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Question
Earthquake. Stewart, the owner of ABC Construction, agreed with Joan, the owner of XYZ Hotel that he would complete renovations on her upper scale hotel on the beach in Florida by October 1. The amount due to Stewart under the contract was $250,000. The contract contained a clause by which Stewart would pay Joan $50,000 for each day he was late on completing the project. Unfortunately, an unexpected strong earthquake shook the area; and while the earthquake did not damage the hotel itself, Stewart encountered significant difficulty in getting supplies due to the high demand for building material following the earthquake. Because he believed that traveling, himself, to other states to obtain supplies would be prohibitively expensive, he delayed the project for two weeks while waiting for local stores to have sufficient supplies available. Stewart finished renovations six days late. Joan told Stewart that she owed him nothing but that he owed her $50,000. Stewart told Joan that he was suing for the entire $250,000 because it was not his fault the earthquake delayed matters. Assuming the earthquake does not affect Stewart's liability for damages, which of the following is true regarding the provision that he will pay $50,000 for each day he is late?
A. It will be upheld based on freedom of contract.
B. It will be upheld because the penalty per day is less than one half the amounts due for the job.
C. It will be upheld as a stipulated amount.
D. It will be struck because parties are prohibited as a matter of law from specifying damages.
E. It will be struck as a penalty.
Answer
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Related questions
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If a legal contract is formed and the subject of the contract then becomes illegal under a new statute, the contract is _____.
A. discharged
B. enforced
C. disregarded
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Which of the following was the result in John Miller v. Jay Preefer, Richard Preefer, Comproised Management, Inc., and Palm Beach Ale House and Raw Bar Inc., the case in the text involving Florida law in which the plaintiff claimed that a covenant not to compete in regard to the restaurant business entered into in conjunction with a settlement agreement was unenforceable as a violation of public policy?
A. That Florida law provides for enforceability of covenants not to compete under specific circumstances including when entered into as part of a settlement agreement.
B. That all covenants not to compete, including the one at issue, were illegal under Florida law.
C. That Florida law enforces all covenants not to compete.
D. That the covenant not to compete was illegal only because the time constraint was excessive.
E. That the plaintiff waited too long to sue after the final judgment incorporating the covenant not to compete and that the covenant not to compete was, therefore, enforceable.
Q:
Guardians may be appointed for which of the following?
A. Only those who are adjudicated insane.
B. Only those who are adjudicated habitual drunkards.
C. Only those whose judgment has been impaired because of a condition such as Alzheimer's.
D. Those who are adjudicated insane or those whose judgment has been impaired because of a condition such as Alzheimer's, but not those who are adjudicated habitual drunkards.
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Q:
Historically, which of the following were considered people with limited or no capacity?
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B. Insane persons, single women, and minors
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A. Liquidated
B. Unliquidated
C. Supported
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Q:
Bank Robbery. Victor robbed Safe Bank of a significant sum of cash. Safe Bank offered a reward of $10,000 for anyone who captured or provided information leading to the capture of Victor. Ted, a police officer in town, promised Safe Bank officials that he would apprehend Victor. While on duty, Ted arrested Victor at a hamburger joint in town. He found Victor based upon a hunch he had after Ursula, who dated Victor, told him about various places Victor enjoyed eating. The bank refuses to pay either Ursula or Ted any of the reward money. In a lawsuit between the bank and Ursula, regarding the reward funds, who is likely to prevail and why?
A. The bank is likely to prevail because Ursula only provided past consideration.
B. The bank is likely to prevail because Ursula was tainted by being Victor's girlfriend.
C. The bank is likely to prevail because no valid bilateral contract existed.
D. Ursula is likely to prevail because a valid bilateral contract existed.
E. Ursula is likely to prevail because an enforceable unilateral contract exists based on her provision of information leading to the capture of Victor.
Q:
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C. Sam must return the communications book only.
D. Sam must return the computer, the business law book, and the communications book.
E. Sam does not legally have to return anything.
Q:
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A. satisfaction
B. accord
C. both satisfaction and accord
D. written compromise
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In a(n) ______ debt, the parties either dispute the fact that any money is owed or agree that some money is owed but dispute the amount.
A. disputed
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In a(n) ______ debt, there is no dispute about the fact that money is owed and the amount of money owed.
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A. Brice will win only if he can establish that Brice is wrong and that the deal was actually reasonable.
B. Brice will win because the court would not weigh whether a good bargain was made.
C. Courtney will win if she can establish that she paid at least 75% more than the computer was actually worth.
D. Courtney will win if she can establish that she paid at least 50% more than the computer was actually worth.
E. Courtney will win if she can establish that she made a bad deal and that truly she was not aware of current prices of computers.
Q:
In Hamer v. Sidway, the New York Court of Appeals found that forbearance:
A. Negates the enforceability of a contract.
B. Is not mandatory for a contract to be binding.
C. Is unconstitutional.
D. Is sufficient consideration for a valid contract.
E. Is insufficient consideration for a valid contract.
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In a bilateral contract, the consideration for each promise is ______.
A. a completed act
B. the beginning of action in acceptance, even if it is not complete
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A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.
Q:
Under the Privacy Act, an individual may have the right to:
A. see federal agency records about themselves.
B. to amend an inaccurate agency record.
C. to sue the government for statute violations.
D. see and amend federal agency records.
E. see and amend federal agency records as well as sue the government for statute violations.
Q:
Which of the following is false regarding the Freedom of Information Act?
A. Information may be obtained under the act regarding how an agency gets and spends its money.
B. Citizens are entitled to any records that the government has about them.
C. Records involving national security are exempted from the act.
D. Information regarding the agency's personnel records may be obtained under the act.
E. Records involving an individual's private life are exempted from the act.
Q:
In order to be upheld in court, an agency's fact finding must be supported by which of the following?
A. Substantial evidence
B. A rational basis
C. Any evidence
D. Reasonable evidence
E. Non-hearsay evidence
Q:
Executive agencies are referred to as which of the following?
A. Judicial-level agencies
B. Adjudicative agencies
C. Cabinet-level agencies
D. Approval agencies
E. Presidential agencies
Q:
What do the initials ALJ represent in the administrative law arena?
A. Administrative Legal Journal
B. Agency Legal Jargon
C. Administrative Law Judge
D. Agency Legal Judge
E. Agency Law Jurisprudence
Q:
Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?
A. A subpoena
B. A subpoena duces tecum
C. A summons
D. A summons duces tecum
E. A required documented appearance
Q:
Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?
A. A subpoena
B. A subpoena duces tecum
C. A summons
D. A summons duces tecum
E. A required documented appearance
Q:
According to the text, what are three criticisms of arbitration when compared to traditional litigation?
Q:
In order to ensure that a case or controversy exists, the plaintiff must show:
A. An adverse relationship between the parties.
B. An actual legal dispute.
C. It is a proper matter for judicial determination.
D. An adverse relationship between the parties and an actual legal dispute.
E. An adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination.
Q:
A court acquires in personam jurisdiction over the plaintiff when:
A. Service of process is issued.
B. Plaintiff is given a copy of the complaint by the court.
C. Plaintiff files a lawsuit with the court.
D. Defendant files an answer.
E. Plaintiff is injured within the state's border.
Q:
Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a(n)
A. Peremptory challenge.
B. Challenge for cause.
C. Stipulated challenge.
D. Fairness challenge.
E. Approved challenge.