Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under “Final Exam”.
ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY. IF YOU HAVE
ANY, ANY
DOUBT IT POSTED PROPERLY, PLEASE
ALSO
EMAIL TO ME AT
[email protected]
. Only the post in the assignment folder will be graded, absent any technical problems with reading the file in the assignment folder.
There are 25 multiple choice questions; there are 9 essay questions.
The exam is worth a total of 100 points.
Section: Section I. Multiple Choice: 25 questions/50 points
USE THE ANSWER SHEET
included at the bottom of this page for answers; copy and paste it as is, no changes, please.
DO NOT COPY Multiple Choice QUESTIONS.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text.
If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
1. Sam orally agreed to sell Ramie some land for $500,000. Ramie paid Sam the $500,000; Sam gave Ramie the deed to the land. Ramie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Ramie to invalidate the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written to be valid.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot rescind the contract.
d) Lose; because Ramie had begun building a cabin on the property, Sam cannot rescind the contract.
2. On Tuesday, Sam offered to sell his CD collection to Sandy for $100. Sandy replied, "I'm interested. I'll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Sam agreed to sell the CDs to Jason, and Jason immediately gave Sam a letter that stated:
"Sam, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason."
Upon Sam's receipt of this letter on Wednesday, what best describes Sam’s contract agreement(s)?
a) By forming an agreement with Jason, Sam breached his contract with Sandy because he did not effectively revoke his offer to Sandy.
b) Sam has formed contracts with both Jason and Sandy because Sam did not effectively revoke his offer to Sandy and created an enforceable written agreement with Jas ...
This document contains a 10 question multiple choice quiz about contract law. The questions cover topics like contract formation and validity, offer and acceptance, the statute of frauds, contract defenses, and remedies for breach of contract. Sample answer choices are provided for each question.
1. Sam sold land to Ramie for $500,000. After Ramie took possession and began building, Sam tried to invalidate the oral contract. The court will likely rule in favor of Ramie because the contract was fully executed.
2. Sam formed an enforceable contract with Jason for the sale of CDs after Jason sent a letter accepting Sam's offer and stating the agreed payment terms, even though Sam had previously discussed the potential sale with Sandy.
3. When a dispute arose under a contract requiring binding arbitration, the court will likely compel the parties to submit to arbitration per the contract terms rather than allowing a lawsuit.
Multiple Choice (0.5 point each) 1. Sam orally agreed to sell .docxjacmariek5
The court will likely rule that Sam loses because the oral land sale contract was fully executed, meaning Jamie paid Sam and took possession of the land, so Sam cannot now invalidate the contract.
Regarding the second scenario, the court will likely rule that Jon effectively revoked his offer to Sandy and formed an enforceable written contract with Jason to sell his CD collection.
In the third scenario, the court will likely compel Mac to submit to binding arbitration to resolve the dispute with Rhamad per their contract, rather than allowing Mac's lawsuit to proceed.
Multiple Choice 1. Sam orally agreed to sell Jamie some land f.docxrosemarybdodson23141
Multiple Choice:
1. Sam orally agreed to sell Jamie some land for $500,000. Jamie paid Sam the $500,000; Sam gave Jamie the deed to the land. Jamie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Jamie to invalidate the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written to be valid under the Statute of Frauds.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot rescind the contract.
d) Lose; because Jamie had begun building a cabin on the property, Sam cannot rescind the contract.
2. On Tuesday, Jon offered to sell his CD collection to Sandy for $100. Sandy replied, "I'm interested. I'll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Jon agreed to sell the CDs to Jason, and Jason immediately gave Jon a letter that stated:
"Jon, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason."
Upon Jon's receipt of this letter on Wednesday, what best describes Jon’s contract agreement(s)?
a) By forming an agreement with Jason, Jon breached his contract with Sandy because he did not effectively revoke his offer to Sandy.
b) Jon has formed contracts with both Jason and Sandy because Jon did not effectively revoke his offer to Sandy and created an enforceable written agreement with Jason.
c). Jon and Jason have formed a valid, enforceable contract; Jon’s offer to Sandy was properly revoked.
d) Jon effectively revoked his offer to Sandy, but has not formed an enforceable contract with Jason because Jason has not yet paid for the CD collection.
3. Mac and Rhamad signed a business contract with a clause that provides that if a dispute arises they must submit to binding arbitration to resolve the dispute. After they had been doing business together for a year, a dispute arose under the terms of the contract. Rather than submit to arbitration, Mac filed a lawsuit against Rhamad. Most likely the court will:
a) Hear the lawsuit because Mac cannot be compelled to submit to arbitration; he is constitutionally entitled to a jury trial if he requests a trial.
b) Conduct a hearing, then order a remedy without compelling Mac to submit to arbitration or to a jury trial.
c) Compel Mac to submit to arbitration to resolve the dispute.
d) Hear the lawsuit in a trial, then compel Mac to submit to arbitration, if Mac is not satisfied with the trial decision.
4. Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt. Colt sued Roxy in a Wyoming court for damages to his store.
Will the Wyoming court likely be able to exercise jurisdiction over Roxy?.
Sam orally agreed to sell land to Ramie for $500,000. Ramie paid and took possession. When Sam later tried to retake the land by arguing the oral contract was invalid, the court will likely rule against Sam because the contract was fully executed.
Short Answer41) Sally operates a large manufacturing firm near.docxlesleyryder69361
Short Answer
41) Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?
42) John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.
43) Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?
44) Louise owned a house next to Robert's house. Robert made a contract with Midcity Painters to paint his house. The painters arrived to paint Robert's house, but mistakenly painted Louise's house. She saw the painters at work and made no comment. Later, Midcity Painters sent Louise a bill for painting her house. She claimed that she was not liable because she had not made any contract with them. Is this a valid defense?
45) Mary offered to sell Mike several pieces of rare Chinese art at a very good price because they were duplicates in her own collection. Mike could not accept the offer at that time, but he did give Mary $500 in return for her promise to keep her offer open for three (3) weeks. Mike returned with the agreed-upon balance two weeks later to find that Mary already had sold the pieces she had offered to sell to him. Mary explained that she had been able to get a better price from another buyer. She offered to return Mike's $500 and insisted that this was all she was obligated to do. Is Mary right?
46) John received a promotion at work and felt new clothes would be necessary in the new position. John went to a local store and charged three ties on his charge account at a cost of $60 each. Bill, a friend of John's, saw a sidewalk vendor selling ties at a cost of three for $10 and bought three at that price. The friends compared purchases that night and found that they had purchased identical ties. John became enraged and said that he would not pay the charge-account bill because the t.
76) Jana finds a home priced at $180,000 that she would like to bu.docxevonnehoggarth79783
76) Jana finds a home priced at $180,000 that she would like to buy. She is
concerned, however, about her ability to get a loan. Accordingly, she and
the seller reach agreement that Jana will buy the home if she can get a loan
for $180,000 within 45 days. What type of condition is this agreement?
a. An express condition.
b. A concurrent condition.
c. A condition precedent.
d. a and c.
e. a, b, and c.
77) When an employee breaches a fixed-term employment contract by quitting
before the end of the term, what can the employer recover as damages?
a. All amounts already paid to the employee under the contract.
b. Nothing, because courts do not order anyone to perform a job against his or
her will.
c. Only specific performance.
d. Only amounts paid to the employee for which the employee has not yet done
the work.
e. The costs of hiring a replacement employee plus any increase in salary paid
to the replacement employee.
78) The doctrine that places a duty on a non-breaching party to take reasonable
steps to reduce damages is called:
a. garnishment.
b. mitigation.
c. liquidation.
d. avoidance.
e. reciprocal duties.
79) Alice has a contract with a surgeon to have a medical procedure performed
on July 17. The surgeon notifies Alice on July 5 that he is in the Bahamas
and will be there until the end of August and will not be able to do the surgery. Which of the
following is true at this point?
a. Alice must give the surgeon 90 days in which to schedule the surgery after
July 17.
b. There will be no breach until July 17.
c. If Alice contracts with another surgeon prior to July 17, and this second surgeon is aware of Alice’s original contract, the second surgeon has no obligation to perform.
d. Alice must wait until July 17, and if the surgeon does not perform the procedure, then Alice can contract with another surgeon.
e. Alice is free to contract with another surgeon.
