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Contracts that have been executed on one side

a.can be rescinded only if the party who has performed receivesconsideration to call off the deal.

b.are deemed to be completely unexecuted.

c.cannot be amended.

d.can only be amended by the party who has executed thecontract.

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Collen Von
Collen VonLv2
28 Sep 2019

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Legal Environment of Business True/False

11) As a result of the Patient Protection and Affordable Care Act, a greater number of Americans are covered by health insurance. 11) ______

12) In a federal court, the party who is dissatisfied with a jury's verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict. 12) ______

13) Class-action suits in federal courts are most likely to be settled on a classwide basis only if the settlement's terms are fair and equitable and only if all of the class certification requirements for trial have been met. 13) ______

14) All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases. 14) ______

15) The trial judge renders decisions that deal directly with people in conflict. 15) ______

Golding Pty Ltd operates a gold valuation business in Ballarat. It has three directors: George, Bess and Xian. George had signed a mortgage and guarantee in favour of Big Bank Ltd on behalf of Golding Pty Ltd. The guarantee secured a personal loan made by Big Bank Ltd to George. The mortgage was over Golding Pty Ltd’s land in Mt Clear. Both documents were signed by George and appeared to have been signed by Bess. However, George had forged Bess’s signatures on the documents and Bess was completely unaware of the transaction.

Golding Pty Ltd’s constitution provided that such loan agreements could only be executed if authorized by directors’ resolution. No such resolution had occurred, and indeed neither Bess nor Xian knew about the personal loan, the mortgage or the guarantee.

Big Bank Ltd had not undertaken searches to determine whether George and Bess were directors of Golding Pty Ltd prior to accepting the mortgage and guarantee as security and making the loan to George.

George has failed to repay the loan and has now left Australia. Big Bank Ltd is attempting to enforce the guarantee and mortgage against Golding Pty Ltd.

Required:
Discuss whether Big Bank Ltd can enforce the guarantee and mortgage (contracts) against Golding Pty Ltd

REVIEW QUESTIONS – Chapter 5

1. In federal courts, discovery requests may be directed to ____________.

a. Only parties to the lawsuit.

b. Only parties joined to the lawsuit, as approved by the court.

c. Parties and nonparties to the lawsuit.

d. None of the above.

2. Which of the following is not one of the four major types of discovery tools?

a. Requests for admissions.

b. Interrogatories.

c. Depositions.

d. All of the above are major types of discovery tools.

3. Which of the following statements is true regarding witness lists?

a. Their production does not require a discovery request.

b. Their production requires a subpoena.

c. Their production requires court approval.

d. None of the above.

4. Which of the following may not be commanded by a subpoena?

a. Testimony.

b. The production of documents.

c. Seizing of documents.

d. All of the above may be commanded by a subpoena.

5. High Quality Products Inc. files a suit against National Software Corporation. Mike is a witness for High Quality. Jim is a witness for National Software. High Quality may direct interrogatories to ____________.

a. National Software only.

b. Jim only.

c. National Software or Jim only.

d. National Software, Jim, or Mike.

e. None of the above.

6. In Ron’s suit against Second National Bank, the discovery phase would include all of the following except ____________.

a. Ron’s complaint.

b. Ron’s deposition.

c. Ron’s request for Second National’s admissions.

d. Second National’s replies to Ron’s interrogatories.

e. None of the above.

7. Home Appliances Inc. files suit against H.H. Jones Corporation over a contract between them. Before the trial starts, what can H.H. Jones obtain from Home Appliances?

a. Access to related documents in Home’s possession.

b. Accurate information about Home’s trade secrets.

c. An admission of truth of matters unrelated to the contract.

d. All of the above.

e. None of the above.

8. Abusive tactics are fostered by the court system because ____________.

a. Attorneys know that lawyers are given only one opportunity to comply with discovery requests.

b. Lawyers have an incentive to increase discovery costs as they can bill their clients for more hours worked.

c. No penalties exist whatsoever for using abusive tactics.

d. None of the above.

9. The FRCP allows each party up to 10 depositions ____________.

a. To be taken however the party sees fit.

b. To be computed discretely allowing for the fact that a witness’s deposition may be taken more than once.

c. To be calculated cumulatively for plaintiffs, defendants, and third-party defendants.

d. As long as they are taken in a one-year time span.

e. None of the above.

10. If a party refuses to answer an interrogatory, the opposing party may file a motion to compel an answer. A motion to compel an answer ____________.

a. Will be granted if the moving party shows the answer is necessary to prepare for trial.

b. May be denied if the question asked is subject to a timely and valid objection.

c. May be denied if the question asked is an invasion of privacy of the other party.

d. Will be granted if the opposing party does not file a motion to refuse to respond.

e. None of the above.

11. Tom worked for a messenger service owned by Dalton. While Tom was driving a Dalton-owned vehicle on business in Miami, he hit and injured Pedro, a pedestrian who resides in Alabama. Pedro brought a diversity action against Dalton in federal court in Florida on a theory of respondeat superior (principal-agent). Personal service was properly made, pursuant to FRCP 4(e)(2), on Dalton, a Florida resident. Dalton now wishes to implead Tom as a third-party defendant (if Dalton is held liable to Pedro, Dalton will be entitled to indemnity from Tom). Tom is a resident of Puerto Rico and lives in San Juan, a two-hour flight from Miami. Dalton caused a licensed process server to serve Tom personally at Tom’s home in San Juan. Assume that Florida has no longarm statute allowing state-court jurisdiction over any defendant who cannot be physically found with Florida. Does the Florida federal court have personal jurisdiction over Dalton’s third-party claim against Tom?

a. Yes, because Tom was a third-party defendant who was served within 100 miles of the federal courthouse.

b. No, because there is no Florida long-arm statute that would authorize state-court jurisdiction over Tom.

c. Yes, because service was properly made on Dalton within Florida, the state or district where the federal suit is pending.

d. Yes, because Pedro, Dalton, and Tom are all citizens of different states or districts.

e. None of the above

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