution
o Not Guilty
o Guilty – Undue influence
- Based on the details of the scenario, determine what will most likely occur.
Lincoln has been taking advantage of Benson through an unfair contract for several years. Eventually, Benson seeks relief and legal freedom from his contract.
o Contract will be modified
o Contract is voided, subject to investigation
o Contract is voided
o Contract is valid
- Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
A party can receive __________ damages to restore itself to the position it would have been in if a breach had not occurred.
o Consequential
o Nominal
o Compensatory
o Punitive
- Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Orlando works for a manufacturing company in its research and development division. After years of research and testing, Orlando finally discovers the secret to a competitor’s efficient manufacturing process.
o Trade secret exists
o Answer dependent on additional details not provided
o Trade secret does not exist
o Trade secret is protected
o Trade secret may be used by others
- Based on the scenario, what is the classification of the tenancy?
Alec pays Travis to rent office space for one year, after which he will move out. Alec’s tenancy is best described as:
o Periodic tenancy
o Tenancy at sufferance
o Tenancy for years
o Tenancy at will
- Determine the type of property involved for each example.
Jarvis’ godmother leaves him a family ring in her will when she passes away. The ring is:
o Abandoned Property
o Gift or Inheritance
o Mislaid Property
- Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Jake’s company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a non-disclosure agreement not to expose the system.
o Trade secret is protected
o Trade secret may be used by others
o Answer dependent on additional details not provided
o Trade secret does not exist
o Trade secret exists
- Does the following pass the “test” of non-obviousness?
A pencil with a pen on the opposite side.
o Passes test
o Does not pass test
- Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Matt is a manager for a seafood restaurant with a famous koi dish recipe the restaurant considers to be a trade secret. When Matt quits the restaurant, he takes the recipe with him to use at the next restaurant that hires him.
o Trade secret exists
o Trade secret does not exist
o Trade secret may be used by others
o Answer dependent on additional details not provided
o Trade secret is protected
- Does the following pass the “test” of novelty?
A design for a chair that folds.
o Passes test
o Does not pass test
- Which of the following shows the correct answer for examples of arbitrary trademarks?
o Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Example
o Target, a retail store: Example; Band-aid, a bandage manufacture: Example
- Which of the following would most likely be considered fair use?
o Copying a poem by an amateur poet and publishing it as your own in a poetry contest.
o Copying the blueprints for a stylish building to be used for building your own replica.
o Showing a clip of a new movie to draw audiences to come watch the movie in theatres
o Making photocopies of an artist’s canvas and selling them
Showing a clip of a movie to bring people to the theatre would not erode the movie’s value or unfairly steal from the creators in the way selling, using, or publishing another’s work would.
- Which of the following shows the correct answer for examples of suggestive trademarks?
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Example
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Non-Example
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Non-Example
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Example
- Based on the scenario, what is the classification of the tenancy?
Darla moves into one of Bret’s spare rental units while Bret is away on vacation. Bret doesn’t even notice Darla’s presence until several months later. Darla’s tenancy is best classified as:
o Tenancy at will
o Periodic tenancy
o Tenancy for years
o Tenancy at sufferance
- Does the following pass the “test” of utility?
A theory for an anti-gravity machine.
o Passes test
o Does not pass test
- Determine the ownership status for the scenario below.
Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be:
o Fee simple absolute
o Indeterminable with the given information
o Fee simple determinable
o Fee simple subject to a condition subsequent
- Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Lenny, an Italian chef, has his son Giovanni plant a camera in the kitchen of competitor in order to learn the competitor’s secret recipe.
o Trade secret may be used by others
o Trade secret is protected
o Answer dependent on additional details not provided
o Trade secret exists
o Trade secret does not exist
- Based on the scenario, what is the classification of the tenancy?
Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as:
o Tenancy for years
o Tenancy at will
o Tenancy at sufferance
o Periodic tenancy
What is the most likely status of the contract for the scenario?
