Hft 4623 Final Exam Questions With Correct
Answers 100% Verified.
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.
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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 breach of the legal duty,
injury to plaintiff, and proximate cause) - Answer✔a plaintiff suing in negligence must prove
four elements. Failure to prove any one of them is fatal to the plaintiff's case. The list below
shows all of the elements EXCEPT:
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