Chapter 11

Topics: Contract, Law, Common law Pages: 4 (851 words) Published: March 26, 2015
Student name:
Ihtishaam Ali
Date submitted:

Chapter Review Questions
Questions are at the end of each chapter under the “For Review” heading

Consideration is an essential element in the formation of any contract not by deed. To be valid the consideration must be real and genuine
Promises to make gifts for charitable or educational purposes are often enforced, despite absence of consideration. 3.

It must be for a reasonable period, not excessive in duration and geographic restriction must be reasonable must be to protect legitimate business interests

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—...
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