Joined: 31 Jan 2005
|Posted: Tue Dec 05, 2017 5:18 pm Post subject: To Valley College Students Only
|Please see your lacd.edu website for my message regarding tonight's (12/5) class being cancelled by the college.
The message was this:
I have received this official e-mail from LAVC. This is not a joke, nor is it spam. I know that this last class was considered "essential" for next week's final exam. It will have to stand that the school is closed and I will modify your final examination. It is impossible for me to teach the U.C.C. & Bailments over e-mails, so these two areas will not be covered on your final examination. I will post, on my website, a copy of examination #2 and the answer sheet to examination #2. I will further post your score on the exam by your student ID number. These numbers are in random order. I also will, on my website, inform you of what you are to study for your final examination.
I will still further, post on my website, the take home part of your final exam. This will be worth 25% of your final exam grade. It is due back next Tuesday evening.
Let us hope that none of you live in the fire danger area.
Grades on test two by your official ID number:
A copy of the examination followed by the official answer sheet:
To: Business Law Students From: S.Waterstone Re: TEST Number Two NAME:
Every T/F question is worth one point. Each multiple choice and fill in is worth 2 points, unless a different value is indicated.
There is a bonus essay question following the objective portion of the test.
T/F: CIRCLE THE T or F
1. T. F. A bilateral contract contains: "The exchange of a promise for a promise."
2. T. F. An executed contract is a contract that has been fully performed on both sides.
3. T. F. The Statute of Frauds does not really prevent fraud in contracts.
4. T. F. Owner of Company A has lunch with owner of Company B. A's owner exclaims in frustration "For $2 I'd sell the whole computer division!" A valid offer has been made.
5. T. F. A person making an offer must communicate it to the person, or his agent, or one who has the power to accept the offer. If there is no communication there is no offer.
6. T. F. Money is the only item considered legal consideration.
7. T. F. Under the Common Law, if conditions are added to an acceptance; there has not been an acceptance, there has been a counter-offer.
8. T. F. The "mailbox rule" means that acceptance is completed as of the time when the acceptance is deposited in a mailbox.
9. T. F. A moral obligation, or honor, is considered legal consideration thus making a contract based on it enforceable.
10. T. F. A minor buys an item. If the minor disaffirms the contract, the minor must return the adult to the status quo (make the adult "whole") if the minor used false identification and lied their age during the purchase of the item.
12. T. F. A Minor must disaffirm a contract either during the period of minority or within a reasonable time thereafter, a reasonable time is always one month after the minor turns 18.
14. T. F. Minors can disaffirm their educational loan agreements.
17. T. F. There are certain defenses that will make a contract unenforceable even if all of the required elements of a legal contract are met.
19. T. F. A person can be found to have committed fraud when s/he makes a statement of fact they honestly and reasonably believed to true, even though it is not true.
20. T. F. An assignee is in privity with the original parties to the contract.
21. T. F. An incidental third party beneficiary is in privity with the original parties to the contract.
22. T. F. An intended third party beneficiary is in privity with the original parties to the contract.
26. T. F. In assignment law the Party to whom the right has been assigned is called the assignor.
29. T. F. Inferior performance of contractual duties constitutes a major breach, as it impairs or destroys the essence of the contract.
31. T. F. In modern contract law there is no implied covenant of good faith and fair dealing between the parties.
34. T. F. There is always a clear line of distinction between a minor breach and a major breach of contract.
Multiple Choice: CIRCLE the ONE letter of your answer
36. This statement is made: "I will pay you $10,000 if you repair my garage by November 20th." It's an example of which type of contract offer a. bilateral b. unilateral c. transactional d. situational e. all of the above f. none of the above
37. An implied in fact contract will be found if: a. The plaintiff provided property/services to the defendant b. The plaintiff expected to be paid and did not provide a gratuitous service c. The defendant was given an opportunity to reject the service but failed to do so d. all of the above e. none of the above.
38. The parties subjective intent (inner thoughts) in forming a contract is: a. irrelevant b. important c. provable under the theory of quasi-contract d. all of the above e. none of the above.
39. The ability to withdraw goods from auction, because the selling price is unacceptable to the seller, is only possible if the auction is a. with reserve b. without reserve
c. in the reserves d. all of the above e. none of the above.
40. Steve receives a valid offer, rejects the offer, but later changes his mind. The following is then true: a. The original offer is terminated b. any subsequent attempt to now accept the offer is ineffective c. the rejection is in fact construed as a new offer that the original maker of the original offer is free to accept or reject d. all of the above e. none of the above.
42. A person who receives an offer can make sure that the offer is not revoked and kept open by paying compensation to keep the offer open for an agreed-upon period of time. This is called a. the parol evidence rule b. quasi contract c. an option contract d. all of the above e. none of the above.