80) A construction contractor entered into a contract to build a family room addition onto
Harry’s home for $25,000. In order to encourage timely performance, the agreement provided
that the contractor would be penalized $5,000 as liquidated damages for each day that the project
was late in getting finished. The contractor was 30 days late in finishing the project, but
otherwise met the terms of the agreement. What is most likely in this situation?
a. The liquidated damages clause would not be enforced due to its being excessive.
b. The liquidated damages clause would not be enforced because the parties
made a mutual mistake about when the contract would be finished.
c. The liquidated damages clause would be enforced only if it can be shown that the contractor has made that much in profits over the past six months.
d. The liquidated damages clause would be enforced.
e. The liquidated damages clause would be limited to $25,000, the amount of the contract price.
81) The highest price paid to date for the purchase of a domain name has been
to pu.
UMUC - The Undergraduate SchoolBusiness and Professional Program.docxmarilucorr
UMUC - The Undergraduate School
Business and Professional Programs
BMGT 380 - Final Exam – Fall 2017
GOOD LUCK!!
Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the correct file.
The exam is worth a total of 100 points.
Section I. Multiple Choice: 30 questions/60 points
USE THE ANSWER SHEET included at the bottom of this page for answers; copy and paste it as is, no changes, please. Please do not copy Multiple Choice questions to the answer sheet.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text. If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A. Affects interstate commerce and, therefore, can be subject to federal regulation.
B. Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C. Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D. Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2. Which of the following would typically take place in an appellate court?
A. Direct examination of witnesses by attorneys.
B. Choosing a jury.
C. Testimony of witnesses.
D. None of the above.
3. Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A. No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B. Yes, because the Missouri court can claim in rem (property) jurisdiction over Larry in ...
This document contains a 10 question multiple choice quiz about contract law. The questions cover topics like contract formation and validity, offer and acceptance, the statute of frauds, contract defenses, and remedies for breach of contract. Sample answer choices are provided for each question.
1. Sam sold land to Ramie for $500,000. After Ramie took possession and began building, Sam tried to invalidate the oral contract. The court will likely rule in favor of Ramie because the contract was fully executed.
2. Sam formed an enforceable contract with Jason for the sale of CDs after Jason sent a letter accepting Sam's offer and stating the agreed payment terms, even though Sam had previously discussed the potential sale with Sandy.
3. When a dispute arose under a contract requiring binding arbitration, the court will likely compel the parties to submit to arbitration per the contract terms rather than allowing a lawsuit.
Multiple Choice (0.5 point each) 1. Sam orally agreed to sell .docxjacmariek5
The court will likely rule that Sam loses because the oral land sale contract was fully executed, meaning Jamie paid Sam and took possession of the land, so Sam cannot now invalidate the contract.
Regarding the second scenario, the court will likely rule that Jon effectively revoked his offer to Sandy and formed an enforceable written contract with Jason to sell his CD collection.
In the third scenario, the court will likely compel Mac to submit to binding arbitration to resolve the dispute with Rhamad per their contract, rather than allowing Mac's lawsuit to proceed.
Multiple Choice 1. Sam orally agreed to sell Jamie some land f.docxrosemarybdodson23141
Multiple Choice:
1. Sam orally agreed to sell Jamie some land for $500,000. Jamie paid Sam the $500,000; Sam gave Jamie the deed to the land. Jamie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Jamie to invalidate the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written to be valid under the Statute of Frauds.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot rescind the contract.
d) Lose; because Jamie had begun building a cabin on the property, Sam cannot rescind the contract.
2. On Tuesday, Jon offered to sell his CD collection to Sandy for $100. Sandy replied, "I'm interested. I'll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Jon agreed to sell the CDs to Jason, and Jason immediately gave Jon a letter that stated:
"Jon, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason."
Upon Jon's receipt of this letter on Wednesday, what best describes Jon’s contract agreement(s)?
a) By forming an agreement with Jason, Jon breached his contract with Sandy because he did not effectively revoke his offer to Sandy.
b) Jon has formed contracts with both Jason and Sandy because Jon did not effectively revoke his offer to Sandy and created an enforceable written agreement with Jason.
c). Jon and Jason have formed a valid, enforceable contract; Jon’s offer to Sandy was properly revoked.
d) Jon effectively revoked his offer to Sandy, but has not formed an enforceable contract with Jason because Jason has not yet paid for the CD collection.
3. Mac and Rhamad signed a business contract with a clause that provides that if a dispute arises they must submit to binding arbitration to resolve the dispute. After they had been doing business together for a year, a dispute arose under the terms of the contract. Rather than submit to arbitration, Mac filed a lawsuit against Rhamad. Most likely the court will:
a) Hear the lawsuit because Mac cannot be compelled to submit to arbitration; he is constitutionally entitled to a jury trial if he requests a trial.
b) Conduct a hearing, then order a remedy without compelling Mac to submit to arbitration or to a jury trial.
c) Compel Mac to submit to arbitration to resolve the dispute.
d) Hear the lawsuit in a trial, then compel Mac to submit to arbitration, if Mac is not satisfied with the trial decision.
4. Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt. Colt sued Roxy in a Wyoming court for damages to his store.
Will the Wyoming court likely be able to exercise jurisdiction over Roxy?.
Sam orally agreed to sell land to Ramie for $500,000. Ramie paid and took possession. When Sam later tried to retake the land by arguing the oral contract was invalid, the court will likely rule against Sam because the contract was fully executed.
Short Answer41) Sally operates a large manufacturing firm near.docxlesleyryder69361
Short Answer
41) Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?
42) John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.
43) Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?
44) Louise owned a house next to Robert's house. Robert made a contract with Midcity Painters to paint his house. The painters arrived to paint Robert's house, but mistakenly painted Louise's house. She saw the painters at work and made no comment. Later, Midcity Painters sent Louise a bill for painting her house. She claimed that she was not liable because she had not made any contract with them. Is this a valid defense?
45) Mary offered to sell Mike several pieces of rare Chinese art at a very good price because they were duplicates in her own collection. Mike could not accept the offer at that time, but he did give Mary $500 in return for her promise to keep her offer open for three (3) weeks. Mike returned with the agreed-upon balance two weeks later to find that Mary already had sold the pieces she had offered to sell to him. Mary explained that she had been able to get a better price from another buyer. She offered to return Mike's $500 and insisted that this was all she was obligated to do. Is Mary right?
46) John received a promotion at work and felt new clothes would be necessary in the new position. John went to a local store and charged three ties on his charge account at a cost of $60 each. Bill, a friend of John's, saw a sidewalk vendor selling ties at a cost of three for $10 and bought three at that price. The friends compared purchases that night and found that they had purchased identical ties. John became enraged and said that he would not pay the charge-account bill because the t.
76) Jana finds a home priced at $180,000 that she would like to bu.docxevonnehoggarth79783
76) Jana finds a home priced at $180,000 that she would like to buy. She is
concerned, however, about her ability to get a loan. Accordingly, she and
the seller reach agreement that Jana will buy the home if she can get a loan
for $180,000 within 45 days. What type of condition is this agreement?
a. An express condition.
b. A concurrent condition.
c. A condition precedent.
d. a and c.
e. a, b, and c.
77) When an employee breaches a fixed-term employment contract by quitting
before the end of the term, what can the employer recover as damages?
a. All amounts already paid to the employee under the contract.
b. Nothing, because courts do not order anyone to perform a job against his or
her will.
c. Only specific performance.
d. Only amounts paid to the employee for which the employee has not yet done
the work.
e. The costs of hiring a replacement employee plus any increase in salary paid
to the replacement employee.
78) The doctrine that places a duty on a non-breaching party to take reasonable
steps to reduce damages is called:
a. garnishment.
b. mitigation.
c. liquidation.
d. avoidance.
e. reciprocal duties.
