“Unilateral contracts” are those in which only one side gives consideration to the other. True/False
Privately owned businesses generally do not have to respect Constitutional rights of employees, because the Bill of Rights was designed just to protect people from actions of Government – not from actions of private parties like private businesses. True or False
3. True or False “Chapter 7” bankruptcy petitions (sometimes referred to as “total liquidation”) are always filed voluntarily, by the debtor. The debtor cannot be forced into bankruptcy court by creditors filing a petition.
4. Martin, a resident of the State of
California, has written a Will, witnessed by two of his business
associates, in which he states:
“My two grown children (Bubba and Barbara) are ungrateful, selfish
people, so I have decided not to give them a single cent upon my
death! Instead, I give all of my worldly belongings to my wonderful
neighbor Manuel, who has always treated me with respect and
kindness.” Can Martin completely dis-inherit his
children?
a. Yes, a parent can completely dis-inherit his children, in the State of California.
b. No, a parent cannot completely dis-inherit his/her children, in California.
5. Travel Lust (a merchant of travel services) offered to sell to Elaine 10 round-trip tickets, between Seattle and San Francisco, to be used anytime during 2018 or 2019. The written offer stated that the acceptance must be in writing, delivered by FedEx delivery, received by Travel Lust by July 1, 2018. Which one of the following "acceptances" will create a contract between Travel Lust and Elaine?
a. |
Elaine calls Travel Lust on June 20, and states that she will buy the tickets. |
b. |
Elaine sends an email to Travel Lust on June 23, stating she will buy the tickets. |
c. |
Elaine sends a letter by USPS next-day service to Travel Lust stating that she will buy the tickets. The USPS receipt indicates Travel Lust received the letter on June 24. |
d. |
All of the above responses will create a contract between Travel
Lust and Elaine since they constitute reasonable means of
communication in today's world. |
6. Jack mails an offer to Joan that states, "I offer to sell you my car for $2000. If I don't hear from you in 10 days, I will assume you are willing to buy the car for the stated price." Jack hears nothing by the deadline and assumes he has a deal. Both Jack and Joan are individuals, and are not merchants. What is the result?
a. |
Jack has a deal. His offer was intended and contains definite terms. |
b. |
Jack has a deal. Joan should have responded saying she is not interested in the car if she didn't want to be bound to the offer. |
c. |
Joan is not bound. Generally silence or inaction is not acceptance. |
d. |
Joan is not bound. Ten days is not a reasonable amount of time to consider the offer and accept by mail. |
7. You drive your car to a nice restaurant at Fisherman’s Wharf in San Francisco, and turn your car, and the car keys, over to the Fisherman’s Wharf Valet Service. They hand you a small ticket to claim the car later. You have dinner at the restaurant, then come down to get your car. Unfortunately your car has been stolen by unknown thieves. When you demand payment for your car, they point out the ticket says: “Fisherman’s Wharf Valet Service is not responsible for lost or stolen property.” Who will win, if you sue the Fisherman’s Wharf Valet Service? (hint - you will have to read up on “bailments,” and on “license-to-use” to properly answer this one!)
a. You lose – they are not responsible for your car once they park it.
b. You win – this was a “license-to-use” situation
c. You win – this was a “bailment” situation
8. Terry owns an eight-unit apartment building. He has had complaints about the noise coming from the frequent parties in Unit 6. Without going through any court procedures, Terry changes the locks on that apartment while the tenants are away, so they no longer have access to the unit. Terry has just made an illegal eviction of his tenants. True or False
9. Susan wrote a new novel “The Importance of Being Rich," and saved her novel on her computer hard-drive on June 1, 2018. She also printed out a copy on her home printer. The cleaner that she hired to clean her apartment finds the printed copy of the book, duplicates it and sells 100,000 copies of it on Amazon during June and July of 2018. The cleaner gets paid $1,000,000 by Amazon, and quits working as a cleaner. Susan finds out about this in September of 2018. She can file a lawsuit against the cleaner under the legal theory of:
a. breach of contract
b. tort claim of intentional infliction of emotional distress
c. crime of robbery
d. patent violation
e. violation of copyright
1 True: Because in this one party given consideration, i.e. monetary benefit to other party if that part fulfils its given task.
2 True: At-least at place of work an employee does not have freedom of speech/freedom of expression and they can do so outside their office territory.
3 True: Under chapter 11, petition for bankruptcy can be voluntary if filed by debtor or involuntary if filed by creditor that meet some requirements.
4 According to basic probate laws only interested parties may challenge a will and only for valid legal reasons, so even if Matin does not want to give an single cent to his children's and does not mention their name in his will, he cannot completely dis-inherit their children and their children can still challenge the will.
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