Words: 4583
A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Open files a suit against Leo in Nebraska. Regarding this suite, Nebraska ask: in ERM jurisdiction 5. Carol files a suit against Delta Corporation. Delta responds that it appears from the pleading the parties do not dispute the facts and the only question is how the law applies to those fact. Delta support this response with witnesses; sworn statements: a motion of summary Judgment Unit 2 Review: 1 . In tort law, an actor who knows the substantial certainty that acrimoniousness’s will result from an act has intent.
TRUE 2. False imprisonment is a tort only if confinement is unjustified. TRUE 3. Mary is accused of slander. Slander includes: oral defamatory statements only 4. Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory: because Leo heard it. 5. Todd files a suit against United Media Corporation for defamation. Actual malice must be shown for recovery of damages if Todd is: ah public figure 6. 0 Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faculty construction, Sam is sued by those injured in the collapse.
As a repressions, Sam is held to the same standard of care of: other engineers. 7. Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims that Beth was driving more carelessly than he was. Comparative negligence my reduce Beet’s recovery: even if Beth was only slightly at fault. 8. Sue writes a defamatory article about Tony. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be held liable for the article are Sue and: the newspaper only. 9. Good Tire Company designs and manufacturers car and truck tires.
In a product liability suit based on negligence, Good Tire could be liable for violating its duty of care with respect to : the design or the manufacture of the tires. 10. Silicon Computers manufactures hard drivers. Dave discovers that his Silicon drive is defective. Dave sues Silicon for product liability based on misrepresentation. To win, Dave must show that: Dave suffered an injury caused by the defect. Unit 3 Review: 1 . A contract is formed when two parties promise to perform an act in the future: TRUE 2. An advertisement is generally an invitation to negotiate: TRUE 3. Jill make s Business Law Answers
By does 4. Jill promises to pay Kyle $500 because “he does not have as much money as other people. ” Jill promise is: not enforceable because Kyle has not given consideration in return. 5. Doug, a minor, signs a contract to buy a truck from Eagle Autos by misrepresenting his age to be twenty-one. When Doug fails to make the payments, Eagle sues, and Doug tries to ad’s-affirm the contract. Doug: can return the truck and avoid any further liability. 6. Diana, en employee of Eagle Industries, is injured in a work-related accident. Based on the diagnosis of Frank, a doctor accepts $50,000 from
Eagle and waives the right to future claims. Franks diagnosis later proves to have been wrong. According to the reasoning of the court in case 10. 1, Roberts v. Century Contractors, Inc. Franks misdiagnosis+is, in terms of its impart on Din’s agreement with Eagle: a mutual mistake of fact. 7. Sam contract to harvest Titan’s crop on August 1 . Due to bad weather, Sam cannot perform on the specified date. In this situation: the contract is suspended. 8. On April 1, OK Contractors, Inc. Contracts to build a store for Lo-Cost Jewelry a specific location in Metro City. On May 1, Metro hangers its zoning laws to prohibit the construction of a commercial building at the location. Lo-Cost files a suit against OK. In this situation: the contract is discharged. 9. Carol pays Dick $10,000 for Dick to design an advertising campaign for Carol’s health club. The next day, Dick tells carol that he has accepted a Job in New York an cannot design the campaign. Carol files a suit against dick. Carol can recover: $10,000. 10. Dan hires Eve to perform at Dawn’s Club, but Eve later breaches the agreement to accept a higher-paying Job at First Star Arena.
Dan files a suit against Eve. The court will most likely: award damages to Dan. Unit 4 Review: 01. Under the USC, a sale occurs when title passes from a seller to a buyer for a price. TRUE 2. Patents and copyrights are “property” that doesn’t come under Article 2. TRUE 3. Untrue Company agrees to sell computer equipment to Office Stores, Inc (SO’) for OSI to make to its customers. Their construct will be unenforceable if it does not include: the quantity of the goods. 4. United Farms offers to sell Value Bakeries, Inc. , fifty bushels of wheat. Values’ representative Wendy responds, “We agree to buy fifty bushels only if the wheat is Grade A quality. “Wend’s statement is: a counteroffer. . Kelly offers to buy 1,000 gallons of oil from Jim for fifty cents per gallon. Jim believes Kelly offers $1 per gallon and orally agrees to the sale and+promptly ships the oil. When the parties later dispute the price in court. Jims claim of $1 and Kelly’s testimony that she offered fifty cents: support an enforceable contract for a price of fifty cents per gallon. 6. Fresh Produce, Inc. , and Great Grocery Stores dispute the interpretation of an ambiguous phrase into heir contract.