79) Alice has a contract with a surgeon to have a medical procedure performed
on July 17. The surgeon notifies Alice on July 5 that he is in the Bahamas
and will be there until the end of August and will not be able to do the surgery. Which of the
following is true at this point?
a. Alice must give the surgeon 90 days in which to schedule the surgery after
July 17.
b. There will be no breach until July 17.
c. If Alice contracts with another surgeon prior to July 17, and this second surgeon is aware of Alice’s original contract, the second surgeon has no obligation to perform.
d. Alice must wait until July 17, and if the surgeon does not perform the procedure, then Alice can contract with another surgeon.
e. Alice is free to contract with another surgeon.
80) A construction contractor entered into a contract to build a family room addition onto
Harry’s home for $25,000. In order to encourage timely performance, the agreement provided
that the contractor would be penalized $5,000 as liquidated damages for each day that the project
was late in getting finished. The contractor was 30 days late in finishing the project, but
otherwise met the terms of the agreement. What is most likely in this situation?
a. The liquidated damages clause would not be enforced due to its being excessive.
b. The liquidated damages clause would not be enforced because the parties
made a mutual mistake about when the contract would be finished.
c. The liquidated damages clause would be enforced only if it can be shown that the contractor has made that much in profits over the past six months.
d. The liquidated damages clause would be enforced.
e. The liquidated damages clause would be limited to $25,000, the amount of the contract price.
81) The highest price paid to date for the purchase of a domain name has been
to pu.
UMUC - The Undergraduate SchoolBusiness and Professional Program.docxmarilucorr
UMUC - The Undergraduate School
Business and Professional Programs
BMGT 380 - Final Exam – Fall 2017
GOOD LUCK!!
Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the correct file.
The exam is worth a total of 100 points.
Section I. Multiple Choice: 30 questions/60 points
USE THE ANSWER SHEET included at the bottom of this page for answers; copy and paste it as is, no changes, please. Please do not copy Multiple Choice questions to the answer sheet.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text. If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A. Affects interstate commerce and, therefore, can be subject to federal regulation.
B. Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C. Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D. Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2. Which of the following would typically take place in an appellate court?
A. Direct examination of witnesses by attorneys.
B. Choosing a jury.
C. Testimony of witnesses.
D. None of the above.
3. Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A. No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B. Yes, because the Missouri court can claim in rem (property) jurisdiction over Larry in ...
PART IA. Please read carefully each of the following truef.docxherbertwilson5999
PART I
A. Please read carefully each of the following true/false questions, making sure to mark a response for each question, selecting the most correct response
(T)(F) 1. Contract law is one of the most significant areas of law relating to business and commerce.
(T)(F) 2. The party that breaches a contract will be subject to legal but not equitable penalties because a contract
is a legal document.
(T)(F) 3. An executed contract is one that has been fully performed.
(T)(F) 4. Quasi-contracts do not arise from a mutual agreement by the parties but are imposed by courts to avoid unjustly enriching a party who should not profit from improper behavior.
(T)(F) 5. Advertisements are generally treated as offers, which if accepted, become immediately binding.
(T)(F) 6. A rejection of an offer by the offeree will not necessarily terminate an offer.
(T)(F) 7. Under the common law, the mirror image rule permitted the offeree's acceptance of a contract to vary to some degree from the offeror's offer.
(T)(F) 8. For the doctrine of promissory estoppel (detrimental reliance) to apply, there still must be a contract with
adequate consideration.
(T)(F) 9. In order for consideration to have "legally sufficient value", it must consist of goods or money.
(T)(F)10. In general, promises based on moral obligations are always enforceable due to the pre-existing duty rule.
(T)(F)11. A promise to do what one already has a legal duty to do is not consideration.
(T)(F)12. Parents still owe a legal duty to provide food, clothing, and shelter for their children regardless of emancipation.
(T)(F)13. The fact that a minor has a right to disaffirm a contract permits an adult who is a party to that very same
contract to cancel it without penalty or liability.
(T)(F)14. In some states, some contracts for such things as student loans and insurance may not be disaffirmed by a minor under any circumstances.
(T)(F)15. Only a legal guardian can enter into a legally binding contract on behalf of a person who has been adjudicated
as mentally incompetent.
(T)(F)16. Mistakes in judgment as to value or quality will always be grounds to permit voiding a contract.
(T)(F)17. Fraudulent contracts may be voided based on the argument that the innocent party was unable to consent to the agreement due to the fraud.
(T)(F)18. Restrictive covenants and covenants not to compete are always struck down because they are unreasonable
restraints of trade.
(T)(F)19. Impossibility, excusing performance of a contract, is measured objectively.
(T)(F)20. If Rose and Peter sign a contract in which Peter agrees to buy a handmade shawl from Rose, then the fact that Peter decides to breach the contract will give Annie, a close friend of Rose, the right to sue Peter for
his b.
PLEASE FOLLOW THE DIRECTIONS BELOW AND USE THE BELOW POLICY TO REFER.docxmodi11
PLEASE FOLLOW THE DIRECTIONS BELOW AND USE THE BELOW POLICY TO REFERENCE. THIS IS PART 2 OF THE PREVIOUS PAPER.
Comparing International Healthcare Delivery Systems Description Each student will prepare a PowerPoint presentation, including detailed speaker notes in APA format, examining an international health system compared to the reformed U.S. health system. Directions: Students will prepare the presentation using PowerPoint that will provide: a discussion of the country, culture, and governance structure compared to the U.S. structure the historical background of the development of the health system including a description of the health system type, cost analysis, and funding stream compared to the reformed U.S. system a discussion of systematic and financial health policy issues that would indicate success or failure driven by politics in each country a discussion of the health system’s performance including outcomes, and a comparative analysis of costs compared to the U.S. health system The presentation will be professional and include: speaker notes that are detailed and cited with the most current information available and matching references on the reference slide no older then 2010 slides that are cited and contain no more than 40 words per slide with matching references on the reference slide graphics that are cited with a matching reference on the reference slide written permission for graphics that hold a copyright a title page slide at the beginning and a reference slide at the end in APA format 15 slides counting the title slide and reference slide Each student will post the presentation to Doc Sharing for review by peers and to the Dropbox for grading by day three of Unit 7. Each student will also post two questions in the Unit 7 Discussion topic 2 thread that will foster political debate.
THIS INCLUDES THE 2 SEPERATE QUESTIONS ALSO TO POST
Policy Change Proposal Section II
Introduction
The proposed policy change is meant to improve the effectiveness of public laws and regulations and even give information on the public use of funds. Further, it will address the practices of the private sector employment that affects the ability of people to work and make their living above the poverty line and this mostly applies to the youths, unmarried dependent adults. The proposal is meant to make the public policy more inclusive, collaborative and responsive to the interests of the ordinary citizen so as to prepare them for their future life.
From the proposed amendment, there are measurable goals that will determine the level of success of the policy change proposal and this will include: First, by the end of the year we expect 60% of unmarried adult children to be independent and live an economically viable lifestyle. Second, by the end of 2018, the rate of poverty to reduce by 19% since the country will be composed of economically productive youths. Lastly, we expect the employment rate in the country t.
Please help me with my Biblography paper. And include a copy of th.docxmodi11
This request asks for help on a bibliography paper about the topic "Life with Social Media" and its positive effects, following APA format. The paper should include an introduction and list of sources used in 3 references cited in APA style.
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Similar to Exam InstructionsOpen book exam may use textbook, class notesle.docx
PART IA. Please read carefully each of the following truef.docxherbertwilson5999
PART I
A. Please read carefully each of the following true/false questions, making sure to mark a response for each question, selecting the most correct response
(T)(F) 1. Contract law is one of the most significant areas of law relating to business and commerce.
(T)(F) 2. The party that breaches a contract will be subject to legal but not equitable penalties because a contract
is a legal document.
(T)(F) 3. An executed contract is one that has been fully performed.
