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Legal Concepts67) What is physical duress?A) physically damaging the contract documentsB) signing a contract without the knowledge that it represents fraudulent informationC) threatening to physically harm someone if he or she does not sign a contractD) persuading a person to rescind a valid contract by misrepresenting the facts

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Bastilla owns a tennis racket stringing business in North Carolina. After Revan is elected governor of North Carolina, he imposes all sorts of costly regulations on tennis racket stringers. As a result, Bastilla sees a dark future for her business and relocates to Washington State, where the burden on her business is on the light side. She ends all advertisements in North Carolina, never visits the state, and specifically refuses to ship rackets to the state. Over the years, she builds up a modestly successful business that earns about $150,000 a year. One day, Carth comes into her store and buys a racket, which works fine for several years. He moves to North Carolina and enters a senior tournament. In the finals, he plays Malak (domiciled in North Carolina). Midway through the match, the racket explodes due to some gunpowder being mistakenly included in the frame. Both Malak and Carth are injured. They sue Bastilla's business in North Carolina state court. Bastilla files a motion to dismiss. What result under Justice Brennan's framework?A.Denied because Bastilla has minimum contacts in North Carolina.B.Denied because there are minimum contacts among the parties.C.Granted because Bastilla has no purposeful minimum contacts in North Carolina.D.Granted because the reasonableness factors cannot support personal jurisdiction.
Paul owns a used car dealership in North Carolina, but five minutes from the border with South Carolina. He doesn't advertise his car business in South Carolina and never makes any trips to the state. In fact, he owns a blog where he writes weekly posts trashing the South Carolina legal system. Some weeks, he criticizes the South Carolina rules of civil procedure, and in other weeks, he lambastes particular provisions in the South Carolina constitution. However, research has shown that 40% of his customers are from South Carolina, and that he makes over $200,000 a year from South Carolina consumers. Paul is aware of this research.A South Carolina resident gets into an accident with one of Paul's cars and alleges that Paul lied about the condition of the car. She sues Paul in South Carolina state court. Paul files a motion to dismiss for lack of personal jurisdiction. What result?A.Granted because it was foreseeable that the car would be used in South Carolina.B.Denied, because under the reasonableness factors, it would not be unreasonable for a South Carolina court to assert jurisdiction.C.Granted because Paul lacks minimum contacts with South Carolina.D.Denied because Paul earns a great deal of revenue from South Carolina customers.
Hood sues Sherman for trespass onto his property in Nashville when Sherman was on his way down to Georgia. Sherman hires Ulysses, a distinguished Campbell Law grad. After a year of discovery, the two settle the claim. Sherman then sues Hood for breach of contract. Hood had agreed to provide security at a party the day after the trespass, but never showed up because he mistakenly booked another engagement. Hood files a motion to dismiss, asserting that the breach of contract claim was waived. What result?A.The claim will be waived because Sherman had an opportunity to bring it in the first lawsuit.B.The claim will not be waived because it would have been a permissive counterclaim.C.The claim will not be waived so long as it was not the subject of another lawsuit pending at the same time Hood sued Sherman.D.The claim will be waived because Sherman had an opportunity to bring it and knew or should have known he had a right to bring it.

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