Chapter 11
Student name:
Ihtishaam Ali
Date submitted:
3/1/15
Chapter:
11
Chapter Review Questions
Questions are at the end of each chapter under the “For Review” heading
1.
Consideration is an essential element in the formation of any contract not by deed.
To be valid the consideration must be real and genuine
2.
Promises to make gifts for charitable or educational purposes are often enforced, despite absence of consideration.
3.
No
4.
It must be for a reasonable period, not excessive in duration and geographic restriction must be reasonable must be to protect legitimate business interests
5.
Exculpatory clause - one that attempts to release you from liability in the event of injury to another party
Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading
Case Problem number/page:
11-3 303
Case Name—List the names of the plaintiff and defendant.
Access Organics vs. Hernandez
Facts—Describe the relevant facts of the case in order of their importance.
Access made a deal with Hernandez not to compete within two years of termination
Hernandez was not offered anything extra
Hernandez started competing with Access
Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
Will this be considered a contract since Hernandez was not offered anything for the contract. He also left voluntarily
Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Requirements of an offer – page 258
The party that receives the offer is known as the offeree. If the offeree accepts the offer, the two parties are considered to be in agreement.
Analysis—Describe how the law applies to the facts of the case. Give both sides.
In favor of plaintiff—
The offer was accepted and hence a contract exists
Ihtishaam Ali
Date submitted:
3/1/15
Chapter:
11
Chapter Review Questions
Questions are at the end of each chapter under the “For Review” heading
1.
Consideration is an essential element in the formation of any contract not by deed.
To be valid the consideration must be real and genuine
2.
Promises to make gifts for charitable or educational purposes are often enforced, despite absence of consideration.
3.
No
4.
It must be for a reasonable period, not excessive in duration and geographic restriction must be reasonable must be to protect legitimate business interests
5.
Exculpatory clause - one that attempts to release you from liability in the event of injury to another party
Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading
Case Problem number/page:
11-3 303
Case Name—List the names of the plaintiff and defendant.
Access Organics vs. Hernandez
Facts—Describe the relevant facts of the case in order of their importance.
Access made a deal with Hernandez not to compete within two years of termination
Hernandez was not offered anything extra
Hernandez started competing with Access
Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
Will this be considered a contract since Hernandez was not offered anything for the contract. He also left voluntarily
Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Requirements of an offer – page 258
The party that receives the offer is known as the offeree. If the offeree accepts the offer, the two parties are considered to be in agreement.
Analysis—Describe how the law applies to the facts of the case. Give both sides.
In favor of plaintiff—
The offer was accepted and hence a contract exists