(T)(F) 4. Quasi-contracts do not arise from a mutual agreement by the parties but are imposed by courts to avoid unjustly enriching a party who should not profit from improper behavior.
(T)(F) 5. Advertisements are generally treated as offers, which if accepted, become immediately binding.
(T)(F) 6. A rejection of an offer by the offeree will not necessarily terminate an offer.
(T)(F) 7. Under the common law, the mirror image rule permitted the offeree's acceptance of a contract to vary to some degree from the offeror's offer.
(T)(F) 8. For the doctrine of promissory estoppel (detrimental reliance) to apply, there still must be a contract with
adequate consideration.
(T)(F) 9. In order for consideration to have "legally sufficient value", it must consist of goods or money.
(T)(F)10. In general, promises based on moral obligations are always enforceable due to the pre-existing duty rule.
(T)(F)11. A promise to do what one already has a legal duty to do is not consideration.
(T)(F)12. Parents still owe a legal duty to provide food, clothing, and shelter for their children regardless of emancipation.
(T)(F)13. The fact that a minor has a right to disaffirm a contract permits an adult who is a party to that very same
contract to cancel it without penalty or liability.
(T)(F)14. In some states, some contracts for such things as student loans and insurance may not be disaffirmed by a minor under any circumstances.
(T)(F)15. Only a legal guardian can enter into a legally binding contract on behalf of a person who has been adjudicated
as mentally incompetent.
(T)(F)16. Mistakes in judgment as to value or quality will always be grounds to permit voiding a contract.
(T)(F)17. Fraudulent contracts may be voided based on the argument that the innocent party was unable to consent to the agreement due to the fraud.
(T)(F)18. Restrictive covenants and covenants not to compete are always struck down because they are unreasonable
restraints of trade.
(T)(F)19. Impossibility, excusing performance of a contract, is measured objectively.
(T)(F)20. If Rose and Peter sign a contract in which Peter agrees to buy a handmade shawl from Rose, then the fact that Peter decides to breach the contract will give Annie, a close friend of Rose, the right to sue Peter for
his b.
PLEASE FOLLOW THE DIRECTIONS BELOW AND USE THE BELOW POLICY TO REFER.docxmodi11
PLEASE FOLLOW THE DIRECTIONS BELOW AND USE THE BELOW POLICY TO REFERENCE. THIS IS PART 2 OF THE PREVIOUS PAPER.
Comparing International Healthcare Delivery Systems Description Each student will prepare a PowerPoint presentation, including detailed speaker notes in APA format, examining an international health system compared to the reformed U.S. health system. Directions: Students will prepare the presentation using PowerPoint that will provide: a discussion of the country, culture, and governance structure compared to the U.S. structure the historical background of the development of the health system including a description of the health system type, cost analysis, and funding stream compared to the reformed U.S. system a discussion of systematic and financial health policy issues that would indicate success or failure driven by politics in each country a discussion of the health system’s performance including outcomes, and a comparative analysis of costs compared to the U.S. health system The presentation will be professional and include: speaker notes that are detailed and cited with the most current information available and matching references on the reference slide no older then 2010 slides that are cited and contain no more than 40 words per slide with matching references on the reference slide graphics that are cited with a matching reference on the reference slide written permission for graphics that hold a copyright a title page slide at the beginning and a reference slide at the end in APA format 15 slides counting the title slide and reference slide Each student will post the presentation to Doc Sharing for review by peers and to the Dropbox for grading by day three of Unit 7. Each student will also post two questions in the Unit 7 Discussion topic 2 thread that will foster political debate.
THIS INCLUDES THE 2 SEPERATE QUESTIONS ALSO TO POST
Policy Change Proposal Section II
Introduction
The proposed policy change is meant to improve the effectiveness of public laws and regulations and even give information on the public use of funds. Further, it will address the practices of the private sector employment that affects the ability of people to work and make their living above the poverty line and this mostly applies to the youths, unmarried dependent adults. The proposal is meant to make the public policy more inclusive, collaborative and responsive to the interests of the ordinary citizen so as to prepare them for their future life.
From the proposed amendment, there are measurable goals that will determine the level of success of the policy change proposal and this will include: First, by the end of the year we expect 60% of unmarried adult children to be independent and live an economically viable lifestyle. Second, by the end of 2018, the rate of poverty to reduce by 19% since the country will be composed of economically productive youths. Lastly, we expect the employment rate in the country t.
Please help me with my Biblography paper. And include a copy of th.docxmodi11
This request asks for help on a bibliography paper about the topic "Life with Social Media" and its positive effects, following APA format. The paper should include an introduction and list of sources used in 3 references cited in APA style.
Please follow the isntructions exact and fill in the projected numbe.docxmodi11
This document provides instructions for filling out an attached excel sheet with projected numbers. It emphasizes the importance of using excel formulas to calculate the numbers rather than manually entering them, as formulas will count for 50% of the final grade. Students are asked to carefully follow the directions and calculate the numbers accurately using formulas.
Please follow the instructions carefully. i attached two files. the.docxmodi11
Please follow the instructions carefully. i attached two files. the first file is the question that u need to answer. the second file is the instructions of how ur respond should look like..
Please write for three students..THREE DIFFERENT VERSIONS..like one agrees with the topic and two others disagree whatever u like but make sure they are different...
Thank You!
.
please follow it carefully.The topic is about how and why was th.docxmodi11
please follow it carefully.
The topic is about how and why was the spartan army the best of its time
please read it before writing.
Remember no biography.
due Satuarday
11/15/2014
this homework uses the same prompt that I have sent the to your email
.
Please fix my draft and give the final version .... My topic is abou.docxmodi11
This document requests assistance editing a draft paper about the positive aspects of social media addiction. The draft needs revisions to the thesis statement to support social media and ensure all information from 5 sources is included and cited in APA format. The edited draft is required to be completed by Tuesday.
Please find the attachment which describes the Project. . I am alrea.docxmodi11
Please find the attachment which describes the Project. . I am already done with all the parts except the last part which is formulate a plan to visit(4-6pages).......................we have selected the Istanbul where will start our subway and it will be the joint venture with the existing franchise owner........content that are must to be included in paper .....
1. objectives of vist : opening a franchise of subway(resturant) in turkey, introducing halal menu as existing in Uk subways .... and so on...
2. whom to meet : busniess partners,health department(licensing work), food department(licensing work), water dept. etc etc etc.....also will lease the land as per requirment of franchise so to meet estate agents and then select the best location for busniess like the shopping mall or transportation stations ......
3)travelling plan : 3 people will go..specify its ability say for example 1 is good as chef other is good at paper work and meeting officials etc ...by air,,,for a week or so...will stay in nearest hotels where we can meet all the goverment officials for licensing and paper work.....will land on nearest airport in Istanbul city ...for boston logan airport....
4) cost estimate for the visit : all the fares including hotel ,travelling, etc
.
Please help my best offer $10.00Write 250- to 350-word answers t.docxmodi11
Please help
my best offer $10.00
Write 250- to 350-word answers to each of the following questions in the matrix:
Questions
Answers
What is meant by the term media convergence with regard to technology, and how has it affected everyday life?
What is meant by the term media convergence with regard to business, and how has it affected everyday life?
What are some of the issues that result from dependency on modern media? Describe at least three issues.
How does media literacy help with responsible media consumption?
.
.
Please help, im lost!Fill in each blank with the most appropriate .docxmodi11
Please help, im lost!
Fill in each blank with the most appropriate word from Lesson 2. Use a word or any of its forms once. (Words at the bottom of the page
1. Balancing a budget is a(n)______task for individuals as well as for governments.
2. When several people pass along information one by one, the inevitably_____it.
3. Although admirers were eager to lionize the Bronte sisters, they were_______s, preferring their own company to that of the outside world.
4. Thomas Carlyle says that "__________is hard upon a man" but that prosperity is even harder to endure.
5. A clever_______may win admiration for wit but discourage gentler feelings.
6. Readers of Beverly Cleary's_______have met Henry Huggins, an amusing character who appears in a succession of her of her novels.
