Hobbes Has Sued Kant for Breach of Contract

question 21

Multiple Choice

Hobbes has sued Kant for breach of contract.The facts and issues are very complicated.Which of the following statements is TRUE?

• A)A pretrial conference will require the parties to explain their arguments to a mediator,who has the power to decide the case in favour of the defendant if the plaintiff's evidence is very weak.
• B)Although it would be quicker and less expensive to have the case decided by arbitration,arbitrators usually have less expertise than judges.
• C)If Hobbes wins the case at trial,but is awarded less than Kant offered in a formal settlement,the court will probably award costs against Hobbes on a solicitor-and-client basis.
• D)Because they occur outside of court,examinations for discovery are entirely voluntary and neither party could be compelled to answer the other's questions
• E)Hobbes must prove the facts necessary to establish his cause of action to the standard of a balance of probabilities.

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Definitions:

Special Order

A one-time customer order often involving a large quantity and possibly requiring adjustments to standard pricing or production processes.

Variable Manufacturing Cost

Costs that vary in direct proportion to changes in production volume, such as raw materials and direct labor.

Variable Selling Cost

Variable selling costs fluctuate with sales volume; they include expenses such as commission and shipping that increase with higher sales.

Constrained Resource

A limited resource within a system that significantly affects the throughput or output of the system.