Hft 4623 Final Exam With
Complete Solution
False - ANSWER a plaintiff who seeks to collect damages for breach of
contract must prove that he attempted to mitigate its loss. the duty to
mitigate therefore is to increase or enhance the loss.
False - ANSWER goodwill refers to an unfavorable reputation producing an
expectation of future business
true - ANSWER an agreement NOT TO COMPETE is a provision in a contract
that bars a party from competing in the same geographical area and for a
specified period of time. This non-compete clause must be REASONABLE in
the time and territory in *order to be enforceable in court*
invalid contract (correct: valid contract btwn 2 parties, 3rd party must be
aware of the valid contract, 3rd party must intentionally cause one of the
parties to breach the existing valid contract in order to do business with
them) - ANSWER the following are all elements of a Tort Intentional
Interference with Contractual Relations EXCEPT:
False; must say very intoxicated - ANSWER A minor, mentally incompetent,
and intoxicated persons are a group of people viewed as having diminished
mental abilities.
1.1 - ANSWER MRPC _ requires the lawyer to provide competent
representation
1.7 - ANSWER MRPC _ provides that "a lawyer shall not represent a client if
,the representation involves a concurrent conflict of interest"
false - ANSWER an exception to the general rule is that an oral agreement is
enforceable in court
1.8 - ANSWER MRPC _ governs attorney interests in literary rights
fiduciary - ANSWER the relationship of a principal and agent is _ in nature
false; VOIDABLE not void - ANSWER the major risk in entering into a contract
with a minor is that generally the contract is VOID at the option of the minor
at anytime, either before the minor's majority or within a reasonable time
thereafter.
false; "informed consent" - ANSWER MRPC 1.6 states the following: "a
lawyer shall not reveal information relating to the representation of a client
unless the client gives consent, the disclosure is impliedly authorized to carry
out the representation."
minor, talent agency - ANSWER The California Family Code controls contracts
in California between a _ and a _
forum-selection clause - ANSWER a contractual provision that identifies a
specific location at which any lawsuit arising out of a contract must be
brought
Specific Performance - ANSWER another remedy for breach of contract,
where a court order *requires a defendant to perform the act promised in the
contract.* It is applicable only to contracts involving transactions of unique
or one-of-a-kind items or services.
the seller has delivered the goods and the buyer has accepted them; the
buyer paid for the goods and the seller accepted the payment - ANSWER
, what are the 2 exceptions to the statute of frauds' sale of goods contract in
excess of $500?
1.9 - ANSWER what MRPC governs duties to former clients and also includes
the following provision: "a lawyer who has formerly represented a client in a
matter shall not thereafter represent another person in the same or a
substantially related matter in which that person's interests are materially
adverse to the interests of the former client unless the former client gives
informed consent, confirmed in writing.
true - ANSWER the general rule is that entertainment attorneys who also act
as agents or managers are still subject to their states' codes of professional
conduct to the extent that any of their activities involve the delivery of legal
services. LAWYERS CANT MERELY SWITCH TITLES TO AVOID ETHICAL
RESPONSIBILITIES.
1.5 - ANSWER MRPC _ requires hourly and contingent fees to be
REASONABLE
false - ANSWER contingent fee agreements may be oral or in writing, signed
by the client and 'state the method by which fees are to be determined, the
percentage or percentages that shall accrue...and whether expenses are
deducted before ir after the contingent fee is calculated.
unilateral mistake - ANSWER generally, a _ is not a basis to avoid a contract
sudden change of plans (correct: any act of god including extreme climate
conditions, civil unrest, government order, and cyber terrorism) - ANSWER
the provisions for For Cause Cancellation/"Force Majeure" Clause in a
contract include all of the following EXCEPT:
defendant's insurance/bank account (correct: existence of legal duty, a
Complete Solution
False - ANSWER a plaintiff who seeks to collect damages for breach of
contract must prove that he attempted to mitigate its loss. the duty to
mitigate therefore is to increase or enhance the loss.
False - ANSWER goodwill refers to an unfavorable reputation producing an
expectation of future business
true - ANSWER an agreement NOT TO COMPETE is a provision in a contract
that bars a party from competing in the same geographical area and for a
specified period of time. This non-compete clause must be REASONABLE in
the time and territory in *order to be enforceable in court*
invalid contract (correct: valid contract btwn 2 parties, 3rd party must be
aware of the valid contract, 3rd party must intentionally cause one of the
parties to breach the existing valid contract in order to do business with
them) - ANSWER the following are all elements of a Tort Intentional
Interference with Contractual Relations EXCEPT:
False; must say very intoxicated - ANSWER A minor, mentally incompetent,
and intoxicated persons are a group of people viewed as having diminished
mental abilities.
1.1 - ANSWER MRPC _ requires the lawyer to provide competent
representation
1.7 - ANSWER MRPC _ provides that "a lawyer shall not represent a client if
,the representation involves a concurrent conflict of interest"
false - ANSWER an exception to the general rule is that an oral agreement is
enforceable in court
1.8 - ANSWER MRPC _ governs attorney interests in literary rights
fiduciary - ANSWER the relationship of a principal and agent is _ in nature
false; VOIDABLE not void - ANSWER the major risk in entering into a contract
with a minor is that generally the contract is VOID at the option of the minor
at anytime, either before the minor's majority or within a reasonable time
thereafter.
false; "informed consent" - ANSWER MRPC 1.6 states the following: "a
lawyer shall not reveal information relating to the representation of a client
unless the client gives consent, the disclosure is impliedly authorized to carry
out the representation."
minor, talent agency - ANSWER The California Family Code controls contracts
in California between a _ and a _
forum-selection clause - ANSWER a contractual provision that identifies a
specific location at which any lawsuit arising out of a contract must be
brought
Specific Performance - ANSWER another remedy for breach of contract,
where a court order *requires a defendant to perform the act promised in the
contract.* It is applicable only to contracts involving transactions of unique
or one-of-a-kind items or services.
the seller has delivered the goods and the buyer has accepted them; the
buyer paid for the goods and the seller accepted the payment - ANSWER
, what are the 2 exceptions to the statute of frauds' sale of goods contract in
excess of $500?
1.9 - ANSWER what MRPC governs duties to former clients and also includes
the following provision: "a lawyer who has formerly represented a client in a
matter shall not thereafter represent another person in the same or a
substantially related matter in which that person's interests are materially
adverse to the interests of the former client unless the former client gives
informed consent, confirmed in writing.
true - ANSWER the general rule is that entertainment attorneys who also act
as agents or managers are still subject to their states' codes of professional
conduct to the extent that any of their activities involve the delivery of legal
services. LAWYERS CANT MERELY SWITCH TITLES TO AVOID ETHICAL
RESPONSIBILITIES.
1.5 - ANSWER MRPC _ requires hourly and contingent fees to be
REASONABLE
false - ANSWER contingent fee agreements may be oral or in writing, signed
by the client and 'state the method by which fees are to be determined, the
percentage or percentages that shall accrue...and whether expenses are
deducted before ir after the contingent fee is calculated.
unilateral mistake - ANSWER generally, a _ is not a basis to avoid a contract
sudden change of plans (correct: any act of god including extreme climate
conditions, civil unrest, government order, and cyber terrorism) - ANSWER
the provisions for For Cause Cancellation/"Force Majeure" Clause in a
contract include all of the following EXCEPT:
defendant's insurance/bank account (correct: existence of legal duty, a