7. As they leap, turn somersaults, and otherwise________ their bodies, Olympic gymnasts prove their suppleness.
8. Although the nursery rhyme begins, "Mary, Mary, quite contrary," The references to her garden and "maids all in a row" do not explain why she is_______.
WORDS:
adversity avert contort distort introvert perverse prose retort subservient subvert tortuous
.
Please go over the instructions carefully.the Topic is about 1.docxmodi11
Please go over the instructions carefully.
the Topic is about
1)
What is meant by New Urbanism?
Why are some observers critical of this movement?
Do you think that New Urbanism can solve the social problems confronting metropolitan regions?
the paper should be 5 pages.
I need this work to be done on 29 November at 3 pm Los Angeles CA Time.
Best,
.
please follow---Tuskegee Reaction Paper. If a student prefer.docxmodi11
please follow---
Tuskegee Reaction Paper
. If a student prefers not to participate in a psychology research study, for any reason, he or she may choose to write a 3-page, double-spaced typed reflection paper on the unethical Tuskegee Syphilis Studies (1932-1972). Papers must include a one-paragraph summary (you MUST list all references used). The remainder of the paper must be the student’s thoughtful REACTION to this historical event. NO INFORMATION MAY BE DIRECTLY COPIED FRO
M THE INTERNET OR OTHER SOURCES OR THIS WILL RESULT IN A “0” for the grade
.
Please explain in 200 words Many attractive jobs have left the.docxmodi11
Many attractive jobs have left the US for countries like China and India through outsourcing. While outsourcing provides cheaper products, some argue it harms American workers and enables sweatshops. Others believe cheaper goods benefit the US economy. The document asks if outsourcing is ethical and if the US government should discourage the practice.
In this assignment you are going to become photojournalists. Go into.docxmodi11
In this assignment you are going to become photojournalists. Go into your community with a camera and gather evidence to create a PowerPoint presentation of progress (or lack of progress, if you wish) made toward the achievement of civil rights of these and other groups in society. Think about changes in peoples’ rights, including women, the elderly, the disabled, and ethnic and racial minorities. Look at businesses, place names, neighborhoods, public facilities, parks, monuments and other aspects of the built environment.
Be sure to include and fulfill the following objectives in your presentation.
• Your presentation makes a definitive statement about the progress (or lack of progress) that has been made in your community since the Civil Rights movements of the 1960s.
• The photos are your own original work. The quality of your photos will not be assessed.
• Each slide supports or refutes the thesis that progress has been made in the community since the Civil Rights era of the 1960s.
Caution:
Do not take pictures of children in public places or at schools. Photographing people is not recommended because it requires getting permission. Do not trespass on private property without written permission from the owner. If in doubt about the appropriateness of your proposed photo subject, consult your instructor.
Please take a look at the unit assignment grading rubric on the course syllabus before you submit. Use it as a checklist to see if you have answered all the required assignment questions and followed other requirements like the use of outside sources and APA formatting.
Your presentation should be between 6-10 slides with accompanying notes, and in addition, one title slide and one references slide.
.
In the workplace, managers have a lot of influence, which requires t.docxmodi11
In the workplace, managers have a lot of influence, which requires them to sometimes be more educated and aware than others in order to set the standard of inclusion for all. What are some ways in which you can demonstrate your support of the LGBTI community, without having to wait to respond to messages of intolerance? Share your thoughts in a 1-page reflection.
.
in the word document i did a research paper and have comments (red c.docxmodi11
in the word document i did a research paper and have comments (red color)
all what you have to do is follow the red comments
i attached also files that should help you to costruct the paper
follow all the comments that added in the word file and use other files as source fof information
.
In the wake of the 40th anniversary of man setting foot on the moon,.docxmodi11
In the wake of the 40th anniversary of man setting foot on the moon, there has been renewed interest in space exploration. Proponents argue that in addition to working toward the actual objective, numerous and widespread "spinoff" benefits will accrue. Others argue that space exploration is "not worth the cost" and that our resources could better be used to deal with other issues such as health care, the economy, etc. What do you think? Is space exploration worth it? If so, what benefits would be derived. If not, why not?
.
In the wake of the terrorist attacks in September 2001, the 911 Com.docxmodi11
In the wake of the terrorist attacks in September 2001, the 9/11 Commission recommended that the U.S. Intelligence Community (USIC) find a way to improve information sharing of terrorism-related intelligence at all three levels of government (local, state, and federal). The USIC’s answer to this recommendation was the creation of intelligence
fusion centers
.
Since the creation of these intelligence fusion centers, there has been much controversy because of the large amounts of personal information secretly collected and shared within the U.S. intelligence and law enforcement communities. In addition, some critics argue that in the years since their creation, fusion centers and the law enforcement entities affiliated with them have moved away from their original purpose and instead have utilized federal grants and resources to fight local crime.
Assignment Guidelines
In 5–6 paragraphs, address the following:
In your opinion, how effective are U.S. fusion centers? Explain.
Do you feel that the creation of fusion centers has improved information sharing of terrorism-related information at all three levels of government? Why or why not?
Do you feel that fusion centers have ultimately moved away from their intended purpose? Why or why not?
Are fusion centers now being used as a local law enforcement tool to help fight local crime? Why or why not?
Post a new topic to the Discussion Board that contains your responses to the above questions.
Comment on at least 2 other students' posts.
.
In the wake of the Brown v. Board of Education decision (1995) Black.docxmodi11
In the wake of the Brown v. Board of Education decision (1995) Black Americans was faced with the daunting task of integrating American schools. You are being assigned the task of deciding if the movement toward integration was a positive or negative force in the future of Black education. Put simply; should Black parents/children be excited or worried about this newfound “opportunity” advising President Abraham Lincoln about the plight of Blacks--- what do they want/need as well as what the nation should do on their behalf.
.
In the United States, managed care is becoming an increasingly popul.docxmodi11
In the United States, managed care is becoming an increasingly popular method of administering healthcare. It influences the clinical behavior of providers, as it combines the payment and delivery of healthcare into a single system, the purpose of which is to control the cost, quality, and access of healthcare services for a single bracket of health plan enrollees (Scutchfield, Lee, & Patton, 1997).
Yet, managed care often evokes strong or negative reactions from healthcare providers because they are paid a fixed amount for treating their patients, regardless of the actual cost, which may influence their level of efficiency. This can challenge the relationships between doctors and patients (Claxton, Rae, Panchal, Damico, & Lundy, 2012; Sekhri, 2000).
Research managed care's inception and study some examples. Be sure to investigate the perspectives about managed care from the vantage of both healthcare providers and patients. You can use the following keywords for your research—United States managed care, history of managed care, and managed care timeline.
Based on your research, answer the following questions in a 8- to 10-page Microsoft Word document:
What are the positive and negative aspects of managed care? Analyze the benefits and the risks for both providers and patients, and how providers should choose among managed care contracts. Conclude with your analysis and recommendations for managed care health plans. Your response should include answers to the following questions:
Summarize the history of when, how, and why managed care was developed.
Define and discuss each type of managed care organization (MCO)—health maintenance organization (HMO), preferred provider organization (PPO), and point of sale (POS).
Explain the positive and negative aspects, respectively, of managed care organization from the provider's point of view—a physician and a healthcare facility—and from a patient's point of view.
Explain the three types of incentives for providers for efficiency in the delivery of healthcare services. Explain who bears the financial risk—the provider, the patient, or the managed care organization.
Offer your recommendations, to accept or decline, for patients considering managed care health plans, with your rationale for each.
References
:
Claxton, G., Rae, M., Panchal, N., Damico, A., & Lundy, J. (2012).
Employer Health
Benefits Annual 2012 Survey
. Retrieved from http://ehbs.kff.org/pdf/2012/
8345.pdf
Sekhri, N. K. (2000).
Managed care: The US experience
. Retrieved from http://www.
who.int/bulletin/archives/78%286%29830.pdf
Scutchfield F. D., Lee, J., & Patton, D. (1997). Managed care in the United States.
