MGT401 test 2

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?