1. Which of the following offers terminates earliest? Assume that there is no time limitation on the offer unless the offer says otherwise.
A. An offer for the sale of land.
B. An offer to purchase stock on a stock exchange.
C. An offer that says that it will stay open for one week.
D. An offer with a valid five-day option attached to it.
2. In determining whether the consideration requirement has been satisfied to form a contract, the courts will be required to decide whether the consideration
A. was bargained for.
B. was fair and adequate.
C. has sufficient economic value.
D. conforms to the subjective intent of the parties.
3. Beal offered in writing to sell Crane a piece of land for $150,000. If Beal dies, the offer will
A. automatically terminate prior to Crane's acceptance.
B. automatically terminate despite Crane's prior acceptance.
C. terminate prior to Crane's acceptance only if Crane received notice of Beal's death.
D. remain open for a reasonable period of time after Beal's death.
4. Article 2 of the UCC does not apply to a sale of:
A. ball bearings.
B. wheat that has been harvested.
C. corporate stock.
D. a new car.
5. The primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party need not allege and prove
A. that there has been a false representation.
B. the materiality of the misrepresentation.
C. reasonable reliance on the misrepresentation.
D. that the party making the misrepresentation had actual or constructive knowledge that it was false.
6. Westlake Online, an Internet services provider, includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Westlake Online. This clause will most likely be:
A. unenforceable because it was not the result of bargaining.
B. enforceable if it is considered reasonable by a court.
C. unenforceable against a subscriber in another state.
D. enforceable if the subscriber does not file a motion to dismiss.
7. A valid assignment always requires:
A. consideration.
B. writing.
C. filing with a local court.
D. an intention to assign.
8. In deciding whether consideration necessary to form a contract exists, a court must determine whether
A. the consideration given by each party is of roughly equal value.
B. there is mutuality of consideration.
C. the consideration has sufficient monetary value.
D. the consideration conforms to the subjective intent of the parties.
9. The standard of proof in a criminal case is:
A. proof by a preponderance of the evidence.
B. proof beyond a reasonable doubt.
C. proof that is "more likely than not".
D. proof beyond a shadow of a doubt.
10. Which of the following best illustrates duress?
A. Bob was to deliver goods worth $500 to Pam on October 1, but failed to do so. Pam tells Bob that unless he pays her $600, which it cost her to obtain goods from another supplier, she will sue him in court..
This document provides a study guide for the BUS 415 final exam, including two sets of multiple choice questions and answers. It directs students to a website for additional study materials and classes. The questions cover topics like stare decisis, alternative dispute resolution, corporations as legal persons, the relationship between law and ethics, and other business law concepts.
ACT 5744Fall 2013Pick the best answer.1. Carl.docxoreo10
ACT 5744
Fall 2013
Pick the best answer.
1. Carlton executed and delivered to Raymond a $1,000 negotiable note payable to Raymond or bearer. Raymond then negotiated it to Fred and endorsed it on the back by merely signing his name. Which of the following is a true statement?
a. The instrument is bearer paper, and Fred can convert it to order paper by writing “pay to the order of Fred” above Raymond’s signature.
b. Raymond’s endorsement was a special endorsement.
c. The instrument was initially bearer paper and cannot be converted to order paper.
d. Raymond’s endorsement was necessary to Fred’s qualification as a holder.
2. Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?
Proceed Obtain a General
against the Judgment against
Collateral__
the Debtor_
a. Yes Yes
b. Yes No
c. No No
d. No Yes
3. On July 27, 2011 Summerson sent Fallson a letter offering to sell Fallson a vacation home for $150,000. On August 2, 2011 Fallson replied by mail agreeing to buy the home for $145,000. Summerson did not reply to Fallson. Do Summerson and Fallson have a binding contract?
a. Yes, because Summerson’s silence is an implied acceptance of Fallson’s letter.
b. No, because Fallson failed to sign the letter that was sent by Fallson.
c. No, because Fallson’s letter was a counteroffer.
d. Yes, because Summerson’s offer was validly accepted.
4. Cindy, Odsen Corp.’s agent, needs a written agency agreement to
a. Hire an attorney to collect a business debt owed Odsen.
b. Purchased an interest in undeveloped land for Odsen.
c. Retain an independent general contractor to renovate Odsen’s office building.
d. Enter into a series of sales contracts on Odsen’s behalf.
5. A party who filed a financing statement covering inventory on April 1, 2010 would have a superior interest to which of the following parties?
a. A holder of .
1. Carlton executed and delivered to Raymond a $1,000 .docxvrickens
1. Carlton executed and delivered to Raymond a $1,000 negotiable note payable to Raymond or bearer. Raymond then negotiated it to Fred and endorsed it on the back by merely signing his name. Which of the following is a true statement?
a. The instrument is bearer paper, and Fred can convert it to order paper by writing “pay to the order of Fred” above Raymond’s signature.
b. Raymond’s endorsement was a special endorsement.
c. The instrument was initially bearer paper and cannot be converted to order paper.
d. Raymond’s endorsement was necessary to Fred’s qualification as a holder.
2. Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?
Proceed Obtain a General
against the Judgment against
Collateral__
the Debtor_
a. Yes Yes
b. Yes No
c. No No
d. No Yes
3. On July 27, 2011 Summerson sent Fallson a letter offering to sell Fallson a vacation home for $150,000. On August 2, 2011 Fallson replied by mail agreeing to buy the home for $145,000. Summerson did not reply to Fallson. Do Summerson and Fallson have a binding contract?
a. Yes, because Summerson’s silence is an implied acceptance of Fallson’s letter.
b. No, because Fallson failed to sign the letter that was sent by Fallson.
c. No, because Fallson’s letter was a counteroffer.
d. Yes, because Summerson’s offer was validly accepted.
4. Cindy, Odsen Corp.’s agent, needs a written agency agreement to
a. Hire an attorney to collect a business debt owed Odsen.
b. Purchased an interest in undeveloped land for Odsen.
c. Retain an independent general contractor to renovate Odsen’s office building.
d. Enter into a series of sales contracts on Odsen’s behalf.
5. A party who filed a financing statement covering inventory on April 1, 2010 would have a superior interest to which of the following parties?
a. A holder of a mechanic’s lien whose lien was filed on M.
The document appears to be a set of practice questions for a contracts law exam. It includes 20 multiple choice questions testing various concepts in contract formation, defenses, and enforceability. Key topics covered include offer/acceptance, consideration, capacity to contract, public policy, defenses like mistake, duress and unconscionability.
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.
1. Farmer grows grain on his farm in Nebraska for feed for the ccareyshaunda
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 case as the owner/seller of the Missouri property.
C.
Yes, because the Statute of Frauds applies to the sale of land, and the contract was written, the Missouri court has personal jurisdiction over Will, and Larry.
D.
No, because although the Missouri court has property jurisdiction over Will, the court does not have the necessary property jurisdiction over Larry in this case.
4.
Jonah hired Marty, who is 16 years old, as his agent to buy up to a maximum of 50 used Dell 101 model laptops at a price of $200 each, or less. Marty bought 30 used Dell 101 model laptops for $100-200 using a written contract. Jonah was pleased with the laptops and accepted the contract and paid for the 20 laptops.
Marty then bought 25 more Dell 101 model laptops for $150 each on Jonah’s behalf. Marty signed a written contract for the purchase of these 25 laptops with the seller, Used Tech, Inc. Jonah refused to accept and pay for these 25 laptops. What reason would justify Jonah’s refusal to pay for the laptops and honor the contract with Used Tech, Inc.?
A.
The contract with Used Tech is illegal because Marty is a minor.
B.
There is no justification, the contract with Used Tech is valid because Marty signed a contract with Used Tech for the purchase of the 25 laptops.
C.
...
Exam - Contracts, Part 1 Questions 1 to 40 Select the be.docxSANSKAR20
Exam: - Contracts, Part 1
Questions 1 to 40: Select the best answer to each question. Note that a question and its answers may be split across
a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. Ty and Cher were discussing a business venture over dinner. Cher had several glasses of wine and became
visibly intoxicated. Ty and Cher continued to discuss the venture and formed a contract in which Ty received 80%
of the profits resulting from the venture and Cher received 20%, even though Cher agreed to invest the majority of
the money. Ty agreed to contribute his expertise and services to the venture. The next morning, Cher realized her
terrible mistake. Cher's best chance to avoid the contract with Ty is to say that
A. the contract is fraudulent.
B. she was drunk at the time the contract was formed.
C. Ty doesn't have the expertise and services required for the venture.
D. the contract is unconscionable.
2. Dave is declared insane and committed to an asylum. Dave escapes and goes to a car dealership, where he enters
into a contract with Larry to buy a sports car. Which of the following statements is true?
A. Only Larry can void the contract.
B. To void the contract, Dave must prove he is insane.
C. Only Dave can void the contract.
D. Because Dave is legally insane, the contract is void.
3. Esther lives with a caregiver on whom she is greatly dependent and trusts. The caregiver persuades Esther to sign
a contract with the caregiver that greatly favors the caregiver. If the contract is set aside, it will likely be on what
grounds?
A. Duress
B. Mistake
C. Fraud
D. Undue influence
4. Jacques offers to paint Alisha's house for $100. Before Alisha responds, Jacques dies. Which of the following
statements is true?
A. There's no contract because Alisha failed to accept Jacques's offer before he died.
B. Jacques's offer has been revoked.
C. A representative of Jacques's estate must find someone to paint Alisha's house.
D. A representative of Jacques's estate must paint Alisha's house for $100.
5. Which of the following is a necessary element both for fraud and for misrepresentation?
A. A fiduciary relationship
B. The intent to deceive
C. A hidden problem
D. A false statement
6. Jack is a mature-looking 17-year-old who lives at home with his parents. Jack wants to purchase an automobile.
Jack goes to Discount Car Sales, where Bud, the car salesman, never considers that Jack may be a minor. Bud sells
Jack a car, with the agreement that Jack will pay Bud $100 per month over the next five years for the car. Which of
the following is true?