Journal of Public Health Medicine
,
19
(3), 251–254. Retrieved from http://
jpubhealth.oxfordjournals.org/content/19/3/251.full.pdf
Support your responses with examples.
Cite any sources in APA format.
.
In the United States, policy makers, law enforcement personnel, gove.docxmodi11
In the United States, policy makers, law enforcement personnel, government officials, and many others work to develop laws and programs aimed at preventing crime and also reacting to crimes that have occurred. In developing these programs and policies, it is important to understand the types of people who commit certain crimes as well as the rationale behind criminal behavior.
In your role as a consultant to the city of Centervale, you should be able to demonstrate your knowledge about the theories of crime.
Submission Details:
Briefly describe a newsworthy crime that occurred in your own area.
Select the theory of crime that you think best fits this crime situation.
Based on your textbook readings, explain the theory and why it is the best fit
.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
-------------------------------------------------------------------------------
Find out more about ISO training and certification services
Training: ISO/IEC 27001 Information Security Management System - EN | PECB
ISO/IEC 42001 Artificial Intelligence Management System - EN | PECB
General Data Protection Regulation (GDPR) - Training Courses - EN | PECB
Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
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Website: https://pecb.com/
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Slideshare: http://www.slideshare.net/PECBCERTIFICATION
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
Physiology and chemistry of skin and pigmentation, hairs, scalp, lips and nail, Cleansing cream, Lotions, Face powders, Face packs, Lipsticks, Bath products, soaps and baby product,
Preparation and standardization of the following : Tonic, Bleaches, Dentifrices and Mouth washes & Tooth Pastes, Cosmetics for Nails.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Chapter 4 - Islamic Financial Institutions in Malaysia.pptx
Exam InstructionsOpen book exam may use textbook, class notesle.docx
1. Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class
conferences (do not use the internet as many legal sources are
inaccurate; you do not need any material other than the
textbook, class notes/lectures, class conferences to complete the
exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under
“Final Exam”.
ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE
ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM
POSTS PROPERLY. IF YOU HAVE
ANY, ANY
DOUBT IT POSTED PROPERLY, PLEASE
ALSO
EMAIL TO ME AT
[email protected]
. Only the post in the assignment folder will be graded, absent
any technical problems with reading the file in the assignment
folder.
There are 25 multiple choice questions; there are 9 essay
questions.
The exam is worth a total of 100 points.
Section: Section I. Multiple Choice: 25 questions/50 points
USE THE ANSWER SHEET
included at the bottom of this page for answers; copy and paste
it as is, no changes, please.
DO NOT COPY Multiple Choice QUESTIONS.
2. Each question is worth 2 points.
This is an application-oriented exam; you will not find the
answer to questions verbatim in the text.
If you believe a question is not covered in any of the assigned
materials, you have missed the issue and need to re-think.
Put letter of correct answer on the answer sheet at the bottom of
this page. There is only one correct answer to each question.
1. Sam orally agreed to sell Ramie some land for $500,000.
Ramie paid Sam the $500,000; Sam gave Ramie the deed to the
land. Ramie took possession of the land and began building a
cabin on it. One month later, Sam tried to retake possession of
the land by arguing that the contract for the sale was invalid
because it was oral, not written. Sam sued Ramie to invalidate
the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written
to be valid.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot
rescind the contract.
d) Lose; because Ramie had begun building a cabin on the
property, Sam cannot rescind the contract.
2. On Tuesday, Sam offered to sell his CD collection to Sandy
for $100. Sandy replied, "I'm interested. I'll think it over and let
you know Thursday whether I want to buy the CDs." On
Wednesday, Sam agreed to sell the CDs to Jason, and Jason
immediately gave Sam a letter that stated:
"Sam, I will buy your CD collection for $100. As we agreed, I
will pay you on Friday when I pick up the CDs. Yours truly,
Jason."
Upon Sam's receipt of this letter on Wednesday, what best
describes Sam’s contract agreement(s)?
a) By forming an agreement with Jason, Sam breached his
contract with Sandy because he did not effectively revoke his
3. offer to Sandy.
b) Sam has formed contracts with both Jason and Sandy
because Sam did not effectively revoke his offer to Sandy and
created an enforceable written agreement with Jason.
c). Sam and Jason have formed a valid, enforceable contract;
Sam’s offer to Sandy was properly revoked.
d) Sam effectively revoked his offer to Sandy, but has not
formed an enforceable contract with Jason because Jason has
not yet paid for the CD collection.
3. Mac and Rhamad signed a business contract with a clause
that provides that if a dispute arises they must submit to binding
arbitration to resolve the dispute. After they had been doing
business together for a year, a dispute arose under the terms of
the contract. Rather than submit to arbitration, Mac filed a
lawsuit against Rhamad. Most likely the court will:
a) hear the lawsuit because Mac cannot be compelled to submit
to arbitration; he is constitutionally entitled to a jury trial if he
requests a trial.
b) conduct a bench trial, then order a remedy without
compelling Mac to submit to arbitration or to a jury trial.
c) compel Mac to submit to arbitration to resolve the dispute.
d) hear the lawsuit in a trial, then compel Mac to submit to
arbitration, if Mac is not satisfied with the trial decision.
4. Roxy, while driving through Wyoming to her home in
Montana, accidentally lost control of her car and drove it
through a window into a store owned by Colt. Colt sued Roxy in
a Wyoming court for damages to his store.
Will the Wyoming court likely be able to exercise jurisdiction
over Roxy?
a) no, because Wyoming has no
in personam
4. (personal) jurisdiction over Roxy, and cannot exercise its long
arm statute only in cases involving automobile accidents.
b) no, because Wyoming has no
in personam
jurisdiction over Roxy, and cannot justify minimum contacts in
this case.
c) yes, Wyoming can exercise
in personam
jurisdiction in this case because any state court has personal
jurisdiction in every diversity of citizenship case.
d) yes, because Wyoming can assert
in personam
jurisdiction over Roxy under the minimum contacts test.
5. Assume a salesperson intentionally made one of the following
statements - knowing that the statement was false - to a
customer considering a purchase. Which statement could create
liability for fraudulent misrepresentation if the customer made
the purchase?
a) “In my opinion, this car is in flawless mechanical condition.”
b) “This crane will probably lift about 10,000 pounds.”
c) “This car is a real gem.”
d) “This is an original painting by the artist, Pablo Picasso.”
6. Ram was walking down the sidewalk by a construction
project site in a downtown area. The project was owned and
operated by Modern Construction, Inc. and was surrounded by
orange plastic fencing typically used for construction projects.
Ram stopped to watch a metal beam being lifted by a crane on
the construction site. As the beam swung through the air, Ram
5. thought it was going to fall and jumped forward quickly off the
sidewalk and into the construction project property, falling into
and smashing the orange plastic fencing. As Ram landed inside
the construction project, the beam fell near Ram. The beam did
not hit Ram but some rocks were thrown onto Ram as the beam
fell, cutting his arm badly so that it required 35 stitches.
If Ram sues Model Construction for negligence, the likely result
will be that Ram will:
a) Lose, because he assumed the risk as a trespasser on the
construction site and trespassers can never recover damages.
b) Lose, because pedestrians are always contributorily negligent
in such cases involving trespassing.
c) Win, because it is always foreseeable that a beam could fall
on a rescuing pedestrian.
d) Win, if the beam fell because of Model Construction’s
negligence.
7. Kim carelessly parked her car on a steep hill, leaving the
car in neutral and failing to engage the parking brake. The car
rolled down the hill and knocked down an electric line. The
sparks from the broken line ignited a grass fire that spread to a
barn several yards away. The roof of the burning barn fell and
damaged a passing car owned by Ray. Can Ray likely recover
damages from Kim under ordinary negligence?
a) Yes, because Kim was negligent in parking the car.
b) Yes, because Kim set in motion the chain of events that
resulted in damage to Ray’s car, even though Kim did not
directly hit the car.
c) No, because of the unforeseeable intervening force doctrine.
d) No, regardless of Kim’s negligence in parking the car as her
negligence was not the proximate cause of the accident and
harm that occurred to Ray.
