Deepwater Dredging & Excavation Holds Itself Out to Others as Being

question 16

Multiple Choice

Deepwater Dredging & Excavation holds itself out to others as being a corporation but makes no attempt to incorporate.Estuary Marina signs a contract with Deepwater that is not performed.Estuary Marina files a suit against the firm.The court will likely hold that Deepwater is

• A)a corporation by estoppel.
• B)an alien corporation.
• C)an S corporation.
• D)ultra vires.

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Definitions:

Duress

Compulsion, force, or pressure applied to someone to coerce them into taking an action against their will or better judgement.

Unilateral Mistake

A situation in contract law where only one party holds an incorrect belief about a basic assumption on which a contract is based, potentially affecting the enforceability of the contract.

Mutual Mistake

A situation in a contract where all parties involved have a common but erroneous belief regarding a vital fact about the contract terms.

Valid Contract

An agreement that meets all legal requirements, including offer, acceptance, consideration, and the intention to create a legal relationship, thereby enforceable by law.