A. Despite Jack's status as a minor, Bud can prohibit Jack from disaffirming a contract for a necessary (or basic)
need.
B. Bud can hold Jack's parents liable for Jack's contract, because Jack was a minor living in their home at the time
the contract was formed.
C. Jack c ...
51) The theory of business social responsibility that holds that a.docxevonnehoggarth79783
51) The theory of business social responsibility that holds that a business has a
duty to generally do good for society is:
a. moral maximum.
b. corporate citizenship.
c. moral minimum.
d. stakeholder interest.
e. maximizing profits.
52) Mary finds a wallet in the library that is filled with case. She would like to
keep the money but decides to turn it in to the lost-and-found office because
if it were her wallet, she would like the person who found it to do the same.
Mary reached her decision in accordance with:
a. Rawl’s social justice theory.
b. the categorical imperative.
c. Kantian ethics.
d. utilitarianism.
e. moral maximum.
53) Which of the following is not needed in all cases in order to have a valid contract?
a. A signed written document.
b. An agreement.
c. A legal object.
d. Consideration.
e. Contractual capacity.
54) How has the government role in contract regulation changed since the founding of the United States?
a. There is less federal, but more state involvement today than in the past.
b. There is less state and federal government involvement today than in the
past.
c. There is greater state and federal government involvement today than in the
past.
d. There is less state, but more federal involvement today than in the past.
e. There is approximately the same degree of state and federal government involvement today as in the past.
55) Which of the following are two terms for the same concept or situation?
a. Implied-in-fact contract and quasi-contract.
b. Implied-in-law contract and quasi-contract.
c. Unilateral contract and informal contract.
d. Formal contract and implied-in-law contract.
e. Implied-in-law contract and implied-in-fact contract.
56) The United Nations Convention on Contracts for the International Sale of
Goods provides rules that govern:
a. the enforcement of contracts.
b. the formation of contracts.
c. the performance of contracts.
d. all of the above.
e. none of the above.
57) Which of the following is not a formal contract?
a. Negotiable instrument.
b. Recognizance.
c. Contract under seal.
d. Letter of credit.
e. New car purchase contract.
58) A contract can be formed:
a. as a result of preliminary negotiations.
b. by an offer made in jest.
c. resulting from an expression of opinion.
d. by an offer made in anger.
e. in none of the above situations.
59) What is necessary in order for an offer to be effectively communicated?
a. The offeree must learn of the offer, but this knowledge can come from any
source.
b. The offeror must communicate the offer to at least one offeree, at which point
the offer will be considered to be communicated to anyone who later learns of
the offer by any means.
c. The offer must be communicated by either the offeror or the offeror’s agent to
the offeree.
d. The offeror must personally communicate the offer to the offeree.
e. So long as the offer is in writing, any party who learns of the offer’s terms can
accept it..
This document provides a study guide for the BUS 415 final exam, including two sets of multiple choice questions and answers. It directs students to a website for additional study materials and classes. The questions cover topics like stare decisis, alternative dispute resolution, corporations as legal persons, the relationship between law and ethics, and other business law concepts.
ACT 5744Fall 2013Pick the best answer.1. Carl.docxoreo10
ACT 5744
Fall 2013
Pick the best answer.
1. Carlton executed and delivered to Raymond a $1,000 negotiable note payable to Raymond or bearer. Raymond then negotiated it to Fred and endorsed it on the back by merely signing his name. Which of the following is a true statement?
a. The instrument is bearer paper, and Fred can convert it to order paper by writing “pay to the order of Fred” above Raymond’s signature.
b. Raymond’s endorsement was a special endorsement.
c. The instrument was initially bearer paper and cannot be converted to order paper.
d. Raymond’s endorsement was necessary to Fred’s qualification as a holder.
2. Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?
Proceed Obtain a General
against the Judgment against
Collateral__
the Debtor_
a. Yes Yes
b. Yes No
c. No No
d. No Yes
3. On July 27, 2011 Summerson sent Fallson a letter offering to sell Fallson a vacation home for $150,000. On August 2, 2011 Fallson replied by mail agreeing to buy the home for $145,000. Summerson did not reply to Fallson. Do Summerson and Fallson have a binding contract?
a. Yes, because Summerson’s silence is an implied acceptance of Fallson’s letter.
b. No, because Fallson failed to sign the letter that was sent by Fallson.
c. No, because Fallson’s letter was a counteroffer.
d. Yes, because Summerson’s offer was validly accepted.
4. Cindy, Odsen Corp.’s agent, needs a written agency agreement to
a. Hire an attorney to collect a business debt owed Odsen.
b. Purchased an interest in undeveloped land for Odsen.
c. Retain an independent general contractor to renovate Odsen’s office building.
d. Enter into a series of sales contracts on Odsen’s behalf.
5. A party who filed a financing statement covering inventory on April 1, 2010 would have a superior interest to which of the following parties?
a. A holder of .
1. Carlton executed and delivered to Raymond a $1,000 .docxvrickens
1. Carlton executed and delivered to Raymond a $1,000 negotiable note payable to Raymond or bearer. Raymond then negotiated it to Fred and endorsed it on the back by merely signing his name. Which of the following is a true statement?
a. The instrument is bearer paper, and Fred can convert it to order paper by writing “pay to the order of Fred” above Raymond’s signature.
b. Raymond’s endorsement was a special endorsement.
c. The instrument was initially bearer paper and cannot be converted to order paper.
d. Raymond’s endorsement was necessary to Fred’s qualification as a holder.
2. Under the Secured Transactions Article of the UCC, which of the following remedies is available to a secured creditor when a debtor fails to make a payment when due?
Proceed Obtain a General
against the Judgment against
Collateral__
the Debtor_
a. Yes Yes
b. Yes No
c. No No
d. No Yes
3. On July 27, 2011 Summerson sent Fallson a letter offering to sell Fallson a vacation home for $150,000. On August 2, 2011 Fallson replied by mail agreeing to buy the home for $145,000. Summerson did not reply to Fallson. Do Summerson and Fallson have a binding contract?
a. Yes, because Summerson’s silence is an implied acceptance of Fallson’s letter.
b. No, because Fallson failed to sign the letter that was sent by Fallson.
c. No, because Fallson’s letter was a counteroffer.
d. Yes, because Summerson’s offer was validly accepted.
4. Cindy, Odsen Corp.’s agent, needs a written agency agreement to
a. Hire an attorney to collect a business debt owed Odsen.
b. Purchased an interest in undeveloped land for Odsen.
c. Retain an independent general contractor to renovate Odsen’s office building.
d. Enter into a series of sales contracts on Odsen’s behalf.
5. A party who filed a financing statement covering inventory on April 1, 2010 would have a superior interest to which of the following parties?
a. A holder of a mechanic’s lien whose lien was filed on M.
The document appears to be a set of practice questions for a contracts law exam. It includes 20 multiple choice questions testing various concepts in contract formation, defenses, and enforceability. Key topics covered include offer/acceptance, consideration, capacity to contract, public policy, defenses like mistake, duress and unconscionability.
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.
1. Farmer grows grain on his farm in Nebraska for feed for the ccareyshaunda
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 case as the owner/seller of the Missouri property.
C.
Yes, because the Statute of Frauds applies to the sale of land, and the contract was written, the Missouri court has personal jurisdiction over Will, and Larry.
D.
No, because although the Missouri court has property jurisdiction over Will, the court does not have the necessary property jurisdiction over Larry in this case.
4.
Jonah hired Marty, who is 16 years old, as his agent to buy up to a maximum of 50 used Dell 101 model laptops at a price of $200 each, or less. Marty bought 30 used Dell 101 model laptops for $100-200 using a written contract. Jonah was pleased with the laptops and accepted the contract and paid for the 20 laptops.
Marty then bought 25 more Dell 101 model laptops for $150 each on Jonah’s behalf. Marty signed a written contract for the purchase of these 25 laptops with the seller, Used Tech, Inc. Jonah refused to accept and pay for these 25 laptops. What reason would justify Jonah’s refusal to pay for the laptops and honor the contract with Used Tech, Inc.?
A.
The contract with Used Tech is illegal because Marty is a minor.
B.
There is no justification, the contract with Used Tech is valid because Marty signed a contract with Used Tech for the purchase of the 25 laptops.
C.
...
Exam - Contracts, Part 1 Questions 1 to 40 Select the be.docxSANSKAR20
Exam: - Contracts, Part 1
Questions 1 to 40: Select the best answer to each question. Note that a question and its answers may be split across
a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. Ty and Cher were discussing a business venture over dinner. Cher had several glasses of wine and became
visibly intoxicated. Ty and Cher continued to discuss the venture and formed a contract in which Ty received 80%
of the profits resulting from the venture and Cher received 20%, even though Cher agreed to invest the majority of
the money. Ty agreed to contribute his expertise and services to the venture. The next morning, Cher realized her
terrible mistake. Cher's best chance to avoid the contract with Ty is to say that
A. the contract is fraudulent.
B. she was drunk at the time the contract was formed.
C. Ty doesn't have the expertise and services required for the venture.
D. the contract is unconscionable.
2. Dave is declared insane and committed to an asylum. Dave escapes and goes to a car dealership, where he enters
into a contract with Larry to buy a sports car. Which of the following statements is true?
A. Only Larry can void the contract.
B. To void the contract, Dave must prove he is insane.
C. Only Dave can void the contract.
D. Because Dave is legally insane, the contract is void.
3. Esther lives with a caregiver on whom she is greatly dependent and trusts. The caregiver persuades Esther to sign
a contract with the caregiver that greatly favors the caregiver. If the contract is set aside, it will likely be on what
grounds?
A. Duress
B. Mistake
C. Fraud
D. Undue influence
4. Jacques offers to paint Alisha's house for $100. Before Alisha responds, Jacques dies. Which of the following
statements is true?