8. Li sued Don in negligence. Li’s losses total $100,000. Under
a contributory negligence system, if Li is found to be
contributorily negligent for her own injuries, what damages will
6. Li like recover from Don?
a) None.
b) $100,000.
c) $100,000 minus the percentage of fault (e.g., 20%, 60%, etc.)
for which Li was responsible.
d) $100,000 minus the percentage of fault for which Li was
responsible, so long as Li was not more than 50% responsible
for the injuries.
9. Don promised to buy his girlfriend, Sophie, a new car so
Sophie sold her old car. Don now refuses to buy Sophie the car.
Sophie has a job that requires her to have a car to get to work.
If Sophie sues Don to enforce the promise, the likely result is
that the promise will:
a) Be enforced under promissory estoppel because Sophie
reasonably relied on Don's promise, to her detriment.
b) Not be enforced as Sophie was not unjustly enriched simply
because she did not receive the car.
c) Be enforced because the car is a necessity for Sophie and all
contracts for necessities are binding and enforceable for all
parties even if contract formation is flawed.
d) Not be enforced as Don’s promise was a gift to Sophie;
Sophie gave consideration, but Don did not.
10. X and Y agreed that X would sell Y his small business,
including the land on which the business was situated, for
$500,000. Both X and Y knew at the time the contract was
formed that the business was actually worth $800,000. Is this a
valid, enforceable contract?
a) Yes, provided the contract was in writing, in accordance with
the Statute of Frauds and the parties freely consented.
b) Yes, provided the contract was in accordance with state
statutory law that permits real estate sales for 40% or more
below market value.
7. c) No, because $500,000 is not valid consideration for a
business worth $800,000.
d) No, because X has no pre-existing legal duty to sell his
business.
11. Fine Art Corp. sent a written offer to buy 10,000 pencils
for a total of $10,000 from Faber Pencil Co. Both parties are
merchants. Faber can accept the offer by:
a) Promising to ship the pencils.
b) Promptly shipping the pencils.
c) Accepting the offer on Faber’s own written standard form
contract.
d) All of the above could be valid acceptance.
12. Ralph, a 16-year old minor, is manager for the high school
football team. Ralph signed a contract to purchase alcoholic
beverages from Liquormart, Inc. for the team party. This
contract is:
a) Void as a matter of law because it is illegal to sell alcohol to
minors by state law.
b) Void only if Ralph misrepresented his age and told
Liquormart he was an adult.
c) Valid and enforceable, but Ralph has the right to disaffirm
because he is a minor.
d) Valid and enforceable, if Liquormart knew that Ralph was a
minor.
13. Which of the following activities may involve the use of a
contract, and/or constitute a sales contract?
a) Purchasing medications from a pharmacy.
8. b) Hiring a contractor to make home repairs.
c) Purchasing insurance policies from an insurance agent.
d) Selling books to customers in a bookstore.
e) All of the above.
14. Fay was admitted to Global Associates, an existing general
partnership on January, 2014. In June, 2014, a partnership debt
incurred in October, 2013 came due. Fay is:
a) Not liable for the debt because the debt was incurred prior to
her joining the partnership.
b) Only liable for the debt up to the amount of her capital
contribution to the partnership.
c) Personally liable only for 50% of the total debt if 50% of the
other partners do not pay.
d) Personally liable for the full extent of the debt if the other
partners do not pay.
15. Kelly, Lars and Mona agreed to be partners in Neighborhood
Deliveries (ND), all splitting the profits equally. Kelly
contributed 70% of the capital upon formation of the
partnership. Later, the partners agreed to dissolve the
partnership as it was not as profitable as they had expected, and
its liabilities were greater than its assets.
The losses are paid by:
a) All the partners in proportion to their capital contributions.
b) All the partners in proportion to their share of the profits.
c) Kelly alone because she contributed the most capital.
d) Lars and Mona because they contributed the least amount of
capital.
16. CC’s Day Spa, LLC, is a member-managed limited liability
company. So long as it is in accordance with state law, and
unless the members previously agreed otherwise, voting rights
9. will be apportioned according to:
a) Participation in management.
b) Capital contributions.
c) The number of members.
d) Each individual transaction of the LLC, and will vary with
each transaction.
17. Jim and Kiley are architects and members of JK, PC, a
professional corporation. Jim and Kiley supervise Luc, an
employee of JK. As a member of JK, Jim and Kiley
a) Are personally liable for any/all tort(s) committed by Kiley.
b) May be personally liable for malpractice committed by Luc
working within the scope of his job at JK.
c) Has limited liability for any of Kiley’s acts of malpractice.
d) Has no liability for any torts committed by Luc.:
18. Kisha operates River Valley Soccer, an athletic equipment
shop as a sole proprietorship. Taxes on the business’s income
are paid by
a) No one; since it is a sole proprietorship there are no business
taxes.
b) Kisha as the sole owner.
c) The state or federal government if Kisha holds a Small
Business Administration loan acquired to start her business.
d) The business entity of River Valley Soccer, not Kisha
personally.
19. Assume that Virginia enacted a law prohibiting, until further
notice, all grocery stores in Virginia from selling all powdered
spices manufactured in, or shipped from, Maryland. This law
was enacted because it was discovered that the spices recently
manufactured in Maryland were infected with bacteria.
Determine the constitutionality of the Virginia statute. The
statute is:
a) Unconstitutional; it violates grocery store owners’
10. substantive and procedural due process rights under the 5th and
14th Amendments because they are private businesses.
b) Unconstitutional; the statute imposes an undue burden on
interstate commerce.
c) Constitutional; it is a valid exercise of Virginia’s police
power.
d) Constitutional; the statute imposes an undue burden on
intrastate and interstate commerce.
20. Distinguish which of the following is an advantage of
limited liability companies (LLCs) over corporations.
a) Only one member of a LLC must have unlimited liability as
compared with corporations in which all shareholders have
unlimited liability.
b) LLCs can be formed without any specific steps being taken
by the owners as compared with corporations that must file
Articles of Incorporation with the State.
c) In most cases, a LLC can choose whether to be taxed as a
partnership or corporation, as compared with corporations that
are subject to double corporate taxation.
d) LLCs can choose whether to sell shares publically to
investors, as compared to private corporations that must sell
shares publically to investors.
21. Pete, who collects antique cars, hired Ann as his agent to
find and purchase a 1965 Ford Mustang on his behalf. Ann
found a Mustang like Pete wanted, but Ann fell in love with the
car and purchased it for herself.
Which of the following illustrates Ann’s liability, if any, in her
duty as agent to Pete in this situation?
a) Ann has not violated the duty of loyalty to Pete; she can find
another Mustang for him.
b) Ann has not engaged in self-dealing because she did not
purchase the Mustang with Pete’s funds.
c) Ann usurped an opportunity for Pete, but has not violated the
11. duty of loyalty to Pete by competing with Pete’s interests.
d) Ann violated the duty of loyalty to Pete by competing with
Pete’s interests, and has usurped an opportunity for Pete.
22. Ed hired Frankie, who is 13 years old, to buy a computer on
Ed’s behalf. Which of the following identifies the legal
relationship between Ed and Frankie?
a) This is a valid agency relationship even though Frankie is a
minor, and Ed would be bound by authorized contracts Frankie
enters into on Ed’s behalf.
b) This is a valid agency relationship even though Frankie is a
minor, but Ed would have the option of disaffirming any
contracts Frankie enters into on Ed’s behalf.
c) This is a valid agency relationship even though Frankie is a
minor, but Frankie would not be entitled to any payment under
the terms of the agency because he is a minor.
d) This is an invalid agency relationship because Frankie is a
minor.
23. Mediation might be more reasonable and appropriate than a
trial in which of the following situations?
a) A lawsuit challenging the constitutionality of a new state
statute.
b) A dispute between neighbors over a property boundary.
c) An alleged theft of patio furniture from the patio of a house.
d) None of the above are appropriate for mediation.
