Blaw practice questions

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Questions and Answers

Why was Woodfield's arbitration agreement considered illusory?

It was too vague.

It was not written down.

It lacked a witness signature.

It excluded the dealership from arbitration. (correct)

What is necessary for a promise to be enforceable under promissory estoppel?

Presence of a written contract.

Clear promise, reasonable reliance, and substantial change. (correct)

Mutual agreement between parties.

Involvement of legal counsel at the time of agreement.

Which of the following describes a void contract?

A contract that can be ratified.

A contract that is binding unless canceled.

A contract that is enforceable at the discretion of both parties.

A contract that is completely unenforceable. (correct)

What differentiates a voidable contract from a void contract?

Voidable contracts can be canceled by one party. Signup and view all the answers

Under what condition is a gift promise generally enforceable?

When there is clear intent to give and delivery has occurred. Signup and view all the answers

What capacity relates specifically to entering into contracts?

Mental capacity. Signup and view all the answers

Which of the following best describes a minor's ability to form contracts?

Minors can form contracts, but they are voidable. Signup and view all the answers

What is required for a written promise to potentially be enforceable?

It must state an intention to be legally bound. Signup and view all the answers

What type of employees are considered contract employees and not at-will employees?

Union employees Signup and view all the answers

How can collective bargaining impact employees?

It provides employees with more power together. Signup and view all the answers

What is one consequence of a union having too much power?

Impediment to economic progress. Signup and view all the answers

What percentage of private employees are currently unionized in the US?

6% Signup and view all the answers

What does 'good faith bargaining' refer to?

A legal obligation to negotiate sincerely. Signup and view all the answers

What can happen during a strike according to economic reasons?

Higher-ups can replace striking workers. Signup and view all the answers

Which of the following is an option of unfair labor practice strikes?

Striking due to illegal treatment. Signup and view all the answers

What does the Taft-Hartley Act allow regarding strikes?

Mandated cooling-off periods for strikes affecting the nation. Signup and view all the answers

Which of the following practices is always considered illegal under federal law?

Price fixing among competitors Signup and view all the answers

What must a covenant not to compete contain to be considered reasonable?

Limitations on time, geography, and scope of employment Signup and view all the answers

Under which condition are exculpatory clauses allowed in contracts?

When the risk is clearly stated and voluntarily accepted Signup and view all the answers

Which type of unconscionability concerns extremely unfair terms?

Substantive unconscionability Signup and view all the answers

What characterizes adhesion contracts?

Take it or leave it agreements with no choice Signup and view all the answers

Which of the following actions would result in a violation of antitrust laws?

Competitors setting a uniform price for a product Signup and view all the answers

What is one of the requirements for courts to enforce a covenant not to compete?

Reasonableness in restriction on employment Signup and view all the answers

Which of the following scenarios would likely be classified as procedural unconscionability?

A take it or leave it contract with unfair terms Signup and view all the answers

What are employers prohibited from using to oppose unionization?

Unfair labor practices such as intimidation Signup and view all the answers

What do 'Right to Work' laws allow employees to do?

Enjoy union benefits without paying dues Signup and view all the answers

What significant change did the Janus v. AFSCME case bring to public sector unions?

Public employees can no longer be required to pay union fees as a condition of employment Signup and view all the answers

What is one tactic of union busting that employers are not allowed to employ?

Closing facilities to deter unionization Signup and view all the answers

What does an agency shop require from employees?

Paying at least partial union fees even if not a member Signup and view all the answers

What was the outcome of the NLRB cases against Starbucks and Amazon?

They faced allegations of anti-union intimidation Signup and view all the answers

What does a union security agreement stipulate?

Employees must pay fees irrespective of their union membership status Signup and view all the answers

What was the precedent set by the court ruling in 2018 regarding mandatory union fees?

It stated that forcing employees to pay dues violates First Amendment rights Signup and view all the answers

What rule states that acceptance must exactly match the offer?

Mirror Image Rule Signup and view all the answers

Under the UCC, which of the following situations allows merchants to add extra terms to a contract?

If the new terms are not rejected Signup and view all the answers

When is acceptance of a unilateral contract considered effective?

When the performance is completed Signup and view all the answers

What is the primary characteristic of the Mailbox Rule?

Acceptance is effective when sent Signup and view all the answers

Which of the following is NOT a way to accept terms of service?

Reading the terms without interaction Signup and view all the answers

Silence may be considered acceptance when which condition is met?

The offeree benefits from the offer Signup and view all the answers

What must occur for acceptance of a contract to be effective under the UCC?

The acceptance can have different terms as long as they're not materially altering Signup and view all the answers

Which of the following statements about revocation and rejection is true?

Revocation and rejection are effective when received Signup and view all the answers

What is required to establish a valid contract regarding offers?

