Question

36. When John comes home from work one evening, he finds that the leaves in his...

36. When John comes home from work one evening, he finds that the leaves in his front yard have been raked and put in bags. Later, a man comes to collect for the yard work done. John refuses to pay for the work since he has never seen the man before and did not hire him to do his yard work. Which of the following answers is most accurate?

a.

This is an implied, unilateral contract and John must pay the reasonable price requested by the man.

b.

John has to pay as this is an implied, bilateral executed contract.

c.

The court would order John to pay the reasonable value of the yard work because of the benefit conferred on him.

d.

John would not have to pay for the yard work as he did not have the opportunity to reject the proposed work.

37. True or False     The state “statute of limitations” will determine how much time a plaintiff has, after an accident or breach of contract, in which to file a lawsuit against a defendant.

38. Nick files an action in the local court, against Heather. He is claiming that she is about to publish a book that is defamatory to Nick’s reputation. He wants the court to issue an order that would keep Heather from publishing the book. The type of court order that he is seeking would be:

a. an equitable remedy called rescission

b. an equitable remedy called specific performance

c. an equitable remedy called injunction

d. a legal remedy called damages

e. a legal remedy called punitive damages

39. Maria and Jesus are long-time friends from high school. They form a general partnership to build townhouses in new subdivisions. Everything goes pretty well for the first couple of years, and they each make a good living. Then, Maria goes to Las Vegas for a week, and loses ALL of her property gambling at the casinos. Determined to “recoup her losses” at the roulette wheel, she withdraws all the cash from the partnership bank accounts (including the employee payroll for the next week) and goes back to Vegas. Unfortunately, she loses worse than she did before – all of the partnership bank account money is gone. In a fit of despair, Maria gets drunk and drives the partnership pickup-truck off a cliff, and dies. The county coroner rules that it was death by suicide. Because she died by suicide, the life insurance company refuses to pay on her $250,000 life policy. As Maria had already lost all her other property gambling, there is nothing in Maria’s estate to pay her remaining debts.

    a. as general partners, Jesus will be legally responsible for all debts of the company – even those created by Maria.

b. Jesus will only be responsible for paying debts of the company that he personally created on behalf of the company.

c. Jesus will only be responsible for paying the payroll to the company employees. All the other business debts will just “go away” because of Maria’s death.

d. Jesus can always file suit against Maria’s estate, to get back her 50% of all the liabilities that he has to pay.

40. Susannah starts working as one of two bookkeepers for a new hotel. The hotel starts off well, and makes a handsome profit for the owners. During the second year, although the hotel is still almost as full on a daily basis, the net profit drops dramatically. The owners suspect that one of the two bookkeepers is somehow skimming money from the hotel and keeping it! They report this to the police, who send a police “Fraud Investigator” to interview the bookkeepers, and other staff at the hotel. Susannah:
a. has the right not to answer any of the questions if there is the possibility of her being convicted of a crime.

         b. has to answer all questions fully and honestly.

         c. may be legally forced to take a “lie-detector test” to establish her innocence.

  

        41.  Don was standing in line at the company cafeteria, holding a plate of food. Tim, a co-worker, was upset with Don, because Don had sent a “company-wide” memo pointing out a mistake Tim had made in a recent business deal! Tim came up behind Don and hit Don over the head with a china plate, causing Don to fall on the floor. Don broke his nose in the fall and has experienced much pain at the back of his head. Don did not see Tim come up behind him or see Don swing the china plate at his head. Don can successfully sue Tim for which tort(s):

a.

a battery, but not an assault.

b.

an assault, but not a battery.

c.

both an assault and a battery.

d.

neither an assault nor a battery

42. A police detective has arrived at your business office. She tells you that she is investigating a crime, and demands to see your business records (customer lists, income and expenses, etc.).   You:
a. have to let the detective have access to whatever information she want, because this is an investigation of a criminal matter.

b. can refuse to let her have access, unless she has a court-ordered search warrant.

Homework Answers

Answer #1

Answers : -

36) John would not have to pay for the yard work as he did not have the opportunity to reject the proposed work.

37) False.

38) an equitable remedy called specific performance.

39)as general partners jesus will be legally responsible for all debts of the company even those created by Maria.

40) may be legally forced to take lie detector test to establish her innocence.

41) both assault and a battery.

42) can refuse to let her have access unless she has a court ordered search warrant.

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