Question

In: Operations Management

O'Shea was considering entering into contracts with several people. If O'shea entered into a contract with...

  1. O'Shea was considering entering into contracts with several people. If O'shea entered into a contract with any of the people listed in the answer choices, which contracts would be unenforceable if the person O'shea enters into the contract with is unlicensed.  

    Electrician

    Plumber

    Lawyer

    Doctor

    A contract with any of these professionals would be unenforceable if they were unlicensed when they entered into the contract with O'Shea

2 points   

QUESTION 4

  1. Ezekiel was severely intoxicated when he entered into a contract with Jerry. Ezekiel did not understand the nature and consequences of the transaction he entered into. A court has ruled that Ezekiel can void his contract with Jerry due to his intoxication.  True or False: Ezekiel will have to make restitution to Jerry.  

    True

    False

2 points   

QUESTION 5

  1. Tony and Mike have entered into a contract with one another. Tony thinks that the contract is unconscionable.  True or False: In order for Tony to convince a court that the contract is unconscionable he must prove that there is procedural unconscionability or substantive unconscionability.  

    True

    False

Solutions

Expert Solution

1. C. Lawyer

According to the law instead of protecting the parties as said in contract which usually defenses do the main business of lawyer is to protect public welfare and integrity rather than illegality and violation of public rights. That sort of contract in unforceable in the O'Shea situation.

2. A. True

As the Ezekiel was severely intoxicated to take decisions and the other party was aware of that intoxication at that time taking the benefit of Ezekiel's situation as Ezekiel has to prove that his intoxication was severely high because of which he cannot make that decision at that particular time. Making the contract void.

3. A. True

As Tony has to convince court for the contract's unconscionabililty by giving enough evidences to prove his statement so the court can strike down the contract on the basis of evidences.

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