In a suit between the parties to construe the contract, a court may accept evidence If: consistent additional terms only. 7. Sweet Produce Company contracts with Tasty Restaurant to ship six hundred heads of lettuce in three equal installments. When the first installment arrives, ten head of lettuce are rotten. Tasty may: reject the first installment only. 8. Gamma Company contracts to provide several manufacturers with tin. A cartel of tin-producing countries embargoes future shipments of tin to Gamma so that it cannot fulfill its contracts. Gamma: is excused from the performance of its contracts. 9.
On May 1, A-Plus Auto Sales agrees to sell a car and recover any resulting damages from Bob. 10. Acme, Inc. Buys scarp metal from Beta Resources, Inc. O process and sell. Their contract provides for an annual review of the price. When the processed scrap’s market value decreases, the parties continue to ship and process the scrape and process the scrap while the review the price. During the negotiations, Acme does not pay Beta. Unable to agree on a price, Beta ends the deal, retrieves the scrap that was shipped and processed but not paid for, and sells it. According to the court’s ruling in Case 16. , Utica Alloys, Inc. V Alcoa INC. Beta is entitle to the proceeds from this sale and: the difference between the contract price and the market price for unprocessed scrap. Unit 5 Review: 1 . State agency regulations take precedence over conflicting federal agency regulations: FALSE 2. Generally, a state court can exercise Jurisdiction over anyone within the boundaries of the state: TRUE 3. Cyberspace is its own Jurisdiction: FALSE 4. 0 Doing substantial+ business in a Jurisdiction exclusively over the Internet is not enough to support Jurisdiction over an out-of-state defendant. FALSE 5.
An arbitrator can never render a legally binding decision. FALSE 6. A battery occurs only if the cite suffers physical harm: FALSE 7. Defamation is one person’s use of another’s name without permission: FALSE 8. For purposes of establishing negligence, causation in fact exist if an injury would have occurred even without the defendant’s act. : FALSE 9. Strict liability is liability without fault: TRUE 10. An offered is a person who make San offer: FALSE 1 1 . Offers may not be revoked before they are accepted: FALSE 12. An oral contract is an implied-in-fact contract:FALSE 13.
An otherwise valid contract may be unenforceable if it is not in writing. TRUE 14. An offer does not need to be communicated to the offered to be effective: FALSE. 15. A person who does not know about a reward cannot claim it: TRUE 16. A minor may disarmer a contract entered into with an adult: TRUE 17. Clothing is not something that the courts have been willing to define as “necessary. “: FALSE 18. A minor’s failure to perform an executor contract within a reasonable time afar reaching the age of misappropriates discriminate. TRUE 19. A convent not to compete is never enforceable.
FALSE 20. No contract for a sale of goods needs to be in writing to be enforceable. : FALSE 21 . When one party substantially performs his or her duties under the contract, the other party is required to fully perform: FALSE 22. Under the USCThe court will likely exercise jurisdiction over Eagle if the interactivity of the site is seen as: a “substantial enough” connection with the state. 31 . Linda files a suit against Kate. Kate denies Land’s charges and sets forth her own claim that Land breached their contract and owes Kate money for the breach. This is : a counterclaim. 2. 0 In business negotiations, Christ, the chief executive officer of Design Associates, Inc. , follows “The Golden Rule,” which: mandates compassionate treatment of others in all situations. 33. Mary is accused of slander. Slander includes: oral defamatory statements only 34. Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory: because Leo heard it. 35. Sam, an ginger, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional , Sam is held to the same standard of are of: other swingers. 36. Bribery promises to deliver a certain couch to Dan, who promises to pay for the services. Brine does not perform. She may be required to: pay damages. 37. Laura and Mike enter into what Laura later claims is a construct.
In deciding whether a valid contract was formed, a court will not look at: the parties’ subjective beliefs at the time of the alleged contract. 38. Ann promises to buy a house from Ben, who promises to vacate the property on July 1 . If hose promises are in writing, they are most likely: enforceable. 39. State Trucking Company mails to Transport delivery, Inc. ND offer to sell a delivery truck and to hold the offer open for five days. The five-day period begins to run when the offer is: received. 40. Tasty Pasties, Inc. And other bakers refer to a “baker’s dozen” as consisting of a collection of thirteen baked goods.
This is an example of: usage of trade. 41 . Sweet Produce Company contract with Tasty Restaurant to ship six hundred heads of lettuce in three equal installments. When the first installment arrives, then heads of lettuce are rotten. Tasty may: reject the first installment only. 42. Pretty Jewels Company contracts to buy diamonds from Quality Gems, Inc. UT wrongfully refuses to accept the goods. Quality can recover damages equal to difference between the contract price and the market price at the time: and place of tender. 43. 0 Alpha Commodities, INC. Agrees to deliver ten tons of sheet metal to Bat builders Corporation.
