Exam 51: Contracts and E Contracts

NONDISCLOSURE AGREEMENTS A court is most likely to enforce a nondisclosure agreement that requires the parties to keep silent about settlements involving sexual harassment if

Foo pretends to be "Ghee" online, fooling Haruo into believing that Ghee is his friend. Haruo can recover damages from Foo for the hoax on the ground of fraudulent misrepresentation if

Event Marketing LLC and Family Restaurant Inc. engage in an instant-messaging conversation while discussing an existing contract. Event suggests a modification-an increase in fees. Family asks about an increase in service. Event replies, "No limits!" Family responds, "Great!" As a modification of the parties' contract, this chat is most likely

Shu Ltd. and Tech Inc. negotiate a joint venture to do business in Asia. The parties anticipate sharing intellectual property, including trade secrets, as part of the deal. To keep the information confidential, the parties should enter into a nondisclosure agreement that is

Citrus Orchard contracts to deliver a crop of oranges to Dairy Mart. An unexpected freeze destroys the oranges in the orchard. Dairy insists that Citrus deliver by acquiring the oranges on the open market. Citrus claims that this is prohibitively expensive. The best argument against enforcing the contract is

Rolf pretends to be "Svetlana" online, fooling Tor into believing that Svetlana is his friend. When Tor learns the truth, he is embarrassed and feels humiliated. But he cannot recover damages because he cannot prove an actual injury, which is a requirement for recovery in these circumstances on the ground of

Rural Holdings LLC contracts with Sweetwater Homes to sell real property that, unknown to either party, has groundwater contaminated from adjacent land occupied several decades earlier by Toxic Products Inc. When this is discovered, Rural asserts the doctrine of commercial impracticability. This doctrine applies only when, with respect to an event that renders performance impossible, at the time the contract was formed the parties

A court is most likely to enforce a nondisclosure agreement that

Tran and Ubie exchange offers and counteroffers via e-mail. These exchanges can constitute a valid contract

Data Company wants to prohibit its employees from disclosing the firm's proprietary information except in the course of their employment and for the employer's benefit. Data could attain this result with