A. There's no contract because Alisha failed to accept Jacques's offer before he died.
B. Jacques's offer has been revoked.
C. A representative of Jacques's estate must find someone to paint Alisha's house.
D. A representative of Jacques's estate must paint Alisha's house for $100.
5. Which of the following is a necessary element both for fraud and for misrepresentation?
A. A fiduciary relationship
B. The intent to deceive
C. A hidden problem
D. A false statement
6. Jack is a mature-looking 17-year-old who lives at home with his parents. Jack wants to purchase an automobile.
Jack goes to Discount Car Sales, where Bud, the car salesman, never considers that Jack may be a minor. Bud sells
Jack a car, with the agreement that Jack will pay Bud $100 per month over the next five years for the car. Which of
the following is true?
A. Despite Jack's status as a minor, Bud can prohibit Jack from disaffirming a contract for a necessary (or basic)
need.
B. Bud can hold Jack's parents liable for Jack's contract, because Jack was a minor living in their home at the time
the contract was formed.
C. Jack c ...
51) The theory of business social responsibility that holds that a.docxevonnehoggarth79783
51) The theory of business social responsibility that holds that a business has a
duty to generally do good for society is:
a. moral maximum.
b. corporate citizenship.
c. moral minimum.
d. stakeholder interest.
e. maximizing profits.
52) Mary finds a wallet in the library that is filled with case. She would like to
keep the money but decides to turn it in to the lost-and-found office because
if it were her wallet, she would like the person who found it to do the same.
Mary reached her decision in accordance with:
a. Rawl’s social justice theory.
b. the categorical imperative.
c. Kantian ethics.
d. utilitarianism.
e. moral maximum.
53) Which of the following is not needed in all cases in order to have a valid contract?
a. A signed written document.
b. An agreement.
c. A legal object.
d. Consideration.
e. Contractual capacity.
54) How has the government role in contract regulation changed since the founding of the United States?
a. There is less federal, but more state involvement today than in the past.
b. There is less state and federal government involvement today than in the
past.
c. There is greater state and federal government involvement today than in the
past.
d. There is less state, but more federal involvement today than in the past.
e. There is approximately the same degree of state and federal government involvement today as in the past.
55) Which of the following are two terms for the same concept or situation?
a. Implied-in-fact contract and quasi-contract.
b. Implied-in-law contract and quasi-contract.
c. Unilateral contract and informal contract.
d. Formal contract and implied-in-law contract.
e. Implied-in-law contract and implied-in-fact contract.
56) The United Nations Convention on Contracts for the International Sale of
Goods provides rules that govern:
a. the enforcement of contracts.
b. the formation of contracts.
c. the performance of contracts.
d. all of the above.
e. none of the above.
57) Which of the following is not a formal contract?
a. Negotiable instrument.
b. Recognizance.
c. Contract under seal.
d. Letter of credit.
e. New car purchase contract.
58) A contract can be formed:
a. as a result of preliminary negotiations.
b. by an offer made in jest.
c. resulting from an expression of opinion.
d. by an offer made in anger.
e. in none of the above situations.
59) What is necessary in order for an offer to be effectively communicated?
a. The offeree must learn of the offer, but this knowledge can come from any
source.
b. The offeror must communicate the offer to at least one offeree, at which point
the offer will be considered to be communicated to anyone who later learns of
the offer by any means.
c. The offer must be communicated by either the offeror or the offeror’s agent to
the offeree.
d. The offeror must personally communicate the offer to the offeree.
e. So long as the offer is in writing, any party who learns of the offer’s terms can
accept it..
Pdfcoffee.com business law-testbanks-reviewers-pdf-freeDiannaMarieSalonga
Piolo agreed to sell his carabao to Sam for P25,000 if Sam passed the October 2010 CPA Examination. Sam passed the exam. As a result, Sam is entitled to the carabao beginning September 21, 2010 and to its fruits beginning October 21, 2010 when the results were released.
The document discusses various aspects of free consent in contracts under Indian law. It defines consent, coercion, undue influence, fraud, and mistake. It provides examples and explanations for when consent is not considered free due to these factors. Consent obtained through coercion, undue influence, fraud, or mistake may make a contract voidable.
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.
This document contains 38 multiple choice questions about obligations and contracts law. The questions cover topics such as sources of obligations, different types of conditions in contracts, modes of extinguishing obligations like compensation, and characteristics of different kinds of contracts.
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This Tutorial contains 2 Set of Final Exam Part 2 (All Questions Listed Below)
BUS 407 Final Exam Part 2
Question 1 Which kind of analysis compares the monetary cost of training with the intangible or nonmonetary results?
Question 2 According to the text, which of the following groups would be interested in “process evaluation” data?
1. For the short essay questions write your answers in the space pro.docxSONU61709
1. For the short essay questions write your answers in the space provided below each question. 2. Answer all questions.4. This exam is administered on a strict honor code and you are precluded from discussing its contents or your answers with anyone else but the instructor.
PART I: True – False Questions. Circle the correct answer. (1point each, total 10 marks)
1. T/F Any common law doctrine can be modified by a legislative act.
2. T/F A Professional Code of Ethics embodies the views of the profession, regarding the implied
social contract between its members on the one hand, and the larger society on the other.
3. T/F A condition subsequent in a contract, is an event which must occur before there is a duty to
perform.
4. T/F To be in privity of contract means to be a witness at the signing of the contract.
5. T/F Novation means substitution, usually of the parties in a construction contract.
6. T/F Subjective impossibility is an acceptable excuse for failure to perform a contractual obligation.
7. T/F Liquidated damages is the money the owner pays to contractor for delaying the project
8. T/F In a unit price contract, the contractor is expected to produce the project as designed for a fixed
sum.
9. T/F A builder’s risk insurance is an all-risk policy covering the contractor for all potential losses on a
construction project.
10. T/F A performance specification stipulates the details of how the contractor is to perform the work.
PART II: Multiple Choice Questions. Mark the best answers. (2-points each, total 20 marks)
1. The supreme law of the land refers to which of the following?
A. All acts of the US Congress. C. The United States Constitution.
B. Laws passed by State Legislatures. D. Decrees of the Executive Branch.
2. A contract remains enforceable even if the party seeking to avoid performance alleges and proves which one of the following?A. Innocent Misrepresentation C. Mutual Mistake
B. Fraud. D. Extreme Hardship.
3. Arthur sold his house to Michael, who agreed to pay the existing mortgage on the house. The bank holding the mortgage consequently released Arthur from liability for the debt. This transaction is which one of the following?
A. A delegation . C. Invalid, as the bank received no additional consideration.
B. A novation. D. Does not release Arthur from liability, if Michael defaults.
4. The term Statute of Limitations refers to which one of the following?
A. The effect of passage of time on the maintainability of claims.
B. The requirement that agreements not coming into force within a year be put into writing.
C. Limitation of the value of the damage claims that a plaintiff can make in a liability suit.
D. None of the above.
5. A Deposition is a pre-trial procedure involving which one of the following?
A. Sworn testimony taken in writing. C. The process of posting a bail bond.
B. The process of jury selection. D. None of the above.
6. A builder’s risk policy prot ...
1.Maker manufactures printing presses. News, a publisher of a loca.docxpaynetawnya
1.Maker manufactures printing presses. News, a publisher of a local newspaper,was interested in purchasing a few presses. Rep, a representative of Maker, metwith Bill, the president of News, to describe the advantages of Maker'spresses. Rep also drew rough plans of the alterations that would be required inthe News pressroom to accommodate the new presses, including additional floorspace and new electrical installations, and left the plans with Bill. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
OnDecember 1, Bill received a letter signed by Seller, a member of Maker's salesstaff, offering to sell the required number of presses at a cost of $2.4million. The offer contained provisions relating to the delivery schedule,warranties, and payment terms, and stated that the terms will be good for 60days. Under the Uniform Commercial Code was a firm offer created?
A.Yes, since both parties were merchants.
B.Yes, since the letter was a signed writing giving assurances that the offerwill be held open.
C.No, since the offer stated the period of time for which it would beirrevocable.
D.No, since the offeror did not sign the form supplied by the offeror.
2.Pottery Plant Co. has entered into an agreement to buy its actual requirementsof potting soil for six months from Green Supplies, a garden supply company.Green Supplies has agreed to sell all the potting soil they will require forsix months. The agreement between the two companies is:
A.Unenforceable because it is too indefinite as to quantity.
B.Unenforceable because it lacks mutuality of obligation.
C.Unenforceable because it is illusory.
D. Avalid and enforceable contract.
3.Motors entered into an oral option with Hap, Inc., for $50. The option was topurchase at cost any late model used yacht received by Motors as a trade in ona new yacht for the next 100 days. Hap paid the $50 in cash and promptly sentMotors a signed memorandum which correctly described the agreement and itsterms. Motors did not respond until after 30 days had elapsed and it haddiscovered they had made a very bad bargain. Motors notified Hap that theywould no longer perform under the terms of the option, which they alleged wasinvalid, and enclosed a check for $50 to Hap. Which of the following iscorrect?
A.The oral option is invalid for lack of consideration.
B.The Statute of Frauds can be validly asserted by Motors to avoid liability.
CMotors has entered into a valid contract with Hap.
D.Options for a duration of more than three months are unenforceable.
4.Ellie, a 17 year old minor, contracted with Compco to purchase a used computerfor $700. The computer was purchased for Ellie's personal use. The agreementprovided that Ellie would pay $300 down on delivery and $100 thirty days laterover the next four months. Ellie took delivery and paid the $300 down payment.Twenty days later, the computer was seriously damaged as a result of Ellie'snegligence. Five days after the damage occurred a ...
Competing for Limited FundingIn todays reality of shrinking b.docxmaxinesmith73660
Competing for Limited Funding
In today's reality of shrinking budgets, states continue to look for money that is not being effectively spent. State legislatures want to ensure they are getting the most for their limited dollars. The legislature has requested you to present an overview of an effective juvenile justice alternative sentencing program that you are aware of from the text or your research, and explain why it is effective and why it should be funded. What is the intended population? What standard are you using to measure the effectiveness? Why do you think it is effective and worthy of continued funding?
