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Quasi-Contractual Action
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Quasi-Contractual Action, Tutors, Contract, Plaintiff, Business Law Final Exam

The key terms in this Business Law course include Employer, Employee, Contractual, Tutors, Contract, Offer, Plaintiff, Quasi-Contractual Action, Defendant, Consideration, Mutual rescission, Damages, Breach, Business Law Final Exam


____ 1. The plaintiff in a quasi-contractual action can recover:

a. lost profits.

b. damages for mental distress.

c. the reasonable value of the benefit conferred upon the defendant.

d. for all the damages sustained.


____ 2. If the parties to a contract agree to undo the agreement and return any consideration involved, the contract is

discharged by:

a. waiver.

b. mutual rescission.

c. breach.

d. cancellation.


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Sam Student had borrowed $1,000 from his cousin. Sam and the cousin became involved in a heated disagreement when the cousin began to press Sam for repayment of the loan. Finally, Sam wrote a check for $200 to the cousin and conspicuously wrote on the check in big letters that it was full and final payment for the $1,000 loan. In need of money, the cousin cashed the check and demanded the other $800 from Sam. Sam refused to pay, stating that they had entered into an accord and satisfaction that discharged Sam’s obligation to pay anything more. The cousin sued Sam. Discuss the probable outcome.

Tom Creighton hired Destroy Inc., a demolition company, to level an old building on a busy downtown lot. Destroy Inc. was given full rein to decide on the amount of explosives needed and the placement of the charges. Security for the site on the day of the explosion was contracted out to a private security firm. When the appointed day arrived, the building was brought down. However, the building fell in a slightly different direction than that anticipated by Destroy Inc. Numerous pieces of adjoining property, both real and personal, were severely damaged. Creighton claims that the use of an independent contractor such as Destroy has insulated him from liability. How do you respond to Creighton’s claim?

Joe Swartz, an employee of Acme Company, worked for months during company time and used Acme’s equipment to develop an idea that he had been nurturing. Finally, the idea came to fruition. Swartz’s employer laid claim to the invention on the grounds that the firm’s equipment had been utilized on company time. Swartz had obtained a patent on the invention and claimed that his employer had no rights to the invention at all. Who is right? How could an employer guard against such arguments in the future? 

Jacob just won the state lottery. Discuss his right to privacy

Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

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