,10/16/2020 Review Test Submission: Final Exam – 202040 Fall 2020 ...
User Jessica Hooker
Course 202040 Fall 2020 GOVT 404-B01 LUO
Test Final Exam
Started 10/16/20 10:23 PM
Submitted 10/17/20 12:02 AM LATE
Due Date 10/16/20 11:59 PM
Status Needs Grading
Attempt Score Grade not available.
Time Elapsed 1 hour, 39 minutes out of 2 hours
Instructions
Time limit: 2 hours
42 multiple-choice and essay questions
Open-book/open-notes
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Question 1 5 out of 5 points
Renée lost her job last year and has been unable to find employment since then.
She has been living in her car for the past two months, but knows that with winter
approaching, she needs to find a place to live. Unfortunately, the odd jobs she’s
found only keep her employed for about 10 to 20 hours each week, and she is not
sure she makes enough to rent even a small apartment. She meets with a property
manager about renting a room in an older house that the manager manages. The
manager agrees to rent the room to Renée for $200 each month, but only if Renée
will sign a lease agreement that includes a densely worded “future wage
assignment” provision in small print, which provides that Renée will pay 10% of any
future wages she earns to the property management company for the next 5 years.
No other affordable housing options are available to Renée. She signs the lease. The
next year, Renee
, obtains a job working as lab technician in a hospital earning $35,000. What’s Renee’s
best argument that the future wage assignment is unenforceable, and why?
Selected
Answer: The agreement is unconscionable because Renée has so little
bargaining power and the terms are unfair.
Question 2 5 out of 5 points
Employer contracts with Employee to serve as the Chief Operating Officer to the
Employer. The term of the contract is one year. The annual salary is $75,000. Before
the employment begins, Employee quits. Employer pays a recruiter $3,250 to find
a replacement employee. The recruiter finds a comparably qualified replacement
employee who is willing to serve as Chief Operating Officer for an annual salary of
$80,000. Choose the best answer:
Selected Answer: Employer is entitled to damages of $8,250.
Question 3 0 out of 5 points
Anderson contracts with Mallows for Anderson to paint Mallows’ two-story house.
The price is $2,500, payable to Anderson once the painting is completed. Prior to the
contract, Anderson meets with Mallows, looks at the house, and discusses the kind
of paint that Anderson will use and the timing of the completion of the work.
Anderson starts painting the house on Monday morning. Monday afternoon, after
Anderson has painted only one side of the house, Anderson tells Mallows that he
will require an additional $500 to finish the job. In response, Mallows promises to
pay Anderson
$3,000 upon completion of the house. Choose the best answer:
Selected
Answer: The contract is enforceable because Anderson relied upon Mallows’
promise to pay an additional $500.
Question 4 5 out of 5 points
Ramsey and Steven are discussing the sale of Ramsey’s used bulldozer to Steven.
Ramsey tells Steven that he will sell the bulldozer for $85,000. Steven responds by
saying: “$85,000 is a lot of money; I will pay you $75,000 for it but that is all.”
Choose the best answer:
Selected
Answer: Steven’s statement constitutes a rejection and is also a
counteroffer.
Question 5 5 out of 5 points
, WCorp contracts with Building Co. to wash the windows at Building Co.’s offce
building. WCorp contracts with Wndx, LLC to wash the windows at Building Co.’s offce
building. Choose the best answer:
Selected
Answer: WCorp has delegated its duty to wash windows to Wndx, LLC, but if Wndx,
LLC does not wash the windows as contracted, WCorp is still liable.
Question 6 5 out of 5 points
Allen is hiring a computer database designer to help his law firm design a custom
client management database. He interviews Megan for the job, and would like to
hire her. He needs someone who will be able to start work right away, and it is
important that the new hire sign his confidentiality agreement so that confidentiality
of client information will be preserved when the database is designed. Allen locates
a form called “employment agreement,” which includes a confidentiality agreement,
and mails it to Megan. The cover letter enclosing the agreement indicates that
Megan “must sign this agreement without making any changes to it and hand-
deliver it to my secretary on or before June 1.” Choose the best answer:
Selected
Answer: Allen can require that Megan hand-deliver the letter to his
secretary because he, as offeror, can dictate how it is accepted.
Question 7 5 out of 5 points
Shilo offers to sell his home to Bubba for $245,600. Bubba inspects the home
and mails a written acceptance letter indicating that “I agree to buy the home for
$245,600, including all of the furniture and window treatments in the house when
I inspected it today.” Choose the best answer:
Selected
Answer: Bubba’s letter does not constitute an acceptance, because it includes a
term not included in Shilo’s offer.
Question 8 5 out of 5 points
Arrington hires Bernice to make a prototype of a new hospital bed Arrington hopes
to manufacture and sell. Bernice agrees to have the prototype ready by October 1.
On September 25, Bernice calls to tell Arrington that she’s almost finished but that it
will likely be October 4th or 5th before the prototype is completed. Arrington tells
her, for the first time, that he was planning to take the prototype to the Hospital Expo
in New York City on October 3, and that if the prototype is not ready by then, he will
have wasted the $5,000 exhibition fee he paid. Choose the best answer:
Selected
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