Your colleague has made a presentation to the state legislature, and now it is your turn. You are the director of an intervention strategy (before your colleagues program) or a re-entry program (after your colleague's program) that is also being looked at to help fund other priority legislative programs. The legislature believes the juvenile justice system is too soft on crime and we need to get tough on crime. For this discussion, you may support either the rehabilitation camp or the get tough on crime camp as you prepare your answer. Make sure you address the social justice arguments based on your position. Build the case for one of the following:
a. Ensure that your program is a complimentary program to that of your classmate’s, but both programs are serving separate and distinct critical populations. Both must be funded.
b. That the synergistic effect of the two programs together will result in both programs being more effective in the long run, and, therefore, enhancing social justice.
c. That your program is much more cost effective; it should be funded at the expense of the program outlined by your colleague.
Your initial post should be at least 250 words in length
Connecting the Dots - What is an Effective Program?
In Chapter 10, the text addresses primary, secondary and tertiary prevention programs. What are these levels? Give an example of an effective program in each level. Give a brief description of each program, its intended purpose, and target juvenile population. Why do you think they are effective?
When responding to one of your classmates, address one of the programs with a focus on one of the text’s questions below concerning prevention programs. Select one bullet below and present the positives and the negatives for the issue addressed:
a. Does every juvenile who has been arrested need treatment? Should all juveniles arrested receive the same treatment services? Why or why not?
b. Should prevention programs be given to everyone, and if so, where? Should we consider ethnicity, race, education, socio-economic standing?
c. Are the services worth the taxpayer costs? Consider both financial and social costs.
d. Should we mandate prevention for school aged children, their parents, or for both? What if the parents refuse to participate?
e. What role does the state have in addressing pre-criminal, status offens.
Bugsy promises to pay Capone $4,000 if he takes care of the co.docxrichardnorman90310
Bugsy promises to pay Capone $4,000 if he "takes care" of the competition. Capone meets with the competition and disposes of him without anyone knowing. He then calls Bugsy to tell him that he should not have any more issues and demands his money. Bugsy refuses to pay telling Capone that he just made the world a better place. Capone sues Bugsy for the money.
The court will most likely find that __________________________________.
Group of answer choices
Capone will be entitled to the money because he was not in pari delecto with Bugsy.
Bugsy will not need to pay the money because he and Capone were not in pari delecto with each other.
the contract is voidable by Capone.
the contract is valid and Bugsy must pay because Capone performed his portion of the contract.
the contract is voidable by Bugsy.
the contract is void.
Sarah and Randy made a contract where Randy would remodel Sarah's bathroom for $20,000. Sarah had until July 10 to pay for it. Randy finished the work and Sarah was quite happy with it. She gave Randy rave reviews to friends. On July 9, Sarah saw Randy and because she was so thrilled with his work she promised to give him an additional $1,000. On July 10, Sarah wrote a check for $20,000 . Randy sued Sarah for the additional $1,000.
Randy will not receive the $1,000 because of ________________:
Group of answer choices
part-payment check
past consideration
moral obligation
promissory estoppel
preexisting legal obligation
Lion King was walking through the Pride Lands when he stepped on a thorn. Timon realized why he was in pain and removed the thorn. Lion King then promised to give Timon a year's worth supply of bugs and $2,000. Three weeks later, Timon asked for the bugs and money, but Lion King refused.
Timon will not receive the bugs and money because of:
Group of answer choices
preexisting legal obligation
compromise and release of claim
past consideration
moral obligation
forbearance
If a contract fails to have mutuality of obligation then there may be a(n) _______________.
Group of answer choices
adequacy of consideration
past considertion
moral obligation
consideration
illusory promise
bargained-for exchange
forbearance
Which is not an exception to the writing requirement?
Group of answer choices
promisor benefit
promisee benefit
enhanced promissory estoppel
part performance doctrine
detrimental reliance
If Randy agrees to pay Sarah's debt if Sarah should fail to pay James, then Randy has created a(n)_____________.
Group of answer choices
lien
guaranty
suretyship
estoppel
claim
Who is not a party that may handle the affairs of a deceased person and make a promise to pay claims against that person's estate?
Group of answer choices
surety
administratrix
executor
personal representative
administrator
The State of Washington requires attorneys to be licensed to practice law in the state. Peter was an attorney, who was licensed to practice law in the State of Washington. Af.
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1) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the
parties is called
A. negotiation
B. settlement conference
C. conciliation
D. arbitration
2) The Federal Trade Commission is an example of
A. a federal agency created by the federal government
B. a corporation subsidized by the federal government
C. a branch of the U.S. Supreme Court
D. a temporary commission created by executive order that has become permanent
Please find below1)In general, what is the effect o.docxlorindajamieson
Please find below:
1)
I
n general
,
what
i
s the effect of o
n
e party being mistaken about the subject matter of
a
c
ontract?
a.
The m
i
staken party can rescind t
h
e
c
ontract
.
b.
Either pa
r
ty ca
n r
esc
i
nd the cont
r
act
,
and the mistaken party can recover damages.
c.
Neither party
c
an rescind the co
n
tract or recover damages
.
d.
E
i
the
r
par
t
y can resc
i
nd the cont
r
act and
/
or recove
r
damages.
e.
Either party
c
an rescind the contract
.
2)
I
n Krysa v. Pa
in
e
,
whe
r
e Pai
n
e
'
s Car Company was found to have committed fraud
i
n the sa
l
e of a t
r
uck to Krysa
,
what did the court ru
l
e regard
i
ng the punitive damages
award?
a.
Punit
i
ve dama
g
es are a
l
lowed at 9
:
1 in cases involving persona
l
injury but
i
n
c
on-
tracts m
u
st adhe
r
e to a 3
:
1
r
atio.
b.
P
u
nitive damages a
r
e
l
imited to 9:1
i
n all cases.
c.
Punit
i
ve damages should
n
eve
r
have a cap or their funct
i
on as a dete
r
rent and punish-
ment would be
l
ost
.
d.
Punitive damages a
r
e not ava
il
ab
l
e
i
n a fraud act
i
on based on a contract
.
e.
Pun
i
t
i
ve damages of 27:
1
are perm
i
tted in cases of extreme fraud
.
3)
The k
n
ow
l
edge of a statement
'
s
f
a
l
sity
,
or the
"
gu
i
lty mind
,"
in a fraud in the induce-
ment case is a
l
so known as:
a.
paro
l
knowledge.
b.
just
i
f
i
ance
.
c.
reliance
.
d.
scienter.
e.
gui
l
ty inte
n
t
.
4)
Andre has made a statement that the average pe
r
son would realize
i
s puffery. And
r
e
is guilty of:
a.
duress
.
b.
fraud
.
c.
innocent misrepresentat
i
on
.
d.
undue
i
nfluence.
e.
nothing
.
5)
In Wilson v. Western Nationa
l
Life
I
nsu
r
ance Company,
i
nvolving the party who lied
allegedly regarding prior drug abuse in order to obtain life insurance, what was
the holding of the court when the pa
r
ty
l
ater died from a drug overdose?
The l
i
fe insurance company had to pay the proceeds because if the plaintiff's medical
records had been consulted, the drug abuse would have been discovered.
a.
The
li
fe
i
nsurance d
i
d not have to pay the proceeds only because the deceased's wife
was unaware of the misrepresentation.
b.
The l
i
fe insurance had to pay the proceeds because the deceased's wife actually paid
the premiums.
c.
The life insurance company had to pay the proceeds because the plaintiff was not
using drugs during the time the application for insurance was made.
d.
The l
i
fe insurance company did not have to pay the proceeds because of the conceal-
ment of the drug abuse
.
6)
Undue
i
nf
l
uence is characterized by one party being put at a disadvantage in a con-
tract due to:
a.
a party taking advantage of superior knowledge about the subject matter in a contract
.
b.
a party taking advantage of a fiduciary relat
i
onship
.
c.
a party taking advantage of the other party's legal circumstances.
d.
a party taking advantage of economic advantage in a transaction.
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?.
This document provides answers to 30 multiple choice questions covering various topics in business law, including alternative dispute resolution, federal agencies, jurisdiction, contracts, torts, employment law, and intellectual property. The questions assess understanding of key concepts and their appropriate applications.
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.
The document discusses key concepts related to contracts under the Indian Contract Act such as the definition of a contract, essential elements of a valid contract, definition of offer and acceptance, consideration, void and voidable contracts, competency of parties, and free consent. It provides definitions and explanations of these concepts along with examples. Some key points covered include that a contract requires an agreement enforceable by law, consideration can be past, present or future but must be real, and consent obtained through coercion or undue influence makes a contract voidable.
This document contains a 30 question multiple choice exam on various legal topics including contracts, torts, intellectual property, business organizations, and criminal law. The questions test understanding of concepts like preemption, assumption of risk, trademarks, cyber squatting, the Digital Millennium Copyright Act, contract formation and defenses, the Uniform Commercial Code, moral philosophy approaches like utilitarianism, white collar crimes like embezzlement, Ponzi schemes, and the penalties imposed by the Sarbanes-Oxley Act.
Running head TITLE 1TITLE 6TitleStudent Name.docxagnesdcarey33086
Running head: TITLE
1
TITLE
6
Title
Student Name
University Name
Title
1) When statutes are passed only after considerable study, debate and public input, this is an example of which function of the law?
A. Keeping the peace.
B. Shaping moral standards.
C. Maintaining the status quo.
D. Facilitating orderly change.
2) What was the U.S. Supreme Court’s reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?
A. Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes.
B. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
C. Because one of the defendants had been found guilty, then both should have been found guilty.
D. Because one of the defendants had been found not guilty, they both should have been found not guilty.
3) Which of the following is most consistent with the Natural Law School of jurisprudence?
A. The laws of man are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
B. By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
C. Law is based on moral and ethical principles of what is right, and it is the job of men and women, through study, to discover what these principles are.
D. The law is a reflection of society, thus the law must change naturally as society changes over time.
4) Which of the following statements is true regarding the relationship of law and ethics?
A. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
B. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
C. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
D. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
5) Which of the following is correct with regard to the relationship between law and ethics?
