You work for a firm of attorneys with primary responsibility to one lawyer, who is presently out of town and tells you to meet with his clients to sign a contract of sale for real estate. The clients are the sellers and the purchasers do not have an attorney. During the course of the conversation, after the parties read the agreement, you realize there was a misunderstanding on the part of your
clients as to terms suggested by the purchasers, although the contract is drawn in accordance with your clients' wishes. Your clients are elderly people, and it appears the purchasers may succeed in convincing them to change the terms to the detriment of your clients. The legal assistant should:
A) Tell the clients they should not sign anything that would change the terms from those presently in the contract
B) Advise all parties that the matter will have to wait until your employer returns in two weeks' time
C) Make the changes to the contract that benefit your client and have them sign it
D) None of the above
B) Advise all parties that the matter will have to wait until your employer returns in two weeks' time
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Answer the following statement(s) true (T) or false (F)
1. The lawmaking power of Congress is found exclusively in Article 1, section 8 of the Constitution. 2. The Necessary and Proper Clause is an important source of congressional power. 3. A major problem with the Articles of Confederation was the inability of the national government to tax. 4. At one time, the Supreme Court held that the income tax was a direct tax, and because it was not in proportion to state population, it was unconstitutional. 5. The primary purpose of the power to tax is to be able to raise revenue necessary to run the government.
Under modern law, if an architect supplies erroneous specifications to a builder, a subcontractor who relies on those specifications will not be able to sue the architect for misrepresentation because the specifications were not given to him or her personally.
Answer the following statement true (T) or false (F)
The following is an example of an equitable remedy:
a. Liquidated damages. b. Punitive damages. c. Tender of performance. d. Specific performance.
If a resolution under the ____approach occurs,it is because the parties have weighted what they have to win against what they have to lose by not resolving the dispute rather than considering how each might achieve more by working together.
Fill in the blank(s) with the appropriate word(s).