The offer must demonstrate serious intent and be communicated to the offeree. Signup and view all the answers

Under what conditions can an offer not be enforced in a contract?

When the offer becomes impossible to perform. Signup and view all the answers

Which of the following is NOT typically considered a valid offer?

A conversation about the possibility of renting a venue. Signup and view all the answers

Which statement describes the definiteness requirement for a valid offer?

Terms must be clear enough to enforce the agreement. Signup and view all the answers

What is true about advertisements in legal terms?

They are invitations to make an offer, not legally binding offers. Signup and view all the answers

How does the UCC affect the requirement of a valid offer in the sale of goods?

Quantity must always be specified in the offer. Signup and view all the answers

Which of the following best describes communication in the context of a legal offer?

The offeree must be made aware of the offer to act upon it. Signup and view all the answers

What is one example of a situation where an employer cannot enforce a voting agreement?

If the employee is coerced into the agreement. Signup and view all the answers

Study Notes

November 14

Unions have changed over time, with employees now having more protections in contracts than previously.
Union employees are not at-will employees; they have explicit contracts, unlike non-union employees.
Union membership in the US is currently low (only 10% of US employees are unionized, 6% of private employees).
Government employment has a higher unionization rate (35% currently).

Rules for Working with Unions

Strikes can be used as a way of influencing shareholders.
Replacement workers can be hired during a strike.
Plant closings can happen during strikes.
Lockouts can happen when employees strike, preventing them from working and receiving appropriate wages, hours, and vacation time.
Unfair Labor Practice Strikes can happen if workers feel illegally treated.
Taft-Hartley Act involved an 80 day pause during strikes to reduce their impact.

Contract Negotiations

Good faith bargaining is a legal obligation for employers and unions, who must meet and negotiate to reach a mutual agreement.
Mandatory clauses (hours, vacation, benefits) have to be discussed during contract negotiations.
Permissive clauses (break room, more unnecessary things) are up to discussion during contract negotiations.

Hispanics United of Buffalo

Providing services for people who are disadvantaged.
Cole-Rivera and Cruz-Moore were employees and complained that the advisors were treating clients poorly.
Complaints were written on social media, fired the employees and the NLRB found this to be illegal.

National Labor Relations Board

It is an independent government agency that is not under the direct control of the president.
Not government employees, ag labourers, domestic workers, or employees of a spouse or parent
Has quasi-judicial authority.

November 19

Contracts are sets of promises for which the law provides a remedy.
Contracts are enforceable in society.
Contracts come from common law (court decisions) and statutory law (state laws).

November 21

An offer remains open until accepted or terminated.
Termination can be by the parties (revocation, rejection, counteroffer) or by law (lapse of time, illegality, destruction of the subject matter).
Acceptance must be a mirror image of the offer.

November 21 continued

UCC exceptions: Under the UCC, merchants can add extra terms to the offer unless those terms are rejected, limited, or change the agreement materially.
Silence is usually not acceptance except

When prior dealings suggest an agreement through silence
When the offeree accepts the offer's benefits

Communication of acceptance is needed in bilateral contracts vs. unilateral contracts.

December 10

If a contract is illegal, the consequences are usually void (treated as never having existed).
When a contract is voidable, a party can cancel it if one particular condition is met (ex.
Unjust pressure exerted).
To form a valid contract, the elements are: offer and acceptance (clear intent, words, actions), consideration (exchange of something of value), capacity (ability to enter into contract), and legality.

December 5

General definition of capacity: mental ability to understand the nature and effects of one's actions.
Contracts with individuals lacking capacity are voidable (can be canceled by the individual lacking the capacity).
Specific categories of individuals lacking capacity include minors, and people lacking mental capacity (incapacitated).
Minors can disaffirm (cancel) contracts, but their contracts for necessaries (food, housing) are not voidable.

December 12, 2024

Contract discharge: complete performance (parties meet their obligations), substantial performance (performance may be close to perfect but not complete), and material breach (not meeting obligations).
Conditions: Condition precedent (must occur before performance begins) and condition concurrent must be met for performance to begin.

December 12, 2024 continued

Discharge by agreement: novation (substitute agreement), and rescission (cancellation).
Discharge by operation of law: impossibility, impracticability, and frustration of purpose.

December 19

Exculpatory clauses: terms that release one party from liability (allowed if reasonable and voluntarily accepted).
Procedural unconscionability: adhesion contracts where one party has no choice; terms are unfair.
Mistake: occurs when a mistake that is material to a contract is made by one or both parties. Mistakes of fact can void a contract.

December 20

Statute of Frauds: contracts that must be in writing (sale of land, contracts for over a year, sale of goods worth $500 or more).
Exceptions: partial performance, admissions, and detrimental reliance.
Merchant's written confirmation (enforceable in some states).

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