43. Stan, in making an offer specifically states the offer CAN ONLY be accepted by an authorized means of communication. The offer can: a. be accepted by any means as long as Stan receives it b. be accepted if the person receiving the offer uses a better means of communication c. only be accepted by using the authorized means of communication d. all of the above e. none of the above.
45. Joe has alternating periods of sanity and insanity. He enters into a contract during a lucid interval (a period when he is sane). The contract will be a. enforceable b. unenforceable c. illegal d. all of the above e. none of the above.
46. Joe borrows $10,000.00 in California. Lender, a private party, charges 100% interest, which if enforced means Joe would have to pay back $20,000.00. Joe will have to pay back:
a. 20,000.00 b. $10,000.00 c. $0.00 d. all of the above e. none of the above.
47. Joe hires Calvin to build his California home. Joe promises Calvin in any payment dispute he will NEVER use the fact Calvin doesn't have a California contractor's license as a defense. Calvin does perfect work. Joe, however, refuses to pay. Joe moves for summary judgment stating Calvin does not have a contractor's license. a. Joe will lose because of his promise b.Joe will win, because Calvin's lack of license will not allow him to present his case before a California Court c. Calvin will only receive the fair market value of his work d. all of the above e. none of the above.
48. A minor wants his parent to pay his medical bills. His parent will be obligated to pay them if: a. he lives with them b. he is emancipated living on his own c. his parent has kicked him out of his home telling him that he is on his own. d. (a and c) e. (b and c) e. all of the above e. none of the above.
53. Whenever an attorney enters into a contract with a client there is a presumption of undue influence. To rebut this presumption the attorney must show that they: a explained all of the consequences to the client b. paid consideration for the value they received
c. advised their client to seek the advice of independent legal counsel d. all of the above e. none of the above
54. If an ambiguity exists in a pre-printed contract the terms will be construed against: a. The party who signs the contract presented to him b. Neither party, i.e. the contract will be allowed to exist with the ambiguities intact c. the party who wrote the contract. d. none of the above e. all of the above.
55. Compensatory damages are intended to compensate for the loss of the bargain by: a. having one party pay ten thousand dollars to the other party b. place the non breaching party in the same position as if the contract had been fully performed c. give the non-breaching party the right to challenge a juror for cause d. all of the above e. none of the above.
56. Damages agreed in advance are termed: a. peripheral damages b. concentric damages c. liquidated damages d. all of the above e. none of the above
57. The non-breaching party to a contract is under a legal duty to avoid or reduce damages caused by the breach. This is termed: a. The Forensic rule b. malpractice c. enrichment rule d. all of the above e. none of the above.
58. If the court orders the breaching party to perform the acts promised; the Court has ordered: a. specific performance b. radical performance c. non-performance d. all of the above e. none of the above.
62. In California the time period for bringing a lawsuit based on breach of an oral contract is a. five years b. two years c. four years d. all of the above e. none of the above
63. In California the time periods for bringing a lawsuit based on breach of a written contract is a. five years b. two years c. six years d. all of the above e. none of the above
64. Parties to a contract agree performance should be rendered to or directly
benefit a third party. The third party is considered an a. incidental beneficiary b. bystander beneficiary c. mitigation beneficiary d. all of the above e. none of the above.
65. Frustration of purpose will excuse the performance of contractual obligations if
a. the object or benefit of the contract is made worthless to a promisor b. both parties knew what the purpose was c. the act that frustrated the purpose was reasonably unforeseeable d. all of the above e. none of the above
66. Painter contracts with Owner to paint Owner’s house. The starting date will be one month after the contract is entered into. The day following the signing of the contract Painter tells Owner this is his first painting contract and realizes he cannot afford to buy the paint and will not perform the contract. Owner: a. must wait until the month passes before he can hire another painter b. must still pay Painter and then sue him for damages c. can sue Painter for specific performance e. all of the above f. none of the above.
67. Bacys, a famous retailer, has a lease with Jones, the lease contains a clause requiring Jones' permission before Bacy's can assign the lease. Bacys seeks Jones approval to assign the lease to Nordstrangs. Nordstrangs net worth is twice that of Bacys. Jones refuses to give permission. Bacys sues Jones. The Court will: a. Prevent Bacys from the assignment b. ignore the clause c. require Bacys post a bond for ten thousand dollars and then allow the assignment d. all of the above e. none of the above.
68. Joe is fired by Sam without cause. Joe was employed as a computer analyst. Sam can avoid paying Joe any damages if Joe does not: a. accept any job that is available to him b. move out of the geographic area to accept a job c. work as a grave-digger for triple the salary he was to receive from Sam d. all of the above e. none of the above.
Fill-In questions: Put your answer in the blanks provided. Each question is worth two points unless a different point value is given.
