Contract Delegation And Enforcement

Summary

The contract between Pizza of Gaithersburg and Virginia Coffee is governed by common law due to its service nature. Delegation by Virginia Coffee to Macke Co. May be improper because of a special interest in personal performance by Virginia Coffees president. In the case of Norvs alleged oral contract with BMW, the Battle of the forms principle applies. A non-compete clause in a business sale contract is likely unenforceable if not limited in scope, duration, and geography. An aunts promise to pay her nephew is unenforceable as it lacks consideration. Marshall, a minor at the time of signing a lease, may disaffirm the contract within a reasonable time after reaching the age of majority. Jades lawsuit against Kim is a civil case concerning a contract dispute.

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Flag question: Question * Question * * pts Same pizza scenario from above: Was the delegation legal? Group of answer choices No because the contract didn't say they could delegate No because there was a special interest in personal performance Yes because there was a novation Yes because the contract did not prohibit such delegation
Based on the scenario provided, it appears there is a strong argument that the delegation was not legal due to the special interest in personal performance. This is because the contract involved a close working relationship with the president of Virginia Coffee.
Do you need more information or have any follow-up questions regarding contract law or delegation?
Norv owned a Ford dealership and wanted to expand by obtaining a BMW outlet. He spoke with Jackson and other BMW executives on several occasions. Norv now claims that those discussions resulted in an oral contract that requires BMW to grant him a franchise, but the company disagrees. Norv’s strongest evidence of a contract is the fact that Jackson gave him forms on which to order BMWs. Jackson answered that it was his standard practice to give such forms to prospective dealers, so that if the franchise were approved, car orders could be processed quickly. What priniciple does their use of pre-printed forms bring to mind? Group of answer choices UCC Merchant's exception Battle of the forms Merchantability
The principle that their use of pre-printed forms brings to mind is the "Battle of the forms". This concept arises when businesses exchange pre-printed forms with conflicting terms, often leading to disputes about which terms govern the contract.
Do you need more information about the battle of the forms or any other aspect of contract law?
The purchaser of a business insisted on putting this clause in the sales contract: The seller would not work for anyone else, for five years, “anywhere in the United States, the continent of North America, or anywhere else on Earth.” Group of answer choices This is an adhesion contract This is a valid exculpatory clause This is an invalid limitation of liability clause This will likely be unenforceable because it is not limited in scope, duration, and geography
The clause you mentioned will likely be unenforceable because it is not limited in scope, duration, and geography. In California, non-compete clauses must be reasonable in scope, duration, and geographic limitation to be enforceable.
Do you need more information about non-compete clauses or any other aspect of contract law?
Question * * pts An aunt saw her eight-year-old nephew enter the room, remarked what a nice boy he was, and said, “I would like to take care of him now.” She promptly wrote a note, promising to pay the boy $*,* upon her death as long as he doesn't commit crimes. Her estate refused to pay. Is it obligated to do so? Group of answer choices No Yes Flag question: Question * Question * * pts Same scenario above with the aunt-- What is the strongest argument against the aunt's estate having to pay? Group of answer choices Unconscionability She is deceased He is a minor Preexisting duty rule
*. Question *: The aunt's estate is not obligated to pay. Such promises are generally considered gifts, which require consideration (something of value exchanged) to be enforceable.
*. Question *: The strongest argument against the aunt's estate having to pay is the preexisting duty rule. The nephew did not provide any new consideration in return for the aunt's promise.
Do you have any further questions about this scenario or need clarification on any other legal matter?
Question * * pts John Marshall and Kirsten Fletcher decided to live together. They leased an apartment for nine months, each agreeing to pay one-half of the rent. When he signed the lease, Marshall was *. Shortly after signing the lease, Marshall turned *, and two weeks later, he moved into the apartment. He paid his half of the rent for the first month and then moved out because he and Fletcher were not getting along. Fletcher sued Marshall for one-half of the monthly rent for the remainder of the lease. Is Marshall required to pay? Group of answer choices No if he disaffirmed the contract within a reasonable time of him turning the age of majority No because they were not getting along Yes because minors can never disaffirm once they are the age of majority Yes because they had a valid agreement
Marshall may have a valid defense if he disaffirmed the contract within a reasonable time after turning *. Minors have the right to disaffirm contracts within a reasonable period after reaching the age of majority.
Do you need more information on the process of disaffirming a contract or other possible defenses Marshall might use?
Flag question: Question * Question * * pts Same scenario with John and Kirsten-- What defenses might Marshall use to defend this suit? Group of answer choices He was a minor Failure to mitigate damages There was no consideration Both A and B Flag question: Question * Question * * pts Same scenario with John and Kirsten-- What type of lease are they in? Group of answer choices Tenancy at sufferance At will Term of years Periodic
Marshall can use the following defenses:
- He was a minor when the contract was signed.
- Failure to mitigate damages by Kirsten.
The lease type for a nine-month period with agreed rent payments is typically a Term of years.
Do you need more details on any of these points?
ade sued Kim, claiming that Kim promised to hire her as an in-store model for $*,* per week for eight weeks. Kim denied making the promise, and the jury was persuaded: Kim won. Jade has appealed, and now she offers Steve as a witness at the appellate court. Jade wants Steve to testify to the appeals court that he saw Kim hire Jade as a model, exactly as Jade claimed. What type of case is this? Group of answer choices Criminal Civil
This is a civil case. Jade's lawsuit against Kim pertains to a contract dispute over an employment promise.
Do you need more information on the appeals process or any other aspect of civil cases?