Balance of the loan agreement he co-signed

Assignment Help Operation Management
Reference no: EM132264852

1. Eddie wanted to buy a car. During negotiations, Best Dealership informed Eddie that it could give him a lower interest rate on the loan if he used a co-signer. So, Eddie took the loan agreement back to his house, got his dad, Mervin, to co-sign, and returned the loan agreement to Best Dealership. Two months later, Eddie defaulted on the loan agreement and Best notified Mervin that he was responsible for the payments. A week after Eddie’s default, Eddie showed up at Best Dealership with a check signed by Mervin to cover the interest owed on the loan. At that time, Eddie asked for a new loan agreement with more manageable terms. Best agreed, but only on the condition that Mervin again co-sign. This time, Mervin refused. The following month, Eddie again did not pay and subsequently declared bankruptcy. Best Dealership sued Mervin for the balance of the loan agreement he co-signed. “The hell you say,” said Mervin, “I was drunk was I signed that.”

Which of the following is the BEST answer?

a. If Mervin can show he was intoxicated at the time he co-signed the agreement and that Best Dealership had reason to know he was unable to understand the nature and consequences of his actions or to act in a reasonable manner, he may declare the contract void.

b. If Mervin can show he was intoxicated at the time he co-signed the agreement and that Best Dealership had reason to know he was unable to understand the nature and consequences of his actions or to act in a reasonable manner, he may declare the contract voidable.

c. (a), but only if Mervin promptly disaffirmed the contract upon notice of the cosigned loan agreement.

d. (b) but only if Mervin promptly disaffirmed the contract upon notice of the cosigned loan agreement.

e. (b) and (d), but only if Mervin did not ratify the contract prior to disaffirmance.

2. A year after Fail Corp. was formed, the company held an operational meeting. At that meeting, a group of employees confronted the CEO regarding the company’s continuing viability. The employees were concerned that the company might be sold or merge with another company, and they would be at risk for losing their employment without much (or any) notice. The CEO of the company, in an effort to quell the employees’ concerns and induce them to stay, promised that “in the event of sale or merger of Fail Corp., any original employees still remaining with Fail Corp. would get 10% of the value of any sale or merger.” Fail Corp was acquired by a competitor 6 months later. At the time of acquisition, Fail Corp. refused to honor the CEO’s promise and the employees’ brought an action against Fail Corp. (and the acquiring company) for breach of contract.

Which of the following is correct?

a. The CEO’s offer became binding once the employees’ began performance; the employees accepted the offer by beginning performance.

b. The CEO’s offer became binding at the time Fail Corp. was acquired; the employees accepted the offer by remaining with the company until it was sold.

c. The CEO’s offer became binding once the employees’ began performance; the employees accepted the offer by promissory estoppel.

d. The CEO’s offer became binding once the employee’s began performance; the employees accepted the offer by remaining with the company until it was sold.

e. None of the above.

3. A year after Fail Corp. was formed, the company held an operational meeting. At that meeting, a group of employees confronted the CEO regarding the company’s continuing viability. The employees were concerned that the company might be sold or merge with another company, and they would be at risk for losing their employment without much (or any) notice. The CEO of the company, in an effort to quell the employees’ concerns and induce them to stay, promised that “in the event of sale or merger of Fail Corp., any original employees still remaining with Fail Corp. would get 10% of the value of any sale or merger.” Fail Corp was acquired by a competitor 6 months later. At the time of acquisition, Fail Corp. refused to honor the CEO’s promise and the employees’ brought an action against Fail Corp. (and the acquiring company) for breach of contract. 17. Which of the following is the BEST answer?

a. The employees’ will be able to establish a claim for breach of bilateral contract.

b. The employees’ will not be able to establish a claim for breach of unilateral contract.

c. The employees’ will be able to establish a claim for breach of unilateral contract.

d. Both (a) and (c)

e. None of the above.

Reference no: EM132264852

Questions Cloud

Regarding social media marketing course : What would you say was the biggest ‘take-away’ that you got out of taking this course?
Explain the five sequential stages of self-leadership : Explain the five sequential stages of self-leadership and how they affect selling success.
What is the probability that tire will be too narrow : What is the probability that a tire will be too narrow? What is the probability that a tire will be defective?
What are some strategic targets for apple : What are some strategic targets for Apple? Identify the portfolio for the tenth year (T10) using NAICS codes.
Balance of the loan agreement he co-signed : Eddie wanted to buy a car. Best Dealership sued Mervin for the balance of the loan agreement he co-signed.
Explain when one would use t distribution and chi-square : Explain when one would use a t distribution, chi-square, and F distribution. Compare and contrast the differences.
Strengths and weaknesses of x-stream organizational culture : Identify the strengths and weaknesses of X-Stream’s organizational culture.
Automate the way it places orders with particular supplier : Assume a company was able to automate the way it places orders with a particular supplier. How might this impact the EOQ? Explain?
Exist between the host country and the united states : Identify and thoroughly explain at least two cultural differences that exist between the host country and the United States.

Reviews

Write a Review

Operation Management Questions & Answers

  How does the interviewee handle changes

How does the interviewee handle changes at his/her organization, and what specific challenges has she or he encountered with managers in the past. What advice does your interviewee offer to someone who is looking to become a manager

  True about integrative bargaining

Which of the following is true about integrative bargaining? Which of the following is true about joint labor-management committees (JLMCs)?

  Position of entry-level financial analyst

Alexander was being interviewed for the position of an entry-level financial analyst at a well-known asset management company.

  Companys pretax profits for the previous period

Mark's employer passes out checks at the end of each quarter, representing an equitable portion of 5% of the company's pretax profits for the previous period.

  How the sharing economy relates to service design

Define Sharing Economy and how the Sharing Economy relates to Service Design. Create a network diagram that shows the sequence and dependent relationships of all the activities. Analyze and evaluate the two most salient trends impacting the ancillary..

  Social implications of real world business practices

Consider the legal, ethical, and social implications of real world business practices. Find an example of a business facing a legal, ethical, and/or social responsibility dilemma. Create a one-paragraph summary of the dilemma and the steps you think ..

  Complete an annotated bibliography

Complete an annotated bibliography from the references below that are relevant to the research topic.

  Capital flows are influenced by country characteristics

Explain how international capital flows are influenced by country characteristics,

  Purpose of integrated change process in project management

Explain the purpose of an integrated change process in project management, and if there is a change in the team's project,

  A firm plans to begin production of a new small appliance

A firm plans to begin production of a new small appliance. The manager must decide whether to purchase the motors for the appliance from a vendor for $35 each or to produce them in-house. Either of two processes could be used for the in-house product..

  Virtue ethics value and deontology principle

Virtue ethics (value) and deontology (principle) and apply these theoretical perspectives to ethical dilemma that leaders and/or managers at ECG (Expert Consulting Group)

  Difference in optimizing decision and satisficing decison

What is the difference between an optimizing decision and a satisficing decision? How can a manager double check the ethics of a decision? How would a manager use a systematic thinking and intuitive thinking in problem solving? How can the members of..

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd