Instructions: Select the best answer choice for each question and justify your choice in 2-3 sentences, citing authority from your course materials.
6. Don promised to buy his girlfriend, Sophie, a new car so Sophie sold her old car. Don now refuses to buy Sophie the car. Sophie has a job that requires her to have a car to get to work. If Sophie sues Don to enforce the promise, the likely result is that the promise will:
a) Be enforced under promissory estoppel because Sophie reasonably relied on Don's promise, to her detriment.
b) Not be enforced because Sophie received money from the sale of her old car; if she also received the new car from Don, she would be unjustly enriched.
c) Be enforced because the car is a necessity for Sophie and all contracts for necessities are binding and enforceable for all parties even if contract formation is flawed.
d) Not be enforced as Don’s promise was a gift to Sophie; Sophie gave consideration, but Don did not.
7. Fine Art Corp. sent a written offer to buy 10,000 pencils for a total of $10,000 from Faber Pencil Co. Both parties are merchants. Faber can accept the offer by:
a) Promising to ship the pencils.
b) Promptly shipping the pencils.
c) Accepting the offer on Faber’s own written standard form contract.
d) All of the above could be valid acceptance.
8. Fay was admitted to Global Associates, an existing general partnership on January, 2014. In August, 2014, a partnership debt that was incurred in October, 2013 came due. Fay is:
a) Not liable for the debt because the debt was incurred prior to her joining the partnership.
b) Only liable for the debt up to the amount of her capital contribution to the partnership.
c) Personally liable only for 50% of the total debt if 50% of the other partners do not pay.
d) Personally liable for the full extent of the debt if the other partners do not pay.
9. Kelly, Lars and Mona agreed to be partners in Neighborhood Deliveries (ND), all splitting the profits equally. Kelly contributed 70% of the capital upon formation of the partnership. Later, the partners agreed to dissolve the partnership as it was not as profitable as they had expected, and its liabilities were greater than its assets.
The losses are paid by:
a) All the partners in proportion to their capital contributions.
b) All the partners in proportion to their share of the profits.
c) Kelly alone because she contributed the most capital.
d) Lars and Mona because they contributed the least amount of capital.
10. Jim and Kiley are architects and general partners of JK Designs. Jim and Kiley supervise Luc, an employee of JK Designs. As partners, Jim and Kiley
a) Are personally liable for any/all tort(s) committed by Luc.
b) May be liable for malpractice, but not torts, committed by Luc while Luc is working within the scope of his job at JK.
c) May be liable for torts committed by Luc while Luc is working within the scope of his job at JK.
d) Have no liability for any torts committed by Luc at any time.