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MGT401 test 2




Question;Essay 1;One of the elements necessary for a contract to be binding;is the element of mutual assent. The most common way to show mutual assent is;through evidence of an offer and acceptance. John Smith would like to sell his;1999 two door Honda Civic that has 100,000 miles on it to Martha Williams for;$5,000. Based on the factual situation;1.;Finish writing a unilateral offer that if accepted would be;binding on both parties: I, John Smith, hereby offer to sell to Martha Williams;a;2.;What does john have to do to satisfy his duties under the;contract?;3.;Explain the legal concept of proximate cause used by Justice;Cardozo in the Palsgraf case. Please do not copy something off the internet.;The court case is in Angel and assigned for you to read.;4.;Lance has a contract with Smith to resurface a driveway at;Smith?s residence. Lance by mistake stops at the residence of Jones and;resurfaces Jones' driveway. Jones lives next door to Smith and knows that Lance;is at the wrong residence. Jones, however, says nothing and watches while Lance;resurfaces his driveway. Is Jones under any contractual obligation to pay Lance;for resurfacing his driveway? Explain the legal rationale for your answer.;Manual applied for a variance from the local zoning;ordinance in order to build a building. His neighbor Sandra appeared before the;zoning board to speak in opposition to the application. At the hearing, Sandra;testified under oath and made several untruthful statements regarding Manuel's;character which she believed, but which were not correct. The variance was;denied by a 7-0 vote of the board. Manuel is now considering a lawsuit against;Sandra for slander.;5.;Does Manuel have a valid cause of action for slander against;Sandra? Cover each element that he must prove to win a case of slander?;Essay 5;You were checking your text messages while driving and drove;off the side of the road, hit the mailbox of Fred Smith and destroyed it. Your;car continued through his yard and into his bedroom where Fred and his wife;Ethel were sleeping. Both Fred and Ethel were injured seriously.;6.;Will you be liable to Fred and Ethel for;negligence? Explain your answer.;7 What kind of damages;will you have to pay for as a result of the negligence?


Paper#58975 | Written in 18-Jul-2015

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