The agreement states that delivery is to be within “3” days, although the parties intend “30” days. Alpha cannot convince beta to amend the contract. Alpha should seek: reformation. 44. Ann, the owner of Ann.’s Bicycle Store, sells a preened motorcycle to Cody. Ann is a merchant for purposes of the USC is she: holds herself out by occupation as having knowledge and skill unique to motorcycles. 45. All-Rite clothiers, Inc. , sells t-shirts to brand Name Stores, Inc. , under an existing contract. When textile cost increase, brand agrees to a price increase, but later wants to cancel the contract. Brand may: not cancel the contract. 6. Owen buys a motorcycle while still a minor and continues wow maintain and operate it after reaching the age of majority. Most courts would hold that he had: ratified the contract. 47. Jay is mentally incompetent but has not been so adjudged by a court. Any contract Jay enters into is avoidable: if e either does not know it is a contract or does not comprehend the consequences. 48. Alan owns two motorcycles, worth $1,000 and $500, respectively. Alan and Bribery enter into a contract for the sale of “??lan’s motorcycle” for $750. Alan believes, in faith, that she is buying the $1000 motorcycle.
Due to their mistake: there is not contract. 49. Under the objective theory of contracts, the intention to enter into a contract is Judged by outward, objective facts as interpreted by a reasonable person: TRUE 50. Three elements-agreement, consideration, and contractual capacity-are sufficient to form a binding contract: FALSE. Unit 6 Review: 1 . To create an enforceable security interest, the secured party must give value: TRUE 2. A financing statement is effective only if it is filed electronically: FALSE 3. An employee can discharge an employee due to garnishment:FALSE 4.
If the assets in a debtor’s estate in bankruptcy are insufficient to pay fully all creditor’s, none of the creditors re paid:FALSE 5. Kiwi Credit Corporation lends $20,000 to Ross. A financing statement is filed on Mall ,but the security agreement is not signed until Ross gets money on May 4. Ross also borrows money from State Bank, which advance funds, lies a financing statements, and signs security agreement on May 2. Ross used the same property as collateral for both loans. In a dispute between the lenders over rights to the collateral Quick Credit will: lose, because State Bank perfected first. . Green Landscape Company buys a backhoe on credit from Heavy Equipment Corporation, but does make a payment on the loan for several months. Heavy repossesses the backhoe by towing it from a public street, Green sues Heavy for breach of the peace. Green will probably: not prevail, because the repossession was not a breach of the peace. 7. Easy Credit, Inc. Repossesses ah television set(a consumer good that is not a purchase money security interest) from Fauna, intending to install it is Ease’s office instead of reselling it.
Easy notifies Fauna of this intent. Easy must notify: secured parties who have notified Easy of claims to the set and those whose claims are in the public records. 8. Owen borrows money from Pat. Owen defaults. To use attachment as remedy, Pat must first: file a suit against Owen. 9. Brenda files a Chapter petition for bankruptcy. She must include with the petition: a list of her creditors and the amount of the debt owed to each, a list of her property, ND a statement of her financial affairs. 10. Phial’s voluntary petition for bankruptcy is found to be proper.
The order for relief is effective as soon as : Phil files the petition. Chapter 7 Review: 1 . Employees who deal with third parties are agents of their employers. TRUE 2. A principal can ratify an agreement made without authorization on his or her behalf by one who is not his or her agent: TRUE 3. Lynn may hire employees to work in the computer store she manages despite the fact that her employment agreement with the owner says nothing about her being able to hire employees. This is: implied authority. 4. Carol hires Dick to act as her agent in the purchase of an office building. Carol does not want the seller to kook that she is the buyer, so she asks Dick to represent that he is buying the building for himself. Carol is: an undisclosed principal. 5. Molly drives a truck as an employee for National Delivery, Inc. Moll would probably be considered acting outside the scope of her employment if she: crashed into a car at the airport while off duty. 6. Girl is purchasing agent for H&H Rancho with the authority to buy cattle at a certain auction. After the cattle have been coordination suit against Quantity Properties, Inc. QPS), under Title VII of the Civil Rights Acts of 1964, based on JPL’s discharge of Past, In these circumstances, relief under Title VII may include: damages or Job reinstatement. 8. Gina has cerebral palsy, Hal is kleptomania, and both work for Investment Insurance Company. Considered disabled under the Americans Disabilities Act of 1990: is Gina only 9. Ace manufacturing Company requires its worker to have a high school diploma . In a suit against Ace under Title VII of the Civil Rights Act of 1964, this requirements won to have a discriminatory effect.
