Wednesday, November 6, 2019

Which of the following was the result in the Case Opener in which Hallmark claimed that an arbitration ruling against a former employee should be upheld?

Which of the following was the result in the Case Opener in which Hallmark claimed that an arbitration ruling against a former employee should be upheld? 
A. The former employee was barred from proceeding in court because of the binding arbitration clause.
B. The former employee was barred from proceeding in court based on the statute of limitations which expired while she was pursuing her remedies in arbitration.
C. The former employee was allowed to proceed in court because she had exhausted her remedies in the arbitration arena.
D. The former employee could proceed with an action in court because there was no consideration for the arbitration agreement and, therefore, no valid agreement.
E. The former employee could proceed with an action in court because, as a matter of law, arbitration agreements are barred in the arbitration context.
According to the court, "because there was no consideration from Hallmark, there was no binding contract to submit disputes to arbitration."

A[n] ___________ is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. 
A. Contract
B. Offer
C. Consideration
D. Acceptance
E. Legal object
The Restatement (Second) of Contracts defines a contract as "a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty."

Which of the following consists of an offer by one party and an acceptance of the terms by another party? 
A. Legal object
B. Agreement
C. Coherence
D. Alliance
E. Concurrence
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

The person who makes an offer is called a ___________. 
A. Offeree
B. Offeror
C. Agreeor
D. Agree
E. Inquiror
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

The person who agrees to the terms of an offer made by the other party is called the _________. 
A. Offeree
B. Offeror
C. Agreeor
D. Agree
E. Inquiror
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

Which of the following is a definition for consideration? 
A. Being cordial in the negotiation of contracts.
B. Refraining from unethical behavior in the negotiation of contracts.
C. Being cordial and refraining from unethical behavior in the negotiation of contracts.
D. A bargained-for exchange.
E. A contract negotiated in person as opposed to by telephone or e-mail.
Consideration is the bargained-for exchange or what each party gets in exchange for his or her promise under the contract.

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