Laura, a 17-year-old, signs a contract with her neighbor to buy a car through monthly payments. Laura loses her job the next week and can no longer make the payments. Laura’s contract with her neighbor is most likely:
- Void
- Enforceable
- Voidable
Based on the details of the scenario, determine what will most likely occur.
Lincoln has been taking advantage of Benson through an unfair contract for several years. Eventually, Benson seeks relief and legal freedom from his contract.
- Contract will be modified
- Contract is voided, subject to investigation
- Contract is valid
- Contract is voided
Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.
- Tanner: Delegator; Lil: Delagatee; Fin: Obligee
- Tanner: Delagatee; Lil: Delegator; Fin: Obligee
- Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary
- Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
- Guilty – Duress
- Guilty – Fraud in the execution
- Not Guilty
- Guilty – Undue influence
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
__________ damages are those which cover future losses which are likely to result from one party’s insufficient performance.
- Nominal
- Compensatory
- Consequential
- Punitive
Does the following pass the “test” of novelty?
A design for a plate that turns into a bowl.
- Passes test
- Does not pass test
Determine the type of property involved for each example.
Kory’s notebook falls out of his backpack on the way to class. His property is picked up by Harry. Kory’s notebook is:
- Mislaid Property
- Gift or Inheritance
- Abandoned Property
Does the following pass the “test” of novelty?
A design for a chair that folds.
- Does not pass test
- Passes test
Determine the type of property involved for each example.
Jarvis’ godmother leaves him a family ring in her will when she passes away. The ring is:
- Abandoned Property
- Gift or Inheritance
- Mislaid Property
Based on the scenario, what is the classification of the tenancy?
Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as:
- Tenancy at sufferance
- Periodic tenancy
- Tenancy at will
- Tenancy for years
Based on the scenario, what is the classification of the tenancy?
Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as:
- Periodic tenancy
- Tenancy at sufferance
- Tenancy at will
- Tenancy for years
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.
- Substitution
- Force majeure renovation
- Accord and satisfaction
- Novation
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.
- Guilty – Fraud in the execution
- Guilty – Undue influence
- Not Guilty
- Guilty – Duress
What is the most likely status of the contract for the scenario?
Jena is contracting with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car, ruining it. The contract is most likely:
- Voidable
- Enforceable
- Void
Based on the details of the scenario, determine what will most likely occur.
Lincoln has been taking advantage of Benson through an unfair contract for several years. Eventually, Benson seeks relief and legal freedom from his contract.
- Contract is voided, subject to investigation
- Contract is voided
- Contract will be modified
- Contract is valid
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.
- Substitution
- Novation
- Force majeure renovation
- Accord and satisfaction
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
- Not Guilty
- Guilty – Fraud in the execution
- Guilty – Undue influence
- Guilty – Duress
Based on the scenario, what is the classification of the tenancy?
Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as:
- Tenancy at will
- Tenancy for years
- Periodic tenancy
- Tenancy at sufferance
Determine the type of property involved for each example.
Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is:
- Mislaid Property
- Gift or Inheritance
- Abandoned Property
Based on the scenario, what is the classification of the tenancy?
Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as:
- Tenancy at will
- Tenancy for years
- Tenancy at sufferance
- Periodic tenancy
- Does the following pass the “test” of novelty?
A design for a plate that turns into a bowl.
o Passes test
o Does not pass test
- Does the following pass the “test” of novelty?
A design for a chair that folds.
o Passes test
o Does not pass test
- Determine the ownership status for the scenario below.
Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been:
o Fee simple absolute
o Indeterminable with the given information
o Fee simple determinable
o Fee simple subject to a condition subsequent
- Determine the ownership status for the scenario below.
Ewan offers property he owns to his nephew on the condition he renovates the fixtures on the property by the end of the next year. Ewan’s nephew never finishes the renovations, and the property reverts back to Ewan. Up to this reversion, Ewan’s nephew’s ownership in the land was:
o Fee simple determinable
o Fee simple absolute
o Fee simple subject to a condition subsequent
o Indeterminable with the given information
- Does the following pass the “test” of utility?
A theory for an anti-gravity machine.
o Does not pass test
o Passes test