Ace defends against the suit on the ground that there is a definite connection between a high school education and Job performance: a business necessity defense. 10. Eagle Equipment Corporation discharges Jay, who then sues Eagle for employment discrimination under Title VII of the Civil Rights Acts of 1964. Eagle learns that Jay lied on his Job application and argues that, had Eagle known of the lie, it would have fired him. This is: no defense. Unit 8 Review: 1. The income of a sole proprietor taxed as his personal income: TRUE 2. In a limited liability company, members are barred from participating in its management.
FALSE 3. Any power set out in a corporation’s bylaws is ultra virus. FALSE 4. Bob, the owner of Best Bookkeeping, a sole proprietorship, wishes to increase his business capital while maintaining control. This can best be accomplished by: borrowing funds. 5. Ham is admitted to Investment Associates, an existing partnership. A partnership debt incurred before the date of his admission comes due. Ham is only : liable for the debt up to the amount of his capital contribution. 6. Alice, Bob, and Carol want to form a limited partnership to manage two restaurants; Lice’s Restaurant and Bob’s Deli.
In most states, a limited partnership is created when: a certificate of limited partnership is filed. 7. The shares of Capital Corporation are publicly traded in securities markets. Capital Corporations is: a publicly held corporation. 8. Rowel Tech Corporation is in the process of ending its existence. The legal death of the artificial “person” of the corporation is know as: dissolution 9. Even Isis director of Fine Stuff Corporation. Without information Fine, Eve goes into business with Great Thins, Inc. In competition with Fine. Eve is liable for breach of: the duty of loyalty. 10. Ames
Enterprise, a close corporation, may limit the sale of its shares to outsiders: by reasonable restrictions on the shares transferability. Unite 9 Review: 1 . Person who share property ownership rights simultaneously are concurrent owners: TRUE 2. Property acquired by gift during a marriage is community property: FALSE 3. A promise to deliver a gift constitutes constructive delivery: FALSE 4. Inadvertently, Bribery leave her briefcase at Clean Dry Launderers when she stops to pick up her clothes, The briefcase is: milkmaid property. (THE END) Sorry, this is all the information I found on this course!
I FOUND THE FINAL ) Hip Hip Hooray!! Collateral is not the subject of a security interest. : FALSE For a creditor to have an enforceable security interest, the debtor must have rights in the collateral. TRUE A security agreement’s description of collateral as “all the debtor’s assets” is A purchase-money security interest in consumer goods is perfected automatically at the time of a credit sale. :TRUE An employer can discharge an employee due to garnishment. :FALSE An agent can take advantage of an agency relationship to make a “secret” profit. FALSE If a principal does not ratify an otherwise unauthorized contract, the principal is not bound: TRUE If an agent acts within the scope of authority, a partially disclosed principal is liable to a third party for contracts made by the agent. : TRUE If an agent acts within the scope of authority, an undisclosed principal is liable to a third party for contracts made by the agent. : TRUE Right-to-work laws make it illegal for employers to discriminate in their hiring practices on the basis of race, color, sex, national origin, religion, or age. FALSE There are criminal penalties for violations of employee health and safety regulations. : TRUE Employers are required to establish retirement plans for their employees. : FALSE Many of the same remedies available under Title VII of the Civil Rights Act of 1964 are available under the Americans with Disabilities Act of 1990. : TRUE Unless the partnership agreement states otherwise, general partners share profits in the same ratio as capital contributions. : FALSE In a limited liability company, members do not have to participate in its management. TRUE The approval of shareholders is required to authorize amendments to articles of incorporation. : TRUE A person must be a shareholder of a corporation to serve as a director. : FALSE A board of directors generally conducts business without holding formal meetings. Corporate directors and officers are insurers of business success. : FALSE Tangible personal property has physical substance. : TRUE Co-ownership in which each of two or more persons owns an undivided fractional interest in property is a tenancy in common. : TRUE Delivery of intangible personal property must be done by symbolic delivery. TRUE One who finds lost property acquires title to it, good against the whole world, including the original owner. : FALSE Property that is voluntarily placed somewhere by its owner with no intention off reclaiming it is abandoned property. : FALSE In a bailsmen, title to the property is transferred to the bailed. : FALSE Dependable Credit Corporation asks Eagle Supply Company to agree to a security agreement that provides for coverage of the proceeds from the sale of after-acquired property. This is: FLOATING LIEN Amy signs a lease on behalf of Business Start-up, Inc. BBS), with Cool Properties, Inc. As part of the lease, Amy signs a document titled “GUARANTY,” which states that it is the decision of the court in Case 21 . 1, JSP, Inc. V. Hone Meat Co. , it is most likely that liability for the unpaid rent will be assessed against: AMY and BBS A petition for a discharge in bankruptcy under Chapter 11 may be filed by: Gina, Interstate Carrier, and Jiffy Railroad Owen drops out of school before he completes his college education and starts his own business. Five years later, Owen files for bankruptcy under Chapter 13.