69. A fire destroys the subject matter of the offer; automatically terminating the offer. Which term is missing that allows this? One point)
71. Under the Objective theory of contracts the test is what a _______________________
____________________________ believes viewing all of the ________________ _________________.
73. Jones has a valid contract wherein he is obligated to broadcast the news on WNBC T.V. A new company buys the station. Jones' contract has been assigned to New Owner who is now requiring Jones to do the news, weather and sports. Under Assignment Rules why does Jones NOT have to perform for the new owners?
ERRATA: Correcting the grammar in #69 above:
74. List the subject matter of any one type of contract that must be in writing under the statute of frauds:
75. The Parol Evidence Rule limits the introduction of what (BE SPECIFIC)
77. The ability to promote fairness in disputes is due to the ability of Courts to apply
78. List the four elements that are necessary for there to be a valid contract. (2 points each)
79. Joe is hired to perform a contract, before he can start, for no reason he is fired. He cannot just sit and draw a salary. He must seek other employment because of
the doctrine of ____________________ of _______________________________.
80. Baker sells a loaf of bread. What type of condition does the law affix to this transaction, so that consumer is sure the bread is fit for human consumption?
81. In a construction contract, if you want to make sure the job is completed by a certain date you should use what phrase (wording) in the contract?
82. Logan Manufacturer makes suits. Logan has a contract to provide suits to a broker, Royal, who in turn sells them to retailers who sells them to the public. Both parties know that Royal is going to resell the suits. Logan breaches the contract. Had the contract been concluded Royal would have paid Logan $1,000.00. It costs Royal $1,200.00 to buy the suits elsewhere. Royal expected to make a profit of $1,000.00, by reselling the suits. Royal is entitled to recovery for his lost profit. What is the type of
damages that allows this recovery? _____________________________________
83. I have promised each of you an “A” in this class if you earn a 90% grade average. What kind of condition is this?
84. What additional remedy can a plaintiff gain when s/he sues a defendant for intentional interference with contractual relations?
Each of the two hypotheticals is worth 15 points extra credit. I am requiring a COMPLETE answer to each hypothetical. If you choose to just answer yes or no you will not earn any points. I'm looking at your analysis of the issue(s) involved in this hypothetical to earn your points.
Write your answers below the hypotheticals. Also attached is an extra sheet of paper. You may use either the format you have been using for answering your assignment hypotheticals, or just give your conclusions. In any event do not waste time re-writing the entire fact situation!!
REMEMBER THIS CAVEAT: IF I CAN’T READ YOUR ANSWERS, DUE TO POOR HANDWRITING, I WILL NOT GIVE YOU CREDIT.
#1 Robert and Sally enter a contract obligating Sally to build a house for Robert. The terms are that the house will be completed within six months. Sally decides that she doesn’t really want to build the house. She finds Donald, who is a more experienced builder than she is. Donald agrees to REPLACE Sally in the contract. Both Sally and Robert also agree that Donald will REPLACE Sally as the builder of the house. Robert then decides to sue Sally because she didn’t build the house. Who will win, and more importantly why?
#2. Teena Teen goes to Sleezy Rich's used car lot, in Yreka, California. Teena is only sixteen years of age. Sleezy extends five thousand dollars credit to Teena for the purchase of the car. After leaving the car lot Teena enters a speed contest with the car. She crashes during the contest and the car is destroyed. She calls Sleezy and tells him I disaffirm the contract. Sleezy is incensed. He files suit against Teena for $5,000.00. What will be the result of the lawsuit?
To: Pierce BL Students From: S.Waterstone Re: Answers to Test Number One
ALL TRUE: 1, 4, 8, 9, 12, 13, 19, 21, 23, 33, 36
ALL FALSE (WITH EXPLANATIONS) 3. IT IMPACTS INTRA-STATE AS WELL, E.G.: "THE WHEAT CASE" 7. THIS TERM REFERS TO “DÉCOR” OF AN ESTABLISHMENT, ETC. 10. IN REM JURISDICTION: THE COURT WHERE THE PROPERTY IS LOCATED HAS JURISDICTION OVER THE LAWSUIT 11. THE PLAINTIFF HAS THE BURDEN OF PROOF 16. Neither are “evidence” 18. THE PROSECUTION CANNOT; OR IT IS DOUBLE JEOPARDY 24. AN ASSAULT: HE HAS PLACED THE PLAINTIFF IN FEAR, HE DOESN'T HAVE TO FOLLOW THROUGH WITH A BATTERY 25. THE BYSTANDER CAN CLAIM A BATTERY UNDER THE TRANSFERRED INTENT DOCTRINE 26. EITHER ONE IS A TORT BY ITSELF, WITHOUT THE OTHER 29. YOU NEED TO ESTABLISH BOTH 30. THERE ARE EXCEPTIONS TO NEED OF A WARRANT 31. RES IPSA LOQUITUR, AS PER CLASS DISCUSSION, IS STILL A VIABLE DOCTRINE 32. CA. CIVIL CODE:A SOCIAL HOST IS NOT LIABLE FOR INJURIES CAUSED BY GUESTS SERVED ALCOHOL BY THE HOST AT THE HOST'S SOCIAL FUNCTIONS 35. REVERSE THE ORDER TO BE CORRECT 37. It is the 5th. Amendment; the 4th. protects against unreasonable searches.
