SOLVED

[Useless Friend] Antoine and Tevis, are roommates. Antoine has Tevis sign a contract promising to wash Antoine’s car once a week for $80 per month in payment. The contract incorporated by reference terms on the back. The terms on the back were in very small print and required Tevis to cook dinner for Antoine, do his laundry, and clean their apartment. Antoine is also very angry with his former girlfriend, Flora, and decides to start rumors that would constitute the tort of defamation. He spreads via SnapChat that Flora cheated on tests and stole from friends. Antoine wants to enlist the help of Tevis in smearing Flora but knows that Tevis would be hesitant to assist in his endeavors. One evening, however, Tevis comes home clearly intoxicated – a fact apparent to Antoine. Antoine has him sign a contract agreeing to defame Flora for $50. When he sobers up, Tevis tells Antoine that he was drunk and that he has no intention of defaming Flora, who also happens to be the best friend of Tevis’s new girlfriend. He also finally takes a look at the contract involving work for Antoine and tells Antoine that the contract is outrageous. 61) Depending on the size of the print on the back of the contract, which of the following could Tevis possibly use as a defense? A) Unclear drafting B) Outrageous wording C) Procedural unconscionability D) Substantive unconscionability E) Adhesion conscionability 62) The harsh and lopsided terms of Antoine’s contract could be claimed as which of the following? A) Unclear drafting B) Procedural unconscionability C) Adhesion conscionability D) Outrageous wording E) Substantive unconscionability [Beauty Shop Woes] When Giuseppe hired Ines to work in his beauty shop as a hair stylist, she entered into an agreement with Giuseppe whereby if she left his employment she would not work for another beauty shop within 50 miles for 2 years. Giuseppe trained Ines in a number of new techniques. After nine months, Ines was offered a great job down the street at a new beauty shop. She quit Giuseppe’s shop and a number of customers followed her down the street to her new job. Giuseppe claimed that she had signed a contract and had no right to go to work at the new shop. Ines disagreed and told Giuseppe that no judge in the country would enforce such an agreement. Ines then told Giuseppe that she was more worried about a customer who was threatening to sue her because her hair turned green after Ines worked on it. Ines said that she knew that the customer’s hair was damaged; but that she told the customer that odd results could result from a dye attempt, and had the customer sign a contract that she released Ines from all liability and would not sue. The customer, however, sued anyway. 63) Which is the correct term for the agreement Giuseppe and Ines entered? A) A covenant not to compete B) A covenant not to misappropriate C) A competition agreement D) A prohibited competition agreement E) A policy agreement 64) Is Ines correct in claiming that no judge in the country would enforce such an agreement? A) She is incorrect because all courts approve such agreements so long as it can be shown the employee gained a benefit other than pay from the employment. B) She is incorrect because while no court would approve a geographical restriction, some courts recognize time restrictions as being valid. C) She is incorrect because such agreements are criminally illegal in every state. D) She is correct because such agreements are considered in restraint of trade in every state. E) She is incorrect because courts across the country vary in regards to the enforceability of such agreements. 65) The type of agreement Ines asked the customer with green hair to sign is called ________. A) malfeasance B) procedural C) substantive D) adhesion E) exculpatory  Â