A. Lawful conduct is always ethical conduct.
B. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
C. The rule of law and the golden rule of ethics demand the same response.
D. The law may not .permit something that would be ethically wrong.
6) Which of the following is not one of the Caux Round Table Principles for International Business?
A. Promotion of Multiculturalism.
B. Respect for the Environment.
C. Avoidance of Illicit Operations.
D. Support for Multilateral Trade.
7) In a civil case, which of the following is true about the order of the prese.
1) B offered to sell his house to A for Rs. 50,000. A accepted the offer by post. On the next day, A sent a telegram withdrawing the acceptance.
2) If the telegram reaches B before the letter, the revocation of acceptance is valid as there is no binding contract until acceptance is received.
3) If the letter and telegram arrive simultaneously, the validity of acceptance or revocation depends on specific circumstances and jurisdiction's laws. Courts would consider factors like timing of actions and mode of communication.
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Your company name
Your name
Instruction Page
1. On the cover page
a. Replace ‘Your Company Name’ with your company name, city and state
b. Replace ‘Date’ with the date of the plan
c. Consider inserting graphics:
i. Company logo
ii. Insert a picture or graphic of your product or service
iii. Photo of your facilities
iv. Photo of your location
2. Replace ‘ENTER YOUR COMPANY NAME HERE’ with your company name on the page with the Statement of Confidentiality & Non-Disclosure
3. Open the document header and enter your company name and your name
4. Update the table of contents as you build your business plan.
Delete this page before submitting your business plan.
Business Plan
Your Company Name Here
City, State
Date
Statement of Confidentiality & Non-Disclosure
THIS BUSINESS PLAN CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION.
All data submitted to the receiver is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with ENTER YOUR COMPANY NAME HERE (Company). The recipient of this document agrees to inform its present and future employees and partners who view or have access to the document's content of its confidential nature.
The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent such matters are generally known to, and are available for use by, the public. The recipient also agrees not duplicate or distribute or permit others to duplicate or distribute any material contained herein without the Company's express written consent.
The Company retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing material, and multimedia.
Disclaimer Notice
THIS BUSINESS PLAN IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES.
The Company reserves the right, in its sole discretion, to reject any and all proposals made by or on behalf of any recipient, to accept any such proposals, to negotiate with one or more recipients at any time, and to enter into a definitive agreement without prior notice to other recipients. The company also reserves the right to terminate, at any time, further participation in the investigation and proposal process by, or discussions or negotiations with, any recipient without reason.
BY ACCEPTANCE OF THIS DOCUMENT, THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT.
Table of Contents
Introduction and Overview 6
Executive Summary 6
Objectives 6
Mission 6
Keys to Success 6
Company Summary 6
Company Ownership 6
Start-up 6
What We Sell 7
Summary 7
Our products 7
Our services 7
Market Analysis and Sales Forecast 8
Market and Sales Forecast Summary 8
Total Market 8
Target Market Summar.
Your Company NameYour Company NameBudget Proposalfor[ent.docxhyacinthshackley2629
Your Company Name
Your Company Name
Budget Proposal
for
[enter years here]
BUSN278
[Term]
Professor[name]
DeVry University
Table of Contents
Section
Title
Subsection
Title
Page Number1.0Executive Summary
2.0Sales Forecast
2.1Sales Forecast
2.2Methods and Assumptions
3.0Capital Expenditure Budget
4.0Investment Analysis
4.1Cash Flows
4.2NPV Analysis
4.3Rate of Return Calculations
4.4Payback Period Calculations
5.0Pro Forma Financial Statements
5.1Pro Forma Income Statement
5.2Pro Forma Balance Sheet
5.3Pro Forma Cash Budget
6.0Works Cited
7.0Appendices
7.1Appendix 1: [description]
7.2Appendix 2:
[description]
(Please put page numbers in the last column of the table of contents above, because they apply to your finished assignment. Do this after your project is complete. Remove this text and all text that is in italics in this template when finished with your project.)
(Also, please submit your Excel spreadsheet that shows your supporting calculations.)
1.0 Executive Summary
The first paragraph of this executive summary should give a brief description of the business to which this budget applies. Very briefly describe the products and services of this company, the geography or demographics of the customers it serves, and why people purchase the main product of this business. Much or all of this information will be found in the business profile provided to you. Please use your own words, and please do not simply copy and paste the explanation in the course materials. Make assumptions if necessary.
Also, provide a second paragraph that describes how the budget supports the company’s strategy.
Finally, provide a third paragraph in which you summarize the key points from your budget, including the planning horizon; the amount of up-front investment; the NPV, payback, and IRR of the project; and key figures from your income statement, cash budget, and balance sheet.
Remember, this is not a thesis or introduction of what you will talk about—it contains the major, specific content of each section. The second and third paragraphs should be written after you have completed all other sections of this template.
As you complete sections of this template, please remove all italicized text in all sections of this template and replace it with your own text or you will lose points!
2.0 Sales Forecast
Briefly introduce the sales forecast section.
2.1 Sales Forecast
Here you should include a simple table showing the years and the total sales for each year, along with a brief explanation of why sales are expected to rise, fall, change, or stay the same in certain years. Provide a brief explanation of the sales forecast, indicating why you expect sales to rise or fall during the planning horizon. Your explanation should be consistent with the trends and changes in sales found in your table.
Year 1
Year 2
Year 3
Year 4
Year 5
Sales
2.2 Methods and Assumptions
Here you should describe how you arrived at your sales forecast in sect.
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This document contains 38 multiple choice questions about obligations and contracts law. The questions cover topics such as sources of obligations, different types of conditions in contracts, modes of extinguishing obligations like compensation, and characteristics of different kinds of contracts.
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PART I: True – False Questions. Circle the correct answer. (1point each, total 10 marks)
1. T/F Any common law doctrine can be modified by a legislative act.
2. T/F A Professional Code of Ethics embodies the views of the profession, regarding the implied
social contract between its members on the one hand, and the larger society on the other.
3. T/F A condition subsequent in a contract, is an event which must occur before there is a duty to
perform.
4. T/F To be in privity of contract means to be a witness at the signing of the contract.
5. T/F Novation means substitution, usually of the parties in a construction contract.
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1. The supreme law of the land refers to which of the following?
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2. A contract remains enforceable even if the party seeking to avoid performance alleges and proves which one of the following?A. Innocent Misrepresentation C. Mutual Mistake
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3. Arthur sold his house to Michael, who agreed to pay the existing mortgage on the house. The bank holding the mortgage consequently released Arthur from liability for the debt. This transaction is which one of the following?
A. A delegation . C. Invalid, as the bank received no additional consideration.
B. A novation. D. Does not release Arthur from liability, if Michael defaults.
4. The term Statute of Limitations refers to which one of the following?
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B.Unenforceable because it lacks mutuality of obligation.
C.Unenforceable because it is illusory.
D. Avalid and enforceable contract.
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Competing for Limited Funding
In today's reality of shrinking budgets, states continue to look for money that is not being effectively spent. State legislatures want to ensure they are getting the most for their limited dollars. The legislature has requested you to present an overview of an effective juvenile justice alternative sentencing program that you are aware of from the text or your research, and explain why it is effective and why it should be funded. What is the intended population? What standard are you using to measure the effectiveness? Why do you think it is effective and worthy of continued funding?
Your colleague has made a presentation to the state legislature, and now it is your turn. You are the director of an intervention strategy (before your colleagues program) or a re-entry program (after your colleague's program) that is also being looked at to help fund other priority legislative programs. The legislature believes the juvenile justice system is too soft on crime and we need to get tough on crime. For this discussion, you may support either the rehabilitation camp or the get tough on crime camp as you prepare your answer. Make sure you address the social justice arguments based on your position. Build the case for one of the following:
a. Ensure that your program is a complimentary program to that of your classmate’s, but both programs are serving separate and distinct critical populations. Both must be funded.
b. That the synergistic effect of the two programs together will result in both programs being more effective in the long run, and, therefore, enhancing social justice.
c. That your program is much more cost effective; it should be funded at the expense of the program outlined by your colleague.
Your initial post should be at least 250 words in length
Connecting the Dots - What is an Effective Program?
In Chapter 10, the text addresses primary, secondary and tertiary prevention programs. What are these levels? Give an example of an effective program in each level. Give a brief description of each program, its intended purpose, and target juvenile population. Why do you think they are effective?
When responding to one of your classmates, address one of the programs with a focus on one of the text’s questions below concerning prevention programs. Select one bullet below and present the positives and the negatives for the issue addressed:
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b. Should prevention programs be given to everyone, and if so, where? Should we consider ethnicity, race, education, socio-economic standing?
c. Are the services worth the taxpayer costs? Consider both financial and social costs.
d. Should we mandate prevention for school aged children, their parents, or for both? What if the parents refuse to participate?
e. What role does the state have in addressing pre-criminal, status offens.
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The court will most likely find that __________________________________.
Group of answer choices
Capone will be entitled to the money because he was not in pari delecto with Bugsy.
Bugsy will not need to pay the money because he and Capone were not in pari delecto with each other.
the contract is voidable by Capone.
the contract is valid and Bugsy must pay because Capone performed his portion of the contract.
the contract is voidable by Bugsy.
the contract is void.
Sarah and Randy made a contract where Randy would remodel Sarah's bathroom for $20,000. Sarah had until July 10 to pay for it. Randy finished the work and Sarah was quite happy with it. She gave Randy rave reviews to friends. On July 9, Sarah saw Randy and because she was so thrilled with his work she promised to give him an additional $1,000. On July 10, Sarah wrote a check for $20,000 . Randy sued Sarah for the additional $1,000.
Randy will not receive the $1,000 because of ________________:
Group of answer choices
part-payment check
past consideration
moral obligation
promissory estoppel
preexisting legal obligation
Lion King was walking through the Pride Lands when he stepped on a thorn. Timon realized why he was in pain and removed the thorn. Lion King then promised to give Timon a year's worth supply of bugs and $2,000. Three weeks later, Timon asked for the bugs and money, but Lion King refused.
