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As part of an externship program conducted by his law school, a law student went to work for a lawyer as a clerk. After six months, the lawyer was very impressed with the law student's work. He called the law student into his office and told him, "I know you were only to work for me for six months in exchange for credit in your law school extemship program. However, I'd like you to stay on as a clerk. I'll pay you
$25 an hour for any work you do for me between now and the bar exam. In addition, if you put in a minimum of 10 hours per week during that time, I promise to hire you full-time as an associate when you pass the bar exam. " The attorney then reduced this agreement to writing, which both he and the law student signed. The law student continued to work for the lawyer throughout the rest of his law school career and while he was studying for the bar exam. During that time, the law student always worked a minimum of 10 hours per week. While the law student was awaiting the results of the bar exam, his uncle passed away and left him a large apartment building. The law student decided he did not want to practice law but wanted to spend all of his time managing the apartment building. He told his roommate, a fellow law student who was awaiting his bar results, about his plans and told the roommate he would assign to the roommate the right to be hired by the lawyer as an associate, in exchange for $100. The roommate paid the $100 to the law student, who then executed a written assignment of the right to be hired by the lawyer as an associate. The roommate passed the bar exam, but the lawyer refused to hire him as an associate. Which of the following is the most accurate statement regarding the legal effect of this assignment?Plain-text mathematical notation (without MathML)
As part of an externship program conducted by his law school, a law student went to work for a lawyer as a clerk. After six months, the lawyer was very impressed with the law student's work. He called the law student into his office and told him, "I know you were only to work for me for six months in exchange for credit in your law school extemship program. However, I'd like you to stay on as a clerk. I'll pay you $25 an hour for any work you do for me between now and the bar exam. In addition, if you put in a minimum of 10 hours per week during that time, I promise to hire you full-time as an associate when you pass the bar exam. " The attorney then reduced this agreement to writing, which both he and the law student signed. The law student continued to work for the lawyer throughout the rest of his law school career and while he was studying for the bar exam. During that time, the law student always worked a minimum of 10 hours per week. While the law student was awaiting the results of the bar exam, his uncle passed away and left him a large apartment building. The law student decided he did not want to practice law but wanted to spend all of his time managing the apartment building. He told his roommate, a fellow law student who was awaiting his bar results, about his plans and told the roommate he would assign to the roommate the right to be hired by the lawyer as an associate, in exchange for $100. The roommate paid the $100 to the law student, who then executed a written assignment of the right to be hired by the lawyer as an associate. The roommate passed the bar exam, but the lawyer refused to hire him as an associate. Which of the following is the most accurate statement regarding the legal effect of this assignment?
Original LaTeX notation
As part of an externship program conducted by his law school, a law student went to work for a lawyer as a clerk. After six months, the lawyer was very impressed with the law student's work. He called the law student into his office and told him, "I know you were only to work for me for six months in exchange for credit in your law school extemship program. However, I'd like you to stay on as a clerk. I'll pay you $25 an hour for any work you do for me between now and the bar exam. In addition, if you put in a minimum of 10 hours per week during that time, I promise to hire you full-time as an associate when you pass the bar exam. " The attorney then reduced this agreement to writing, which both he and the law student signed. The law student continued to work for the lawyer throughout the rest of his law school career and while he was studying for the bar exam. During that time, the law student always worked a minimum of 10 hours per week. While the law student was awaiting the results of the bar exam, his uncle passed away and left him a large apartment building. The law student decided he did not want to practice law but wanted to spend all of his time managing the apartment building. He told his roommate, a fellow law student who was awaiting his bar results, about his plans and told the roommate he would assign to the roommate the right to be hired by the lawyer as an associate, in exchange for $100. The roommate paid the $100 to the law student, who then executed a written assignment of the right to be hired by the lawyer as an associate. The roommate passed the bar exam, but the lawyer refused to hire him as an associate. Which of the following is the most accurate statement regarding the legal effect of this assignment?
category
law
options
- The lawyer would be required to recognize the validity of the assignment, because the roommate passed the bar exam and is therefore qualified.
- The lawyer would not be required to recognize the validity of the assignment, because neither the rights nor the duties under a personal service contract are properly assignable.
- The lawyer would not be required to recognize the validity of the assignment, because the original contract was between the lawyer and the law student, not the roommate.
- The lawyer would be required to recognize the validity of the assignment, but would be entitled to demand adequate assurances of performance from the roommate as to the latter's willingness and professional capacity to perform satisfactory work.
- The lawyer would be required to recognize the validity of the assignment, but only if the roommate can prove he is capable of performing the duties of an associate.
- The lawyer would not be required to recognize the validity of the assignment, because the original agreement was not intended to be assignable.
- The lawyer would not be required to recognize the validity of the assignment, because the assignment was made in exchange for money, altering the original terms of the agreement.
- The lawyer would be required to recognize the validity of the assignment, but would be entitled to demand adequate assurances of performance from the roommate as to the latter's willingness and financial capacity to perform satisfactory work.
- The lawyer would not be required to recognize the validity of the assignment of rights, because a contract to make a future assignment of a right is not an assignment.
- The lawyer would be required to recognize the validity of the assignment so that the roommate would be entitled to be hired as an associate.
src
ori_mmlu-professional_law
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