39 B; 41. F; 43. H; 44. F; 45. G (A MEDIATOR'S ONLY JOB IS TO TRY TO HAVE THE PARTIES REACH A COMPROMISE), 46. H 48. G; 49. A IS THE ONLY CORRECT ANSWER, AS PER LECTURE, THERE IS ONLY ONE ELEMENT TO TRESPASS TO LAND. (E.G.: YOU CAN HAVE INTERFERENCE WITH THE OWNER'S USE OR ENJOYMENT OF HIS LAND AND NOT HAVE TRESPASS = NOISY NEIGHBORS; ACTUAL HARM TO THE PROPERTY NOT NECESSARY 51. B; 52. A; 56. H. 57. JUDICIAL, LEGISLATIVE, EXECUTIVE Different states/ $75K 58. TO TRY TO REACH A VERDICT (YOU COULD STILL HAVE A TIE) 59. FOR THEIR LIFETIME, UNLESS THEY RETIRE 60. THE U.S. CONSTITUTION; THE WORD CONSTITUTION ALONE WAS NOT CORRECT 61. TWO DIFFERENT STATES/$75,000. 62. ORAL (I ACCEPTED ANY ANSWER THAT MADE SENSE TO THE QUESTION) 63. 10%; 64. DUTY, BREACH OF DUTY, PLAINTIFF REALLY INJURED, DEFENDANT CAUSED PLAINTIFF'S INJURY MEASURED BY ACTUAL AND PROXIMATE CAUSE; 65. REASONABLE/SURROUNDING CIRCUMSTANCES 66.F. MINIMUM CONTACTS/ LONG ARM STATUTE 67. BEYOND A REASONABLE DOUBT; 68 . BY A PREPONDERANCE OF THE EVIDENCE; 69. DORMANT; 70. TIME, PLACE AND MANNER; 71. PRECAUTIONS 72.PUBLIC DOMAIN; 73.PATENT PENDING; 74. INFRINGED; 75. 23; 76. SEARCHES AND SEIZURES; 77. PLACE AND SCOPE; 78. The California Supreme Court; 79. Time shifting.
BONUS QUESTION MODEL ANSWER:
To correctly answer this question you needed to use the 4 elements of negligence law, see #64 above
YOU WERE TO DISCUSS AND NAME ALL ELEMENTS OF NEGLIGENCE (SEE BELOW) You needed to match up the law with the facts and also correctly name each element. (See answer below)
As a minimum the Auto Club, owed a DUTY to carefully investigate conditions of the hotels it rated in its Tourbook, because one of the things rated was cleanliness of the hotel's rooms. They failed their duty; it would have been easy to learn this hotel had been cited by the board of health. By failing to discover this, they BREACHED their duty of care to their members. The connection between Auto Club and Joe is clear: BUT FOR their listing this hotel as acceptable it is likely Joe would have chosen a different place to stay (from facts: Joe selected Hotel from the Tourbook, as hotel received a four star rating from Auto Club), this connection makes auto club the ACTUAL CAUSE of plaintiff's injuries caused by defendant’s negligence. The last element is to determine if it was FORESEEABLE (PROXIMATE CAUSE), to a reasonable person, that a patron could be injured if the Club's information was relied on. A good argument is that it is foreseeable that relying on the rating of this hotel, Joe would be injured by infestation of the hotel. All of the elements of negligence exist and therefore the auto club is liable to Plaintiff.
If you answered telling me about the Hotel’s negligence you used a MAJOR STRAWMAN argument. I didn’t ask for the Hotel’s responsibility. Their negligence was the EASY argument.
If you used any argument, other than negligence law, you didn’t respond to my question. If you gave me a “common sense” answer with NO legal principles at all, you forgot this is a law class.
If you didn’t explain the “WHY” each element was in existence, matching the law with the facts then you didn’t fully explain yourself.
GRADE DISTRIBUTION: INCLUDING THE “BONUS ‘POINTARAMA’ GAME NUMBERS. THE GRADES WITH THESE BONUS ‘POINTARAMA’ POINTS IS YOUR GRADE FOR TEST NUMBER ONE. WHEN FIGURING YOUR PERCENTAGE I AM USING 100 POINTS AS A POSSIBLE AMOUNT ON THE TEST.
If you answered these correctly you received extra points. These points can be found as a final tabulation: 45,49,58, 62, 67&68 (needed both to gain the bonus), 69, 70, 73, 74 and 79