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MGT401 Test 3 Essay Exam

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Question;Essay 1;1.;Ken, a;research chemist, has been promised a fellowship by a HEY Foundation with a;stipend of $10,000 to do research on synthetic fuel oil. Under the terms of the;fellowship, Ken is free to use the money as he sees fit. Ken decides to build;his own laboratory, so he will not have to rent one. He hires a carpenter who;begins working on shelving and cabinets in the laboratory. HEY Foundation knows;that Ken has started to build his laboratory.;Then Ken receives a telegram from HEY saying the fellowship has been;canceled. No reason is given for the cancellation. The HEY Foundation?s;attorney argues that since no work product is required from Ken, there was no;consideration for the fellowship and therefore it is a revocable contract by;HEY. Assume for your answer that there is in fact no enforceable contract due;to a lack of consideration. You must now;try to develop a legal argument to justify Ken being able to force HEY to;perform the terms of the agreement or pay damages. Make sure you write at least a paragraphs;explaining your answer. No one sentence;paragraphs!;HTML Editor;Essay 2;Philip Palmer is injured in an auto accident and rushed to;the emergency room of the Blanchard Valley Hospital. Before treating him, the;hospital requires Philip to sign a contract which contains the statement;I hereby agree to hold the Blanchard Valley Hospital and all of its;employees harmless for any injury sustained as a result the treatment of Philip;Palmer, no matter how such injury may be caused." Philip signs the;agreement. During treatment, a nurse injects Philip with the wrong medication;and it causes him to lose sight in one eye. Philip sues the hospital for;negligence in his treatment.;2.;What is the legal term for this type of clause in the;agreement?;HTML Editor;3.;Is the clause valid and legally enforceable so as to prevent;Philip from collecting damages from the Hospital? Explain your answer using;valid legal principles.;HTML Editor;4.;What if Philip was a minor when he signed the contract? Can;the Executor of Philip?s estate (His representative) avoid the contract based;upon the legal principles of capacity? Explain your answer using valid legal;principles.;HTML Editor;Essay 3;Earl and Fred go out for a night on the town and consume a;number of beers. The Tattoo World Inc. is located next door to the bar and the;two of them decide to get tattoos. Both Earl and Fred are visibly drunk when;they enter Tattoo World Inc., and yell ?Tatoo us!!!!!!? You are employed by;Tattoo World Inc. and on duty that night. It is your job to collect the money;from the customer and make sure the customer signs a contract for the services.;5.;If you get Earl and Fred each to sign the contract, have you;protected Tattoo World Inc.? Explain your answer completely using legal principles.;HTML Editor;6.;What should you do to protect Tattoo World? Explain your;answer completely using legal principles.;HTML Editor;7.;Assume the next morning that Earl wakes up, sees the Tattoo;and realizes it was a big mistake. He was so drunk he does not remember the;night before but finds a receipt from Tattoo World Inc. in his pocket. He;immediately calls Tattoo World Inc. and disaffirms the contract. What will be;the result? Explain your answer completely using legal principles.;HTML Editor;8.;Assume the next morning that Fred wakes up, sees the Tattoo;and realizes it was a big mistake. He was so drunk he does not remember the;night before but finds a receipt from Tattoo World Inc. in his pocket. For the;next couple weeks he shows his friends and shares a good laugh. After 3 weeks;he calls Tattoo World Inc. and disaffirms the contract. What will be the;result? Explain your answer completely using legal principles.;HTML Editor;Pick The Best Answers;9.;You are drafting an employment agreement to be used by XYZ;Company. XYZ Company is located in Ashland, Ohio. It provides surveying;services primarily in Ashland County. Your job is to give XYZ the greatest;protection but not have the agreement invalidated due to un-reasonable;restraint of trade. Check only the provisions below that will best accomplish;that goal. (hint: the best answer will have four of the provisions checked);A) During the term of this employment, the Employee shall;not directly or indirectly engage in any business that directly competes with;the Employer anywhere in the world.;B) During the term of this employment, the Employee shall;not directly or indirectly engage in any business that directly competes with;the Employer in the City of Ashland.;C) During the term of this employment, the Employee shall;not directly or indirectly engage in any business that directly competes with;the Employer during regular business hours.;D) For a period of five years after employment terminates;the Employee shall not directly or indirectly engage in any business that;directly competes with the Employer in the "Geographic Area" as;defined in this agreement.;E) For a period of two years after employment terminates;the Employee shall not directly or indirectly engage in any business that;directly competes with the Employer in the "Geographic Area" as;defined in this agreement.;F) For a period of four years after employment terminates;the Employee shall not directly or indirectly engage in any business that;directly competes with the Employer in the "Geographic Area" as;defined in this agreement.;G) The "Geographic Area" is defined as within;Ashland County.;H) The "Geographic Area" is defined as within the;continental United States.;I) The "Geographic Area" is defined as within a;half mile radius of the company's headquarters.;J) The Employee agrees to maintain the confidentiality of;all company trades secrets, customer information, and other proprietary;information and will not disclose such information during and after employment;terminates.

 

Paper#58982 | Written in 18-Jul-2015

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