Owen will obtain a discharge of all debts provided for by the Chapter 13 plan if the value of the property distributed under the plan is greater than what would have been available in a liquidation and: if he fails to make all payments due to events beyond his control National Computer Corporation (NC) employs Cynthia as an agent. NC gives her an exclusive territory in which to sell NC products. NC cannot compete with her in that territory under the duty of: cooperation. Without authorization, Kim contracts on behalf of Lee to have Mona paint the interior and exterior of Lee’s house.
Lee wishes to paint only the interior. Lee’s attempt to rescind that part of the contract relating to the exterior and ratify that part of the contract relating to the interior will be: totally unsuccessful Consolidated Computers, Inc. , lays off fifty of its five hundred workers, including Don. Consolidated can eliminate Don’s medical insurance coverage: if Consolidated impolitely eliminates its group benefit plan Ken, who is Hispanic, applies for a Job at Local Plant, Inc. The interviewer says that Local Plant does not hire Hispanics. This is: impermissible discrimination on the basis of race.
Gina has cerebral palsy, Hal is kleptomania, and both work for Investment Insurance Company. Considered disabled under the Americans with Disabilities Act of 1990: is Gina only. Eagle Equipment Corporation discharges Jay, who then sues Eagle for employment discrimination under Title VII of the Civil Rights Act of 1964. Eagle learns that Jay lied n his Job application and argues that, had Eagle known of the lie, it would have fired him. This is: no defense. Alan and Beth agree while talking on the phone to form a partnership to run a carpentry shop.
Their partnership agreement is legally binding: without more. Holly holds herself out as the managing partner of Interstate Investments, a partnership, even though she has no connection to the firm, and obtains a loan based on this misrepresentation. Holly’s default on the loan results in:Holly’s sole liability for the amount. Paul is Quick Corporation’s promoter. Before Quiz’s formation, Paul contacts Ross, who agrees to buy stock in Quick. This agreement is: a subscription agreement Stan is a registered agent for Transport, Inc. , which incorporated in Utah.
As a registered agent, Stan: receives legal documents on behalf of Transport. Quick Company claims to be a corporation but it is not. Pam signs a contract with Quick that is not performed. In Pam’s suit against Quick, a court will likely recognize the firm as: a corporation by estoppels Cody and Diana form Eagle Corporation. Eagle has a board of directors, a chief governed by its: board of directors Ann and Bill form Consumer Sales, Inc. Ultimate responsibility for policy decisions accessory to the management of corporate affairs rests with Consumer’s: board of directors Carol is a director of Diners Restaurants, Inc.
Carol would breach her duty of loyalty if she: buys stock in Great Foods Corporation, a competing firm. April owns six 1967 Ford Mustangs in fee simple. April can: use, transfer, or dispose of the cars, as she chooses. Gary owns Handy Hardware Store. He sells the store to Irma and Jake, who write on the documents of transfer that they own the store as “Joint tenants with right of survivorship, and not as tenants in common. ” Irma and Jake: are co-owners of the store as Joint tenants. Gail and Hal are married and own a van in such a way that neither may transfer separately his or her interest during his or her lifetime.
Gail and Hal own the van as: tenants by the entirety Air is declared mentally incompetent. Jay, Aria’s son, is named his guardian. At Jay’s insistence, Air transfers his assets to Jay “for safekeeping. ” A court might conclude that this gift is not effective on the ground that there was no: donation intent Lee wants to give a pearl necklace to his sister May. Lee delivers the necklace to Nora and tells her to give it to May. Nora delivers the necklace to May the next day. In hose circumstances, the gift is: effective when Nora delivers the necklace to May.
Idaho Farms mistakenly puts its potatoes in Jolly Harvest’s storage bin, which already contains Jolly Harvest’s potatoes. It is impossible to tell which potatoes originally belonged to either party. This is: confusion Bob rents a golf cart at Country Club Golf Course. The brakes are worn, and while Bob is driving the cart, they fail. The cart crashes into a tree, and Bob is injured. Country Club could have discovered, with reasonable diligence, that the brakes were worn. Liability for Bob’s injuries most likely rests with: Country Club only.