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Legal Concepts74) When Stella Finman got to know that she was terminally ill, she drafted a will leaving all herproperty to her son. During her period of illness, Stella was financially and emotionallysupported by her lawyer as her son was mostly away. When the will was read upon her death, itsaid that her lawyer would get a 20 percent stake in Finman Corp., a company Stella owned.Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness andpersuaded her to change the contractual terms. This is an instance of ________.A) undue influenceB) batteryC) duressD) fraud

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Britney Spears and Christina Aguilera have left the music industry and gone into computer repair and law respectively. Per a contract, Britney is supposed to repair Christina's computer in exchange for $300.00 by a certain date. That date passes and Christina is unable to use her computer for work at her law practice, which causes her to miss two court deadlines and lose a client. Right before she was set to start repairing the computer, NSYNC broke into Britney's office and stole her tools, money, and worst of all, her copy of the 1868 North Carolina constitution. Because her money and credit cards were stolen, she couldn't buy new tools. As a defense, she claims that performing the contract was impossible.A.Britney will not waive the defense if she fails to raise it earlyB.This is an affirmative defense under rule 8(c).C.This wouldn't be an "avoidance."D.Britney needs to raise this in her answer or she'll waive it.

Raphael and Sarah, a Wake Forest law student, had a contract. In exchange for $500, Raphael was supposed burglarize the apartments of successful law students to take their outlines and throw them off their game before the final exams. Raphael attempted to burglarize the apartments, but was unable to procure the outlines. Sarah sued. He admits he didn't deliver on the contract. As a defense, he claims the contract called for him to engage in illegal conduct.A.Raphael will not waive the defense if he fails to raise it early.B.This is not an affirmative defense under rule 8.C.If Raphael fails to raise this in his answer, he will have waived it.D.This wouldn't count as an "avoidance."

A North Dakota statute authorizes North Dakota state courts to exercise personal jurisdiction over corporations only if the corporations have their place of incorporation in North Dakota or have their principal place of business there. Blue Hen Motors is incorporated in Delaware with its principal place of business in Delaware. Blue Hen has a plant in North Dakota, and it sells cars from there.A North Dakota citizen buys one of the cars in North Dakota, and the car blows up the next day. The customer sues the company in North Dakota state court. True or false, there is personal jurisdiction over Blue Hen Motors.

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