Timon will not receive the bugs and money because of:
Group of answer choices
preexisting legal obligation
compromise and release of claim
past consideration
moral obligation
forbearance
If a contract fails to have mutuality of obligation then there may be a(n) _______________.
Group of answer choices
adequacy of consideration
past considertion
moral obligation
consideration
illusory promise
bargained-for exchange
forbearance
Which is not an exception to the writing requirement?
Group of answer choices
promisor benefit
promisee benefit
enhanced promissory estoppel
part performance doctrine
detrimental reliance
If Randy agrees to pay Sarah's debt if Sarah should fail to pay James, then Randy has created a(n)_____________.
Group of answer choices
lien
guaranty
suretyship
estoppel
claim
Who is not a party that may handle the affairs of a deceased person and make a promise to pay claims against that person's estate?
Group of answer choices
surety
administratrix
executor
personal representative
administrator
The State of Washington requires attorneys to be licensed to practice law in the state. Peter was an attorney, who was licensed to practice law in the State of Washington. Af.
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1) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the
parties is called
A. negotiation
B. settlement conference
C. conciliation
D. arbitration
2) The Federal Trade Commission is an example of
A. a federal agency created by the federal government
B. a corporation subsidized by the federal government
C. a branch of the U.S. Supreme Court
D. a temporary commission created by executive order that has become permanent
Please find below1)In general, what is the effect o.docxlorindajamieson
Please find below:
1)
I
n general
,
what
i
s the effect of o
n
e party being mistaken about the subject matter of
a
c
ontract?
a.
The m
i
staken party can rescind t
h
e
c
ontract
.
b.
Either pa
r
ty ca
n r
esc
i
nd the cont
r
act
,
and the mistaken party can recover damages.
c.
Neither party
c
an rescind the co
n
tract or recover damages
.
d.
E
i
the
r
par
t
y can resc
i
nd the cont
r
act and
/
or recove
r
damages.
e.
Either party
c
an rescind the contract
.
2)
I
n Krysa v. Pa
in
e
,
whe
r
e Pai
n
e
'
s Car Company was found to have committed fraud
i
n the sa
l
e of a t
r
uck to Krysa
,
what did the court ru
l
e regard
i
ng the punitive damages
award?
a.
Punit
i
ve dama
g
es are a
l
lowed at 9
:
1 in cases involving persona
l
injury but
i
n
c
on-
tracts m
u
st adhe
r
e to a 3
:
1
r
atio.
b.
P
u
nitive damages a
r
e
l
imited to 9:1
i
n all cases.
c.
Punit
i
ve damages should
n
eve
r
have a cap or their funct
i
on as a dete
r
rent and punish-
ment would be
l
ost
.
d.
Punitive damages a
r
e not ava
il
ab
l
e
i
n a fraud act
i
on based on a contract
.
e.
Pun
i
t
i
ve damages of 27:
1
are perm
i
tted in cases of extreme fraud
.
3)
The k
n
ow
l
edge of a statement
'
s
f
a
l
sity
,
or the
"
gu
i
lty mind
,"
in a fraud in the induce-
ment case is a
l
so known as:
a.
paro
l
knowledge.
b.
just
i
f
i
ance
.
c.
reliance
.
d.
scienter.
e.
gui
l
ty inte
n
t
.
4)
Andre has made a statement that the average pe
r
son would realize
i
s puffery. And
r
e
is guilty of:
a.
duress
.
b.
fraud
.
c.
innocent misrepresentat
i
on
.
d.
undue
i
nfluence.
e.
nothing
.
5)
In Wilson v. Western Nationa
l
Life
I
nsu
r
ance Company,
i
nvolving the party who lied
allegedly regarding prior drug abuse in order to obtain life insurance, what was
the holding of the court when the pa
r
ty
l
ater died from a drug overdose?
The l
i
fe insurance company had to pay the proceeds because if the plaintiff's medical
records had been consulted, the drug abuse would have been discovered.
a.
The
li
fe
i
nsurance d
i
d not have to pay the proceeds only because the deceased's wife
was unaware of the misrepresentation.
b.
The l
i
fe insurance had to pay the proceeds because the deceased's wife actually paid
the premiums.
c.
The life insurance company had to pay the proceeds because the plaintiff was not
using drugs during the time the application for insurance was made.
d.
The l
i
fe insurance company did not have to pay the proceeds because of the conceal-
ment of the drug abuse
.
6)
Undue
i
nf
l
uence is characterized by one party being put at a disadvantage in a con-
tract due to:
a.
a party taking advantage of superior knowledge about the subject matter in a contract
.
b.
a party taking advantage of a fiduciary relat
i
onship
.
c.
a party taking advantage of the other party's legal circumstances.
d.
a party taking advantage of economic advantage in a transaction.
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?.
This document provides answers to 30 multiple choice questions covering various topics in business law, including alternative dispute resolution, federal agencies, jurisdiction, contracts, torts, employment law, and intellectual property. The questions assess understanding of key concepts and their appropriate applications.
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.
The document discusses key concepts related to contracts under the Indian Contract Act such as the definition of a contract, essential elements of a valid contract, definition of offer and acceptance, consideration, void and voidable contracts, competency of parties, and free consent. It provides definitions and explanations of these concepts along with examples. Some key points covered include that a contract requires an agreement enforceable by law, consideration can be past, present or future but must be real, and consent obtained through coercion or undue influence makes a contract voidable.
This document contains a 30 question multiple choice exam on various legal topics including contracts, torts, intellectual property, business organizations, and criminal law. The questions test understanding of concepts like preemption, assumption of risk, trademarks, cyber squatting, the Digital Millennium Copyright Act, contract formation and defenses, the Uniform Commercial Code, moral philosophy approaches like utilitarianism, white collar crimes like embezzlement, Ponzi schemes, and the penalties imposed by the Sarbanes-Oxley Act.
Running head TITLE 1TITLE 6TitleStudent Name.docxagnesdcarey33086
Running head: TITLE
1
TITLE
6
Title
Student Name
University Name
Title
1) When statutes are passed only after considerable study, debate and public input, this is an example of which function of the law?
A. Keeping the peace.
B. Shaping moral standards.
C. Maintaining the status quo.
D. Facilitating orderly change.
2) What was the U.S. Supreme Court’s reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?
A. Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes.
B. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
C. Because one of the defendants had been found guilty, then both should have been found guilty.
D. Because one of the defendants had been found not guilty, they both should have been found not guilty.
3) Which of the following is most consistent with the Natural Law School of jurisprudence?
A. The laws of man are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
B. By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
C. Law is based on moral and ethical principles of what is right, and it is the job of men and women, through study, to discover what these principles are.
D. The law is a reflection of society, thus the law must change naturally as society changes over time.
4) Which of the following statements is true regarding the relationship of law and ethics?
A. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
B. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
C. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
D. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
5) Which of the following is correct with regard to the relationship between law and ethics?
A. Lawful conduct is always ethical conduct.
B. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
C. The rule of law and the golden rule of ethics demand the same response.
D. The law may not .permit something that would be ethically wrong.
6) Which of the following is not one of the Caux Round Table Principles for International Business?
A. Promotion of Multiculturalism.
B. Respect for the Environment.
C. Avoidance of Illicit Operations.
D. Support for Multilateral Trade.
7) In a civil case, which of the following is true about the order of the prese.
1) B offered to sell his house to A for Rs. 50,000. A accepted the offer by post. On the next day, A sent a telegram withdrawing the acceptance.
2) If the telegram reaches B before the letter, the revocation of acceptance is valid as there is no binding contract until acceptance is received.
3) If the letter and telegram arrive simultaneously, the validity of acceptance or revocation depends on specific circumstances and jurisdiction's laws. Courts would consider factors like timing of actions and mode of communication.
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Similar to 1. Which of the following offers terminates earliest Assume that .docx (20)
Your company name
Your name
Instruction Page
1. On the cover page
a. Replace ‘Your Company Name’ with your company name, city and state
b. Replace ‘Date’ with the date of the plan
c. Consider inserting graphics:
i. Company logo
ii. Insert a picture or graphic of your product or service
iii. Photo of your facilities
iv. Photo of your location
2. Replace ‘ENTER YOUR COMPANY NAME HERE’ with your company name on the page with the Statement of Confidentiality & Non-Disclosure
3. Open the document header and enter your company name and your name
4. Update the table of contents as you build your business plan.
Delete this page before submitting your business plan.
Business Plan
Your Company Name Here
City, State
Date
Statement of Confidentiality & Non-Disclosure
THIS BUSINESS PLAN CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION.
All data submitted to the receiver is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with ENTER YOUR COMPANY NAME HERE (Company). The recipient of this document agrees to inform its present and future employees and partners who view or have access to the document's content of its confidential nature.
The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent such matters are generally known to, and are available for use by, the public. The recipient also agrees not duplicate or distribute or permit others to duplicate or distribute any material contained herein without the Company's express written consent.
The Company retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing material, and multimedia.
Disclaimer Notice
THIS BUSINESS PLAN IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES.
The Company reserves the right, in its sole discretion, to reject any and all proposals made by or on behalf of any recipient, to accept any such proposals, to negotiate with one or more recipients at any time, and to enter into a definitive agreement without prior notice to other recipients. The company also reserves the right to terminate, at any time, further participation in the investigation and proposal process by, or discussions or negotiations with, any recipient without reason.
BY ACCEPTANCE OF THIS DOCUMENT, THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT.
Table of Contents
Introduction and Overview 6
Executive Summary 6
Objectives 6
Mission 6
Keys to Success 6
Company Summary 6
Company Ownership 6
Start-up 6
What We Sell 7
Summary 7
Our products 7
Our services 7
Market Analysis and Sales Forecast 8
Market and Sales Forecast Summary 8
Total Market 8
Target Market Summar.