Answer questions 24-25 regarding the following scenario:
Scenario
: Jones, a resident of Arizona, booked reservations for a
vacation at Windell Hotels, Inc. in Cabo Mar, Mexico. Windell
Hotels is an international hotel chain incorporated in Delaware
with hotels in North and South America; Windell Hotels has no
hotels in Arizona but does advertise and book reservations for
12. all its hotels over the internet.
While a guest in the hotel in Cabo Mar, Jones was walking
across the hotel lobby, and slipped and fell on the wet marble
floor that had been just washed by the maintenance staff. The
staff had placed a “wet floor” sign on the lobby floor on the
side wall of the lobby.
Jones was taken to the nearest Mexican hospital where surgery
was necessary to place a pin in his broken leg. Anxious to
return home and see his regular doctor, Jones flew out of
Mexico shortly after the surgery. He required two plane seats
and an ambulance to meet him at various airports. His health
insurance would not cover his hospital stay in Mexico as it was
located outside the U.S. When back in Arizona, Jones was
unable to work for 8 weeks and required another surgery to
remove the pin. He also required several weeks of physical
therapy.
24. Jones wants to sue Windell Hotels, Inc. in federal court for
$450,000 to recover all his medical expenses in Mexico and the
US; for $50,000 for the cost of the plane trip from Mexico to
Arizona, the 2 plane seats and ambulance costs in various
airports; $10,000 for 8 weeks of lost wages; and $50,000 for
pain and suffering resulting from the injury. Can he sue in
federal court?
a) Yes, because Federal Court always has jurisdiction over
citizens of different states.
b) No, because Federal Court does not have jurisdiction in cases
that do not involve federal laws.
c) Yes, because the Federal Court may have jurisdiction over
citizens of different states and the lawsuit involves damages
greater than $75,000.
d) No, because the Federal Court has no jurisdiction over an
accident that occurred in Mexico.
25. It would be easier for Jones to bring the lawsuit in Arizona
13. state court, but he wonders if the court can get Windell Hotels
to come to Arizona. Can the Arizona state court impose
jurisdiction over Windell Hotels to bring the company to court
in Arizona?
a) No, because the subject of the lawsuit took place in a foreign
country.
b) No, because the corporation does not have sufficient
minimum contact with Arizona to allow the Arizona court to use
the long arm statute to establish jurisdiction in Arizona.
c) Yes, because the Jones is a resident of Arizona and he is the
plaintiff in the lawsuit.
d) Yes, because Windell Hotels has sufficient minimum contact
with Arizona the state to justify the court’s use of the long arm
statute.
Scroll down, please to begin the essay portion of the exam.
Section: Section II. Essay: 9 questions/50 points
Questions 1-8 = 5 pts each; question 9 = 10 pts
Use the answer sheet at the end of the exam. Number each
answer. DO NOT recopy questions.
Answer each question in complete paragraphs; do not list or
answer in phrases (points will be deducted for doing so).
None of these questions can be adequately/comprehensively
answered in just a paragraph, so be comprehensive, in depth in
your answers, but be careful to not include irrelevant
information.
Points will be deducted for answers that are not well justified,
not sufficiently comprehensive.
Use APA in text citations, as appropriate but please do not use
direct quotes. Use only classroom notes/comment and assigned
reading or watching materials as resources, which is all you
need to complete the exam.
DO NOT use any outside, internet resources as they are often
inaccurate.
Follow directions carefully. Answer all parts of each question.
14. Be sure to directly answer the question(s) asked.
_____________________________________________________
______________
Refer to the scenario for Multiple Choice questions 24-25 above
to answer the following essay question #1 only:
1. Jones sued Windell Hotels, Inc. for negligence to recover
damages for his injuries resulting from the fall in the Cabo Mar
hotel.
Will Jones likely be successful in the negligence lawsuit against
Windell Hotels? Explain fully why or why not.
2. Clarkson and Lee did not have a contract, but Clarkson
completed extensive landscaping in Lee’s yard by mistake while
Lee was away on vacation. Clarkson sent Lee a bill for the
landscaping service but Lee refused to pay.
Determine the likely result if Clark sues Li to recover the costs
of the landscaping.
3. Racer contracted in writing to drive Owner’s one-of-a-kind,
specially designed championship race car in the Miami 500
Race on July 15 for a fee of $2500. On July 1, the race car was
destroyed in an accidental fire in a storage warehouse where the
race car was being stored prior to the race. Owner owns no
other race cars, so Owner considered the contract discharged.
Racer claimed that she is still entitled to the $2500 fee because
she and Owner had a valid enforceable contract.
Compare and contrast the rights and obligations of Racer and
Owner under the contract as of July 1.
4.
Compare and contrast
the rights and possible liabilities for a merchant selling goods
in “As Is” condition with the rights and possible liabilities for
selling goods with an express warranty stating, “This product is
quality Grade A”.
15. 5. Aaron plans to open Aaron’s Pet Supplies, a pet supplies
outlet, and plans to hire 2 part-time employees. Aaron will
invest only his own money in the business. He does not expect
to make any profit for at least 2 years and to make very little
profit for the next 3 years after the first 2 years. He does expect
to make a profit eventually.
Which form of business organization is most appropriate and
easiest for Aaron to use in opening his pet store – and why?
(there is only one correct answer)
6. There are extensive federal regulations governing airplanes
and pilots. Assume that the state of New York passed a statute
containing numerous requirements, some conflicting with
federal regulations, covering operation of airplanes and
licensing of airplane pilots.
If the New York state statue is challenged as being
unconstitutional, what is the likely result? Describe the
applicable law and rationale for your conclusion.
7. Fran, Joe, and Mike formed a general partnership to operate a
flower shop called Fresher Flowers. One of Fran’s jobs is to
make deliveries using the partnership truck. In one such
delivery, Fran negligently ran a stop sign, striking a car driven
by Peggy, causing damage to the car and injury to Peggy.
Analyze and describe (1) the personal liability of Fran, Joe, and
Mike, (2) the liability of the partnership, Fresher Flowers.
8. Mark plans to open a barbeque restaurant. He can either open
the business as a sole proprietorship or obtain a franchise for
“Smokin’ Hot Bar-B-Q”.
Compare and contrast the advantages and disadvantages of
opening the business as a sole proprietorship and a franchise.
9.
16. 10 points
Leon, a bank vice president, joined Fitness Center, Inc. (FC).
He signed a contract for the membership. The contract stated,
among other things, an exculpatory clause that FC…
“shall not be liable for any claim, demand, cause of action of
any kind whatsoever for, or on account of death, personal
injury, property damage or loss of any kind resulting from or
related to Member’s use of facilities or participation in any
sport, exercise or activity within the club premises…”
While working out at FC, Leon sustained back injuries when a
treadmill on which he was walking suddenly collapsed at FC.
Leon sued FC for his injuries.
Discuss:
a. Is the exculpatory clause in the contract valid or invalid in
Leon’s case and why?
b. Possible product liability claim(s) for which Leon could sue
FC and why product liability claims might be applicable to this
case
c. Possible ordinary (non-product liability) negligence claim for
which Leon could sue FC and why a negligence claim might be
applicable to this case
d. The likely outcome if Leon sues FC under product liability
e. The likely outcome if Leon sues FC under ordinary
negligence
Scroll down for Answer Sheet
ANSWER SHEET: BMGT 380 Fall OL1 2015
Name: ___________________________________
Post this answer sheet in the assignment folder in the Final
Exam tab, please.
Put letter only
of correct answer by each number in CAPS.
DO NOT recopy questions
; do not copy the answer, use only the letter of the correct
17. answer.
There is only one correct answer to each question.
1.
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6.
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ESSAY
: Write your answer by each essay question number. USE AS
MUCH SPACE AS NEEDED FOR YOUR ANSWER by
expanding the answer space; answers will be longer than the
space below.
1.
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