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law homework 1104

11.  Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt.  Colt sued Roxy in a Wyoming court for damages to his store.   Will the Wyoming court likely be able to exercise jurisdiction over Roxy? a)  No, because Wyoming has no in personam (personal) jurisdiction over Roxy, and cannot exercise its long arm statute only in cases involving automobile accidents. b)  No, because Wyoming has no in personam jurisdiction over Roxy, and cannot justify minimum contacts in this case.   c)  Yes, Wyoming can exercise jurisdiction in this case because there is a federal question involved due to the diversity of citizenship between the parties. d)  Yes, because Wyoming can assert in personam jurisdiction over Roxy under the minimum contacts test.   12.  Assume that Virginia enacted a law prohibiting, until further notice, all grocery stores in Virginia from selling all powdered spices manufactured in, or shipped from, Maryland.  This law was enacted because it was discovered that the spices recently manufactured in Maryland were infected with bacteria.  Determine the constitutionality of the Maryland statute.  The statute is: a)  Unconstitutional; it violates grocery store owners’ substantive and procedural due process rights under the 5th and 14th Amendments because they are private businesses. b)  Unconstitutional; the statute imposes an undue burden on interstate commerce. c)  Constitutional; it is a valid exercise of Maryland’s police power. d)  Constitutional; the statute involves the sale of goods which is valid under UCC rules, thus, the state constitution does not apply.   13.  Pete, who collects antique cars, hired Ann as his agent to find and purchase a 1965 Ford Mustang on his behalf.  Ann found a Mustang just like Pete wanted, but Ann fell in love with the car and purchased it for herself. Which of the following illustrates Ann’s liability, if any, in her duty as agent to Pete in this situation? a) Ann has not violated the duty of loyalty to Pete; she can find another Mustang for him.   b) Ann has not engaged in self-dealing because she did not purchase the Mustang with Pete’s funds.   c) Ann usurped an opportunity for Pete, but has not violated the duty of loyalty to Pete by competing with Pete’s interests.    d)    Ann violated the duty of loyalty to Pete by competing with Pete’s interests, and has usurped an opportunity for Pete.   14.       Leon, a bank vice president, joined Fitness Center, Inc. (FC).  He signed a contract stating, among other things, an exculpatory clause that FC…“shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to Member’s use of facilities or participation in any sport, exercise or activity within the club premises…” Leon sustained head injuries when a treadmill on which he was walking collapsed at FC.  Leon sued FC for his injuries.  The court most likely will rule: a)      In favor of Leon because the exculpatory clause is against public policy.   b)     In favor of Leon because the exculpatory clause is too broad in scope.   c)      In favor of FC because the exculpatory clause is not unconscionable under the circumstances.   d)     In favor of FC because it had a valid enforceable contract with Leon as Leon knowingly signed the contract. FC made the contract with Leon that they are not liable for any damages or injuries or death in activity within the club premises. Then how Leon taken this issue to the court, the result will be unfavor of Leon.   15.)  Sam orally agreed to sell Jamie some land for $500,000. Jamie paid Sam the $500,000; Sam gave Jamie the deed to the land. Jamie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Jamie to invalidate the contract and retake the land. The court will likely conclude that Sam will: a)  Win; the sale exceeded $500 so the contract must be written to be valid under the Statute of Frauds. b)  Win; all land sales contracts must be written. c)  Lose; because the contract was fully executed Sam cannot rescind the contract. d)   Lose; because Jamie had begun building a cabin on the property, Sam cannot rescind the contract.  

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