Brandon wanted to try skydiving and signed up for skydiving
This is a homework for a business law class.1. Brandon wanted to try skydiving and signed up for skydiving lessons with “Adrena- Lynne Inc”. Before the lessons and any jumps, Brandon signed an agreement containing an exculpatory clause relieving “Adrena-Lynne Inc.” from any liability as a result of any injuries that Brandon might get. Brandon completed the course and jumped from the plane, but broke his ankle when he landed. If Brandon sues “Adrena-Lynne Inc.”, is the exculpatory clause enforceable against Brandon? What factors are relevant to such a decision?2. If a court finds that a clause in a contract is unconscionable, what three remedies may the court impose?3. The accounting firm of “Bookcookers” was located in Capital City and employed O’Brien as an accountant. O’Brien signed an employment contract that had a clause that provided that O’Brien agreed never to engage in the practice of accounting in Capital City after leaving the employ of “Bookcookers.” After working at “Bookcookers” for 5 years, O’Brien resigned and opened his own accounting firm in Capital City. “Bookcookers” sued him for breach of contract. Who will win? Why?4. California has a statute that requires that all people who practice law in California must first obtain a California State Bar license. Jason is in law school in California and has not yet received his Bar license. Freddie hired Jason to handle a lawsuit for him. Jason spent months handling the case and eventually settled the case with Freddie getting $300,000. Freddie later refuses to pay Jason’s fee, claiming that his contract with Jason was illegal. Was it? Why or why not?5. Amy, a 20-year-old college student, went to Mile High Note, a large electronics store, to buy a stereo. The salesman told her that she could rent to own the Alpo Model P.O.S. if she made lease payments of only $25 per week for 60 weeks. Without shopping around, Amy signed the contract for the P.O.S. stereo. The next week, she was shopping at another stereo store and saw the exact same stereo for $600. She then tried to cancel her contract with Mile High Note, but they refused. She therefore sued Mile High Note. What theory would she most likely use’? Who should win? Why?
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