Civil homework help

Civil homework help. BA303 Test No. 2
Welcome to Professor Blankenship’s Second Test in BA303. This test is to be completed during
applicable class time on April 18, 2019. You may use (1) class notes, either in electronic format
or physical format, and (2) your textbook. You may not access the Internet or other Wide Area
Network except to the extent that you are accessing class notes. You may not discuss this test
with any person, natural or legal.
1. (3 points) What are the three essential prerequisites for formation of a contract?
i. ___________________________________
ii. ___________________________________
iii. ___________________________________
2. Aristotle loans Plato his abacus for the night and explains to Plato “you have been
such a good friend, you can use my abacus tonight and if you like it, I will let you buy it
from me for half of the price that I paid for it last week – $20.” Plato goes home and
realizes how much easier it is to solve complex geometric equations with the abacus. He
loves the abacus. The next day he returns to Plato’s house, knocks on the door and
shouts, “I’ve brought the twenty dollars.” Aristotle yells through the door, “I revoke.”
2a. (1 point) – Aristotle’s best argument that a contract was not formed is:
2b. (1 point) – Plato’s best argument that a contract was formed is:
Name:_______________________
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3. On the morning of the last game of the year, the owner of the Washington Redskins
offers the Redskins’ quarterback, Kirk Cousins, an additional $500,000.00 if the
Redskins win the game. There is no hope of any playoff opportunity. In the final game,
Cousins throws five touchdown passes and leads the Redskins to a miraculous victory.
The Redskins’ owner subsequently refuses to pay Cousins.
3a. (1 point) Cousins’ best argument that the owner must pay him is:
3b. (1 point) The owner’s best argument that he need not pay Cousins is:
4. (2 points) Bo sells his favorite car, the General Lee, to Uncle Jesse for $200.00. What
is the consideration for each party for the transaction?
Name:_______________________
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5. Chandler leases an apartment from Mr. Renterson for $1000/month. Chandler later
decides that he would rather purchase a house. Chandler asks Mr. Renterson if he can
sublease his apartment and Mr. Renterson agrees. Mr. Renterson finds Joey and
introduces Joey to Chandler. Joey agrees to sublease from Chandler for $800/month.
Joey moves into Chandler’s apartment and never pays the rent to either Mr. Renterson or
Chandler for the remaining three months of the lease. Chandler, argued that it was solely
Joey’s obligation to pay Mr. Renterson, and so Chandler refuses to pay Mr. Renterson the
remaining three months.
5a. (1 point) If Mr. Renterson sues Chandler, will Chandler owe Mr. Renterson any
damages for unpaid rent, and if so, how much?
(Circle) Yes/No $___________
5b. (1 point) If Chandler sues Joey, will Joey owe Chandler any damages for unpaid rent,
and if so, how much does Joey owe Chandler?
(Circle) Yes/No $___________
5c. (1 point) If Chandler wished to escape any further obligation to Mr. Renterson,
Chandler should have asked for a ___________________.
6. (1 point) What is a “good” under the U.C.C.?
7. (3 points) How can a purchaser accept a good under the U.C.C.?
Name:_______________________
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8. (2 points) Brutus goes to Cassius’ Knife Shop and explains to Cassius that he is
looking for a knife. Cassius asks about the type of knife that Brutus seeks. Brutus
explains that he has never purchased a knife, and requires one suitable to puncture the
ribcage of a spindly 50-year old. Cassius picks out a knife for Brutus, which Brutus
purchases. Later that day, Brutus attempts to stab Caesar and the knife blade bends. There
is an awkward silence and much to Brutus’ embarrassment, Casca must stab Caesar. May
Brutus sue Cassius for the return of the knife for his money? On what legal theory?
9. (1 point) What section of Article II of the U.C.C. seeks to solve the “battle of the
forms” problem?
10. (2 points) Noah has a boat that he wants to sell. Lot offers to buy Noah’s boat for
$500.00. Lot asks Noah if the boat is in good condition and Noah explains how it carried
him through a massive flood. Noah does sell the boat to Lot and Lot takes possession. In
fact, the boat has a rotten hull. Lot demands the return of his money. Result?
11. (2 points) Francisco Scaramanga owns a one-of-a kind golden gun. He orders 100
unique custom-made bullets for the gun from Midas, a gun maker. Midas does not
usually case bullets of gold, but of other materials. The price of the bullets is $1000.00.
Midas buys all the gold for the production of the bullets. Must the agreement be in
writing to be enforceable? Why?
Name:_______________________
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12. (2 points)
a. ____________________ file the articles of organization on behalf of LLCs.
b. _____________________ file the articles of incorporation on behalf of
corporations.
13. (1 point) You wish to start a corporation with the term “Tiger” in the trade name.
Provide one trade name with proper corporate indicia.
14. (2 point) A corporation has 10,000 outstanding shares. What is the least number of
shares that may be used to approve corporate action (assuming that the bylaws are silent
on the matter)?
15. (1 point) A principal must have _________________ capacity.
16. (3 points) What are the two duties of loyalty owed by a fiduciary to the principal?
i. _______________
ii. _______________
17. (2 points) Degas and Papillion form a ship construction partnership. Degas
contributes $2,000.00 and Papillion contributes $1,000.00, but Papillion builds most of
the boats. The partnership lasts for 10 years, and the partnership bank account includes
$10000.00. Papillion decides to escape the boat-building business and seeks to dissolve
the partnership. The partnership company has debts of $8000. With how much money
does each partner walk away?
Name:_______________________
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18. (1 point) Describe in detail the formalities required by a state in forming a general
partnership.
19. (3 points) Sherlock offers to solve crimes for Scotland Yard for $20.00 per case.
Scotland Yard agrees and retains Sherlock immediately. When Sherlock arrives at the
crime scene, he immediately concludes that Moriarty was involved in the crime. Moriarty
has a reputation for being mean, so Sherlock after putting away his magnifying glass runs
off down the street and refuses to answer his door for a week. Scotland Yard is forced to
hire Watson at the higher rate of $25.00 to solve the case, which he does. Scotland Yard,
who never paid Sherlock, sues him for breach of contract.
The Court should award Scotland Yard $________ in ________________* damages.
(*This is the public policy basis of contract damages).
If Scotland Yard had gone to a Court seeking an injunction ordering Sherlock to continue
investigating the case, would the Court (if it applied American law) under any
circumstances have agreed with Scotland Yard’s legal theory?
20. Tyrone and Rufus jointly run a business, TR Ventures, LLC (“TRV”)selling satellites
to NASA. The most recent satellite that TRV sold to NASA fell out of the sky and onto
the unsuspecting head of Rudy. Rudy sues TRV for reimbursement of his hospital bills
totaling $500.00. The entities have the following in their bank accounts:
Tryone: $1,000.00
Rufus: $1,000.00
TRV: $200.00
(a) If TRV dissolves upon the failure of its satellite, the money that Rudy will be awarded
as a judgment by a court is: $_________
(b) Same question, except that TRV is TR Venture Partners, a general partnership. If
TRV dissolves upon the failure of its satellite, the money that Rudy will be awarded as a
judgment by a court is: $__________

Civil homework help