Your Company NameYour Company NameBudget Proposalfor[ent.docxhyacinthshackley2629
Your Company Name
Your Company Name
Budget Proposal
for
[enter years here]
BUSN278
[Term]
Professor[name]
DeVry University
Table of Contents
Section
Title
Subsection
Title
Page Number1.0Executive Summary
2.0Sales Forecast
2.1Sales Forecast
2.2Methods and Assumptions
3.0Capital Expenditure Budget
4.0Investment Analysis
4.1Cash Flows
4.2NPV Analysis
4.3Rate of Return Calculations
4.4Payback Period Calculations
5.0Pro Forma Financial Statements
5.1Pro Forma Income Statement
5.2Pro Forma Balance Sheet
5.3Pro Forma Cash Budget
6.0Works Cited
7.0Appendices
7.1Appendix 1: [description]
7.2Appendix 2:
[description]
(Please put page numbers in the last column of the table of contents above, because they apply to your finished assignment. Do this after your project is complete. Remove this text and all text that is in italics in this template when finished with your project.)
(Also, please submit your Excel spreadsheet that shows your supporting calculations.)
1.0 Executive Summary
The first paragraph of this executive summary should give a brief description of the business to which this budget applies. Very briefly describe the products and services of this company, the geography or demographics of the customers it serves, and why people purchase the main product of this business. Much or all of this information will be found in the business profile provided to you. Please use your own words, and please do not simply copy and paste the explanation in the course materials. Make assumptions if necessary.
Also, provide a second paragraph that describes how the budget supports the company’s strategy.
Finally, provide a third paragraph in which you summarize the key points from your budget, including the planning horizon; the amount of up-front investment; the NPV, payback, and IRR of the project; and key figures from your income statement, cash budget, and balance sheet.
Remember, this is not a thesis or introduction of what you will talk about—it contains the major, specific content of each section. The second and third paragraphs should be written after you have completed all other sections of this template.
As you complete sections of this template, please remove all italicized text in all sections of this template and replace it with your own text or you will lose points!
2.0 Sales Forecast
Briefly introduce the sales forecast section.
2.1 Sales Forecast
Here you should include a simple table showing the years and the total sales for each year, along with a brief explanation of why sales are expected to rise, fall, change, or stay the same in certain years. Provide a brief explanation of the sales forecast, indicating why you expect sales to rise or fall during the planning horizon. Your explanation should be consistent with the trends and changes in sales found in your table.
Year 1
Year 2
Year 3
Year 4
Year 5
Sales
2.2 Methods and Assumptions
Here you should describe how you arrived at your sales forecast in sect.
Your company recently reviewed the results of a penetration test.docxhyacinthshackley2629
Your company recently reviewed the results of a penetration test on your network. Several vulnerabilities were identified, and the IT security management team has recommended mitigation. The manager has asked you to construct a plan of action and milestones (POA&M) given that the following vulnerabilities and mitigations were identified:
The penetration test showed that not all systems had malware protection software in place. The mitigation was to write a malware defense process to include all employees and retest the system after the process was implemented.
The penetration test indicated that the data server that houses employee payroll records had an admin password of “admin.” The mitigation was to perform extensive hardening of the data server.
The penetration test also identified many laptop computers that employees brought to work and connected to the internal network,some of which were easily compromised. The mitigation was to write a bring your own device (BYOD) policy for all employees and train the employees how to use their devices at work.
Complete
the 1- to 2-page
Plan of Action and Milestones Template
. (Must use this template!)
.
Your company wants to explore moving much of their data and info.docxhyacinthshackley2629
Your company wants to explore moving much of their data and information technology infrastructure to the cloud. The company is a small online retailer and requires a database and a web storefront. Currently, only IT is over budget on database maintenance. The initial analysis points to significant cost savings by moving to a cloud environment.
Research
the differences between Infrastructure as a Service (IaaS), Software as a Service (SaaS), and Platform as a Service (PaaS).
Discuss
the differences between IaaS, SaaS, and PaaS. Give an example of the appropriate use of each of the cloud models (Iaas, SaaS, and PaaS).
.
Your company plans to establish MNE manufacturing operations in Sout.docxhyacinthshackley2629
Your company plans to establish MNE manufacturing operations in South Korea. You have been asked to conduct a cultural audit focusing on leadership behaviors of South Korea. The results of your report will be used for internal training for plant managers due to be reassigned to work with South Korean managers in a few months. You are aware of a high-collectivism culture with a Confucian code of ethical behavior in South Korea. What kinds of South Korean leadership behaviors would you expect to include in your report? Describe these in terms of interaction between the U.S. and Korean managers as well as interaction between Korean leader-followers.
By
Saturday, June 21, 2014
respond to the discussion question assigned by the faculty. Submit your response to the appropriate
Discussion Area
. Use the same
Discussion Area
to comment on your classmates' submissions and continue the discussion until
Wednesday, June 25, 2014
.
Comment on how your classmates would address differing views.
.
Your company just purchased a Dell server MD1420 DAS to use to store.docxhyacinthshackley2629
Your company just purchased a Dell server MD1420 DAS to use to store databases. the databases will contain all employee records and personal identified information (PII). You know that databases like this are often targets. The Chief Information Officer has asked you draft a diagram for the server and 3 connected workstations. The diagram must use proper UML icons.
- Research:
network topology to protect database server (Google Term and click images)
-
Create a diagram using proper UML
icon, the protects the server and the 3 workstations.
-
Include where Internet access will be located
, firewall and other details.
- The
body (Min 1 page)
- Provide a summary after the diagram how and why you topology should protect the database.
.
your company is moving to a new HRpayroll system that is sponsored .docxhyacinthshackley2629
your company is moving to a new HR/payroll system that is sponsored by a firm called Workday.com. You have been asked to oversee the stakeholder management aspects of this project. Identify some of the key stakeholders at your company and describe how you plan to keep them engaged during your year-long project. Be sure to include the appropriate methods since not all of your stakeholders are located at the HQ office in Herndon, VA.
.
Your company is considering the implementation of a technology s.docxhyacinthshackley2629
Your company is considering the implementation of a technology solution to address a business problem. As a member of the IT team for a manufacturing company, you were asked to select a product to address the identified needs, informing the stakeholders about its fit to the identified needs, and providing implementation details. Several past process changes have been unsuccessful at implementation and user acceptance. You will create two artifacts that communicate product information tailored to meet the needs of each of the following stakeholder groups:
• Audience 1: executive leadership of the organization, such as the CIO, CFO, etc.
• Audience 2: cross-functional team, including members from IT who will be implementing the product
.
Your company is a security service contractor that consults with bus.docxhyacinthshackley2629
Your company is a security service contractor that consults with businesses in the U.S. that require assistance in complying with HIPAA. You advertise a proven track record in providing information program security management, information security governance programs, risk management programs, and regulatory and compliance recommendations. You identify vulnerabilities, threats, and risks for clients with the end goal of securing and protecting applications and systems within their organization.
Your client is Health Coverage Associates, a health insurance exchange in California and a healthcare covered entity. The Patient Protection and Affordable Care Act (ACA) enables individuals and small businesses to purchase health insurance at federally subsidized rates. In the past 6 months, they have experienced:
A malware attack (i.e., SQL Injection) on a critical software application that processed and stored client protected health information (PHI) that allowed access to PHI stored within the database
An internal mistake by an employee that allowed PHI to be emailed to the wrong recipient who was not authorized to have access to the PHI
An unauthorized access to client accounts through cracking of weak passwords via the company’s website login
Health Coverage Associates would like you to
develop
a security management plan that would address the required safeguards to protect the confidentiality, integrity, and availability of sensitive data from the attacks listed above and protect their assets from the vulnerabilities that allowed the attacks to occur.
Write
a 1- to 2-page high-level executive summary of the legal and regulatory compliance requirements for Health Coverage Associates executives. The summary should provide
Accurate information on the HIPAA requirements for securing PHI
FISMA and HIPAA requirements for a security plan
Scope of the work you will perform to meet the Health Coverage Associates’ requests
Compile
a 1-to 2-page list of at least 10 of the CIS controls that provide key alignment with the administrative (policies), physical (secured facilities), and technical safeguards required under HIPAA to protect against the attacks listed above. Include corresponding NIST controls mapped to the selected CIS controls.
Write
a 1- to 2-page concise outline of the contents of the security management plan. Include
Policies Health Coverage Associates will need to manage, protect, and provide access to PHI
The recommended risk management framework Health Coverage Associates should adopt
Key elements Health Coverage Associates should include in its plan of actions and milestones
Cite
all sources using APA guidelines.
.
Your company has just sent you to a Project Management Conference on.docxhyacinthshackley2629
Your company has just sent you to a Project Management Conference on the latest trends in project scope management. When you return to work, you will have to provide a report at the staff meeting on what you learned.
In your initial post
, share some of the trends that you heard at the conference. Conduct research and use sources to support your findings. Be sure to acknowledge any sources you use.
.
Your company has designed an information system for a library. The .docxhyacinthshackley2629
Your company has designed an information system for a library. The project included a new network (wired and wireless), a data entry application, a Web site, database and documentation.
Design a generic test plan that describes the testing for an imaginary system, make sure to address unit, integration and system testing.
Create a one-page questionnaire to distribute to users in a post-implementation evaluation of a recent information system project. Include at least 10 questions that cover the important information you want to obtain.
.
Your company has had embedded HR generalists in business units for t.docxhyacinthshackley2629
Your company has had embedded HR generalists in business units for the past several years. Over that time, it has become more costly and more difficult to maintain standards, and is a frustration for business units to have that budget “hit.” The leadership has decided to move to a more centralized model of delivering HR services and has asked you to evaluate that proposition and begin establishing a project team to initiate the needed changes. The project team is selected, and you must now provide general direction.
.
Your company You are a new Supply Chain Analyst with the ACME.docxhyacinthshackley2629
Your company: You are a new Supply Chain Analyst with the ACME Corporation. We design specialty electronics that are components in larger finished goods such as major appliances, automobiles and industrial equipment. Manufacturing is outsourced to low-cost suppliers due to the significant labor contribution and closeness to electronic component suppliers.
Your product: ACME Corp. designs a leading-edge family of devices branded as “Voice Assistants.” These are add-on boxes that many OEMs are using as plug-and-play devices in a wide variety of Internet-of-Things products. They are also sold directly to consumers as after-market items, but only for IoT devices that were built with our proprietary data-port.
