Legal Question in Business Law in Illinois

Im taking a intro business law class and have a few questions Im struggling on.. Can anyone help get me started?

Here are the 5 i'm having issues with:

1. Ed Electrician knowingly and voluntarily licked his fingers to help him feel the current, and then touched live wires, while changing the outlet to the kitchen light switch at Larry's home. Suddenly, Ed received a severe electric shock so that he suffered permanent neurological damage. What is the best defense that Larry should assert if Ed Electrician files a suit against Larry to claim that Larry is liable in a negligence claim for this incident? If this best defense is successful, does it serve to bar Ed�s claim?

2. Mary Marketer works as a salesperson for Pill Popper Pharmaceuticals, Inc. One of Pill Popper Pharmaceuticals� competitor�s, Cheap Drugs, Inc., offered Mary a lucrative compensation package if she would leave her job at Pill Popper Pharmaceuticals to work at Cheap Drugs, Inc. However, when Mary signed an employment contract with Pill Popper Pharmaceuticals, Inc., the contract contained a clause that stated, �The employee will not work for another pharmaceutical company for a 10-year period, and will not work for another pharmaceutical company in the United States. Will this employment contract be enforced by the courts as written? Explain your answer.

3. On May 14, 2010, Steven Seller offered to sell Peter Purchaser a brand new Nintendo DS for $159.00. On May 14th, Steven also promised not to revoke his offer for fifteen days for Peter's promise to pay $50.00; and, Peter promised to pay $50.00 thus forming an option contract. On May 19th, Peter offered to buy Steven's Nintendo DS for $100.00. On May 20th, Steven rejected Peter's counteroffer. On May 24th, Peter accepted Steven's offer of May 14th. Did Peter's counteroffer of May 19th serve to reject Steven's offer of May 14, 2010 so that a contract was not formed? Explain your answer.

4. Harriet Homeowner promised to pay Barry Builder $5,000 for installing solid oak hardwood floors in her kitchen and dining room at Harriet's home. After Barry installed the hardwood floor in the kitchen, but before he finished the floor in the dining room, Harriet Homeowner approached Barry, and said, "It looks great, but I no longer want to install the hardwood floors in my home. Barry, I revoke my offer." Under the classical contract theory, could Harriet revoke her offer? Explain why or why not.

5. On May 12, 2010, Bill Billionaire told his 20 year old son, Freddy Billionaire, "I promise to pay you One Hundred Thousand Dollars when you reach the age of 21. Bill Billionaire knew that if he promised his son One Hundred Thousand Dollars, he would probably embark upon a cruise to see the world. One month before his 21st birthday, Freddy paid $20,000.00 to the Royal Caribbean to reserve a trip aboard the Destiny Awaits cruise ship. When Freddy turned 21, his father refused to pay him One Hundred Thousand Dollars. To what extent is the father's promise enforceable?


Asked on 12/06/11, 8:23 pm

1 Answer from Attorneys
Stephen Messutta

This is a forum for help with legal matters, not a tutoring site. You are the student. You need to read your materials and think about these questions. It would be inappropriate for any of us to do your "homework" for you. While you are certainly entitled to reach out for help if and when you take the first step, that means you must make some attempt to analyze each question according to the law you are learning. The most critical component of figuring out any legal question is the analysis side of it. And sometimes there are two right answers, or no wrong answer, so you shouldn't be intimidated. To encourage you to do your homework so to speak, let's look at the first question, and here are some things to think about:

1. Is this a tort (negligence) issue, or a contract issue?

2. If Ed is an electrician, can we assume he should know what he's doing? There are contract ways of looking at it, and tort ways.

3. What if anything, based on the facts presented, did Larry do that was negligent? Don't assume facts not presented.

Best of luck to you.

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Answered on 12/07/11, 8:28 am


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