Xplosafe, the Company Profiled in the Opening Feature for Chapter

question 41

Multiple Choice

Xplosafe, the company profiled in the opening feature for Chapter 7, interviewed four attorneys before selecting the attorney they now use. They selected the attorney they did for two reasons:

• A) his fees were the lowest and he is an entrepreneur himself
• B) his references were the strongest and he is a former examiner for the U.S. Copyright Office
• C) he is the President of the Oklahoma City, Oklahoma, bar association and he had experience working with startups
• D) he is a startup entrepreneur himself and he is a former examiner for the U.S. Patent and Trademark Office
• E) he had more experience working with startups and he agreed to alter his fee structure to charge less at the beginning and more as Xplosafe became profitable

Distinguish between liquidated damages and penalty clauses and their enforceability.

Grasp the principles surrounding the doctrine of quantum meruit and its application in contract law.

Recognize the significance of conditions and warranties in contracts and their impact on contractual obligations.

Understand the legal basis for injunctions in preventing contractual breaches.

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Definitions:

Esophageal

Relating to the esophagus, the muscular tube that connects the throat (pharynx) with the stomach and transports food and liquids.

Gastric

Pertains to the stomach and its role in digestion, including the secretion of gastric juices that break down food.

Epiglottis

A leaf-shaped flap of cartilage located behind the tongue, at the top of the larynx, which prevents food and drink from entering the windpipe.

Palatine Tonsils

Lymphatic tissue located on each side of the throat that helps defend the body against infection by trapping pathogens.