Figure 1: Product line of ACME Corp Voice Assistant IoT Add-on Boxes
Your task: Your Chief Supply Chain Officer (CSCO) is requesting a review of supplier-to-customer processes as related to recent growth in our company and increasing demand for faster responsiveness to customers. One alternative is to decentralize our inventory into regional Distribution Centers; however, our ERP system is currently limited in the data available to make some of these decisions – and the output reports are very antiquated. Starting off the process, the CSCO directed that your Analysis Team use population data to pro-rate our national sales data as a starting point. For this analysis, you are asked to focus only on the flagship product, Voice Assistant IoT Add-on Box, 4GB, SKU #123-456789. The challenge is now yours to complete some computations and interpret the results!
Your data: A detailed report from your ERP system along with secondary data from the U.S. Census Bureau (reference: https://www.census.gov/programs-surveys/popest/data/data-sets.html) is provided. (Note: Sales to Alaska, Hawaii and Puerto Rico are handled by a 3PL provider and therefore are NOT part of this analysis.) The consolidated EXCEL® file has incorporated several tasks already performed by the Analysis Team --- sort, cleanse, inventory optimization, etc. Other tasks remain for your team.
Detailed Requirements: Prepare a formal report summarizing your results and providing recommendations that are supported by facts. The required layout follows:
A. Supply Chain Management:
a. Identify a single key supplier and a single key customer for your product, including a brief description of their product.
b. Identify the proper type of business relationship that your company should have with the supplier and customer from Part A, above, then briefly describe the data that you would share with them.
c. When implementing Supply Chain Management with your #1 key supplier for the first time, create a timeline that lists each of the six SCOR processes in the order that you recommend implementation; include process leader (by job title), primary contact at supplier/customer (by job title), and duration to implement.
d. Briefly describe each of the four enablers of supply chain .
Your company has asked that you create a survey to collect data .docxhyacinthshackley2629
Your company has asked that you create a survey to collect data on customer satisfaction related to their health care experience at your hospital.
Assignment Details (4-5 pages)
Please Add Title to page
Page 1:
A brief summary of the health care issue/topic (wait time, medication errors, etc.)
Number and access of source to sample and population
Limitations of the survey (parameters)
Time line for completion of survey
Page 2: Survey Questions
Survey questions: Limit the questions to 10
Page 3: Compilation of Data
Time line for assessment and evaluation of data
Challenges faced during this process
Page 4: Results and Conclusions
Results of study
Conclusions and potential value of the findings
Reference page
Deliverable Length
4–5 pages
Title and reference pages
.
"Your Communications Plan"
Description
A.
What is your challenge or opportunity?
The topic I would like to present is pitching an Project idea for some investor to invest in my Women’s Resources center.(Voices Of Women)
B.
.
Why is this professionally important to you?
Goal
A.
What goal or outcome do you want to achieve with this communication?
I.
Is it clear, concise, and actionable?
Audience
A.
Who is you target audience?
What are the professional positions of the audience?
I.
What demographic characteristics will the audience comprise?
II.
What is your relationship to the audience?
III.
What background knowledge and expertise does the audience have?
IV.
What does the audience know, feel about, and expect concerning this communication?
V.
What preconceptions or biases do you possess that might prevent you from building rapport with your audience?
B.
What information is available about your audience?
A.
b.
c.
I.
What research/sources will you use to obtain information about the audience?
II.
What conclusions have you been able to draw about the audience?
C.
What tone will you
"Your Communications Plan"
Description
A.
What is your challenge or opportunity?
The topic I would like to present is pitching an Project idea for some investor to invest in my Women’s Resources center.(Voices Of Women)
B.
.
Why is this professionally important to you?
Goal
A.
What goal or outcome do you want to achieve with this communication?
I.
Is it clear, concise, and actionable?
Audience
A.
Who is you target audience?
What are the professional positions of the audience?
I.
What demographic characteristics will the audience comprise?
II.
What is your relationship to the audience?
III.
What background knowledge and expertise does the audience have?
IV.
What does the audience know, feel about, and expect concerning this communication?
V.
What preconceptions or biases do you possess that might prevent you from building rapport with your audience?
B.
What information is available about your audience?
A.
b.
c.
I.
What research/sources will you use to obtain information about the audience?
II.
What conclusions have you been able to draw about the audience?
C.
What tone will you use to convey your message?
I.
Is the setting casual or formal?
II.
Is the communication personal or impersonal?
Key Message
A.
What is the primary message you must convey to your audience?use to convey your message?
I.
Is the setting casual or formal?
II.
Is the communication personal or impersonal?
Key Message
A.
What is the primary message you must convey to your audience?
.
Your community includes people from diverse backgrounds. Answer .docxhyacinthshackley2629
Your community includes people from diverse backgrounds. Answer the following questions related to how culture affects nutrition.
1. How does your culture shape decisions that you make about nutrition? (Culture includes history, values, politics, economics, communication styles, beliefs, and practices.)
2. Describe at least 1 different cultures present at your community. How do these cultures impact food choices?
3. Describe how you interact with someone from another culture related to diet. Provide specific examples.
4. Assume that you are preparing a Thanks Giving dinner for a group of your classmates that represent a variety of cultures. Describe how you will prepare the menu and set the table. Include how you will address food safety at the picnic.
Explore ways to address the problem of food insecurity in your community.
1. What programs are available to meet the nutrition needs of individuals in the area?
2. What types of options exist in the area to purchase food?
3. What role do you believe society should take to ensure that individuals have access to adequate healthy food?
4. What do you see as your role in the community related to proper nutrition?
.
Your Communications Plan Please respond to the following.docxhyacinthshackley2629
"Your Communications Plan"
Please respond to the following:
Provide a brief overview of your Strategic Communications Plan. Include a short description for each of the following
in bullet point format
:
- The purpose of the communication
- Your goal
- Audience
- Key Message
- Supporting Points
- Channel Selection
- Action Request
Note:
Remember, feedback is a powerful and essential tool. Thoughtful, useful feedback is specific. It combines suggestions for improvement with the recognition of good ideas. When you offer feedback, you should contribute new ideas and new perspectives to help your peers learn and move forward.
.
Your Communication InvestigationFor your mission after reading y.docxhyacinthshackley2629
You are to observe human interaction for 15 minutes in a public setting, noting details of two people's conversation without interrupting. You should describe the communication environment and identify elements of the transactional communication model. Finally, post a brief report on the discussion board, and reply to two classmates' posts with empathetic perspectives on their observations.
Your Communications PlanFirst step Choose a topic. Revi.docxhyacinthshackley2629
"Your Communications Plan"
First step: Choose a topic. Review the Communication Challenge Topics and choose one that is relevant and interesting to you. Make sure to review the examples and anecdotes that follow each topic in this document. You can also find this information under the Course Info tab.
Second step: Review the Strategic Communication Plan example. Your plan should mirror this example in format and length. You can also find this example under the Course Info tab.
Third step: In this discussion, please respond to the following:
Part 1: What is your topic?
Part 2: Provide a rough draft of your Strategic Communications Plan for peer review and instructor feedback. Your draft should include enough detail that we can provide strong constructive feedback and input.
COM510 ASSIGNMENT COMMUNICATION CHALLENGE TOPICS
In the world of business, we can create opportunities through strategic communication. Throughout our professional careers, there are key events that raise the stakes of our communications approach.
WHAT YOU’LL DO
1) Review the Communication Challenge Topics and their accompanying case study examples.
2) Select 1 topic that is professionally relevant for you.
3) Use for your COM510 assignments (the topic you have selected, not the case study example).
Note: If there is another challenge or current opportunity in your professional life that is more relevant for you, you may choose a topic that is not on this list. Keep in mind that the communication challenge you select must in- clude both written and verbal communication elements to meet the needs of this course. (Your professor must approve your selection before you proceed.)
1
Examples of each scenario are provided to demonstrate what thoughtful, professional communication would look like in each of these situations. These are only examples and should not be used for completing the assignment. You can create and establish all necessary assumptions. The scenario is yours to explain.
COMMUNICATION CHALLENGE TOPICS
Choose one of the following topics for your assignments.
• Internal Promotion Opportunity
• New Job Opportunity Interview
• Running a Meeting
• Coaching Your Direct Employees
• Pitching a Project Idea
INTERNAL PROMOTION
Seeking a promotion from within your company is one opportunity in which strategic communication could mean the difference be- tween success and failure. If you choose this scenario, you’ll need to create both a written and a verbal (audio or video) communica- tion. These elements should explain why you are the right person for the internal promotion while addressing potential questions you might need to answer as part of the process.
Things to Consider
• Have you checked the listings on your company’s job board lately?
• Is there a new position you would like to secure?
• Have you taken on more responsibility at work?
• Have your outcomes been positive?
• Do your job title and job description match what you do? .
Your coffee franchise cleared for business in both countries (Mexico.docxhyacinthshackley2629
Your coffee franchise cleared for business in both countries (Mexico, and China). You now have to develop your global franchise team and start construction of your restaurants. . You invite all of the players to the headquarters in the United States for a big meeting to explain the project and get to know one another since they represent the global division of your company.
You are concerned with the following two issues. Substantively address each in a two-part paper, applying Beyond the Book, MUSE, Intellipath and library resources to support your reasoning
Part 1: Effective communication with participants
What are the implications of the cultural variables for your communication with the team representative from each country in the face to face meeting?
Address Hall’s high and low context regarding verbal and non-verbal communication. The United States is a low context culture, while each country is high context.
Tip: Write at least one substantive paragraph for each country
Video on Hall's high and Low Context Communication
Part 2: Effective communication among participants
What are examples of barriers and biases in cross-cultural business communications that may impact the effectiveness of communication among the meeting participants and in potential negotiations?
What are some of the issues you should be concerned about regarding verbal and nonverbal communication for this group to avoid misinterpretations and barriers to communication?
Please submit your assignment.
.
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.
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.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
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.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
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1. Which of the following offers terminates earliest Assume that .docx
1. 1. Which of the following offers terminates earliest? