Teresa and Kensington enter into an employment contract that contains an unenforceable arbitration clause. Teresasues Kensington, but Kensington wants the contract to remain effective. How can the court rule that the contract isstill valid?a. If the contract contains an integration clause, the court may delete the unenforceable clause and enforcethe rest of the contract.b. If the contract contains boilerplate, the court may delete the unenforceable clause and enforce the rest ofthe contract.C. If the contract contains a severability clause, the court may delete the unenforceable clause and enforcethe rest of the contract.d. If the contract contains representations and warranties, the court may delete the unenforceable clause andenforce the rest of the contract.

In this scenario, we are discussing a contractual issue between Teresa and Kensington. They have…

Answered: Teresa and Kensington enter into an…

Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

See similar textbooks

Similar questions

Subject - account Please help me. Thankyou.
Natalie believes her cell phone company has been charging her exccesive fees under her cell phone contract. She wishes to sue the cell phone company. However, her contract states she must submit any legal claims arising out of the contract to the arbitation. The arbitrator is a former employee of the cell phone company. The arbitrator sides with the cell phone company and awatds damges to the cell phone company in the amount of $60,000. Can Natalie change the decision of the arbitrator in court?
Explain the difference between a contractual breach and a lawful (tort) breach. Give examples of each. Discharge of a contract IS MOST COMMONLY ACHIEVED BY PERFORMANCE. Failure to do so may result in either party suing the other(s) for breach in court. Reflect on the options one will have when analyzing their options to sue. Under the law when a mistake has taken place when would the courts become involved? Under torts explain what is meant by an unconscionable transaction. Define the purpose of damages being awarded.
Which of the following health policy provisions states that the producer does NOT have the authority to change the policy or wave any of its provisions? O A Time Limit on Certain Defenses OB. OC OD. Reinstatement Entire Contract Change of Beneficiary MM QUATE Ahiler 372-256-906
Ronald D. Johnson is a former employee of International Business Machines Corporation (IBM). As part of a downsizing effort, IBM discharged Johnson. In exchange for an enhanced severance package, Johnson signed a written release and covenant not to sue IBM. IBM’s downsizing plan provided that surplus personnel were eligible to receive benefits, including outplacement assistance, career counseling, job retraining, and an enhanced separation allowance. These employees were eligible, at IBM’s discretion, to receive a separation allowance of two weeks’ pay. However, employees who signed a release could be eligible for an enhanced severance allowance equal to one week’s pay for each six months of accumulated service with a maximum of twenty-six weeks’ pay. Surplus employees could also apply for alternate, generally lower-paying, manufacturing positions. Johnson opted for the release and received the maximum twentysix weeks’ pay. He then alleged, among other claims, that IBM subjected him to…
Greg, a consumer in Tennessee, sent a purchase order to Campbell Manufacturing, a U.S. company, for a 4000 PSI gas pressure washer valued at $1275. Greg needed a new pressure washer for his part time business of washing houses. The order did not specify how disputes between the parties would be settled. Campbell returned a definite, unconditional acceptance that contained one additional term which stated that disputes must be submitted to arbitration. Greg received the acceptance; however, he never agreed or objected to the additional term. Campbell orally contracted to sell 15 pressure washers to London Painting Company a large commercial painting company in France. Explain the status of the contract between Greg and Campbell. If a contract was formed, did the additional term in the acceptance become part of the contract? Is the contract between Campbell and London legally enforceable? (Additional research outside of the textbook may be necessary).
In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.
Palatka Costumes & Caps LLC ("PC & C") is a large props company formed in 1957, and Frodo Flags Corporation is a small, local flag manufacturer formed in 2015. These two businesses never had any dealings with each other until they recently entered into a contract, with terms all drafted by PC & C. The contract provides that PC & C shall purchase 1,000 flags that Frodo Flags will specially design for PC & C. The contract further provides that PC & C has the right to initiate, on a weekly basis, purchase orders of up to 100 flags until the contract's total number of flag purchases - 1,000 flags has been met. Also, the contract includes a clause stating that PC & C can cancel its obligation to pay for the remaining flags at any time if any Frodo Flags shipment does not arrive on the exact day as stated in a particular purchase order; this last provision is included in the contract even though time was of little importance to PC & C. W The first shipment of 100 flags arrives a day late,…
George develops upper- and middle-income townhouses and condo flats. He hired Pommella as his agent to sell the flat. Pommella is engaged on a fixed-term contract and is paid a predetermined salary plus commission according on the number of flats she sells. George is considering ending the agency relationship with Pomella. Explain to him THREE (3) options to end the relationship lawfully under agency law.
Presley and Collins enter into a contract that requires Presley to pay Collins $100 per kitten provided by Collins' breeding program to be sold in Presley's pet store. When Presley's attorney drafts the contract, the attorney accidentally puts the price at $1,000 per kitten. When Collins sues to enforce the contract as written, a court will likely decide that a. Presley must pay $1,000 per kitten. b. a mistake was made in the contract and Presley must pay $100 per kitten. c. Presley need not pay anything due to the mistake. d. Collins must pay Presley's attorney for drafting the contract.
Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…
Cari enters a single-agency relationship with a listing broker, who owes her full disclosure and loyalty. The listing broker then finds Buyer Bonnie who wants that same broker to represent her in a transaction broker relationship, providing Bonnie with certain duties such as limited confidentiality. Can the broker represent Cari in a single-agency relationship AND represent Bonnie as a transaction broker in the same transaction? No, because offering Bonnie limited confidentiality would conflict with the full disclosure already owed to Cari. Yes, but only if the limited confidentiality owed to Bonnie is needed to fulfill Cari's objective of selling the property. Yes, as long as the broker tries to be fair to br + parties.

SEE MORE QUESTIONS

Recommended textbooks for you

Understanding Business

Management

ISBN:

9781259929434

Author:

William Nickels

Publisher:

McGraw-Hill Education

Management (14th Edition)

Management

ISBN:

9780134527604

Author:

Stephen P. Robbins, Mary A. Coulter

Publisher:

PEARSON

Spreadsheet Modeling & Decision Analysis: A Pract…

Management

ISBN:

9781305947412

Author:

Cliff Ragsdale

Publisher:

Cengage Learning

Understanding Business

Management

ISBN:

9781259929434

Author:

William Nickels

Publisher:

McGraw-Hill Education

Management (14th Edition)

Management

ISBN:

9780134527604

Author:

Stephen P. Robbins, Mary A. Coulter

Publisher:

PEARSON

Spreadsheet Modeling & Decision Analysis: A Pract…

Management

ISBN:

9781305947412

Author:

Cliff Ragsdale

Publisher:

Cengage Learning

Management Information Systems: Managing The Digi…

Management

ISBN:

9780135191798

Author:

Kenneth C. Laudon, Jane P. Laudon

Publisher:

PEARSON

Business Essentials (12th Edition) (What's New in…

Management

ISBN:

9780134728391

Author:

Ronald J. Ebert, Ricky W. Griffin

Publisher:

PEARSON

Fundamentals of Management (10th Edition)

Management

ISBN:

9780134237473

Author:

Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo

Publisher:

PEARSON

SEE MORE TEXTBOOKS