Question: I. MULTIPLE CHOICE ( Max . 1 0 points ) This section contains five ( 5 ) multiple choice questions. Choose the response for each
I. MULTIPLE CHOICE Max points
This section contains five multiple choice questions. Choose the response for each question that is most accurate and write its corresponding letter in the space provided. Each correct response in this section is worth two points.
Which of the following is considered to be a legally binding offer?
A Bill tells his adult softball team that he will pay $ to the first player to cut his lawn.
B A store mails its customers a circular that advises of this weeks sale items.
C Walmart advertises that the first customers to arrive at its new store for its Grand Opening will be entitled to purchase one of only fifty big screen TVs for $
D All of the above are valid, legally binding offers.
E Only A and C are valid, legally binding offers.
Which is true of the objective reasonable person standard?
A The standard is used in negligence cases but not in contract disputes.
B The standard is used in contract disputes but not in negligence cases.
C The standard is used in both contract disputes and negligence cases.
D The subjective intent of the parties governs in contract disputes and negligence cases.
Which of the following common law rules requires an offer to be accepted on the same terms that it was proposed without any material deviation from the offers terms?
A The Mailbox Rule
B The Mirror Rule
C The Mutuality of Obligation Rule
D Promissory Estoppel
Which of the following is true regarding an express offer under the common law?
A Express offers must be clear and definite as to all material terms.
B The person making an offer may also fix the terms upon which an offer can be accepted.
C An express offer may be rescinded at any time prior to a valid acceptance occurring.
D All of the above are true.
E Only A and B are true.
Which of the following is true of fraud and misrepresentation?
A It prevents a true meeting of the minds and frustrates mutual and voluntary assent.
B It is generally inconsistent with the duty of goodfaith and fair dealing owed to all parties in privity of contract.
C Neither A nor B is true.
D Both A and B are true.
II PRACTICAL SKILLS SECTION. Max points
This Section consists of two Questions that require the demonstration of basic case reading and summarizing skills. All work must be your own without assistance or input from anyone else. The maximum number of points for correct responses in this Section equals fifteen
Click the link and read the New York trial opinion in the case entitled Halpern v Greene. Then answer the following two questions after reading the case:
A Can the Plaintiffs, unlicensed boxing managers, successfully maintain their breach of contract action against the Defendant, their boxerclient Explain why or why not. Max Points
B Explain what quantum meruit is and its importance to the trial court in the Halpern case. Max Points
III. SHORT ANSWERS. Max Points
This section requires you to review the following case scenario and respond to each of the questions that follow it with your critical thought, knowledge of the proper legal principles and your ultimate analysis. Your correct responses to each of the questions in this Section are worth a maximum score of points.
Case Scenario:
Ivan is a yearold owner of a landscaping and lawn service business in Greenville, NJ Virgil is an adult customer of Ivans services and had been for six months. As the winter season approached, Ivan spoke to Virgil about drumming up business in Virgils neighborhood for his new snow removal division. Ivan told Virgil that he will take $ off Virgils monthly landscaping bill for six months, starting in March of for each new customer that Virgil refers to Ivan for snow removal at Ivan's snow job rate of $ per house. Virgil tells Ivan that he is willing to help him out and use his best efforts to do so Ivan then handed Virgil thirty fliers that bore Ivan's name, phone number, some marketing graphics, a general description of the snow removal services offered at the $ rate discussed, including the phrase Inquire about our new customer discount. Virgil thanks Ivan for his anticipated assistance and the two men quickly conclude their business in a cordial manner.
Virgil gave Ivan's flyers to twenty of his friends and neighbors and spoke favorable to them about Ivan's new service. Fifteen of them agreed to use Ivan for their snow removal services. In the winter months, of these friendsneighbors did use Ivan for snow removal on at least one occasion. Ivan performed the initial services requested by Virgil's friends and neighbors and gave them all his discounted, new customer rate of $ for their initial snow removal job. Ivan also advised each new customer that h
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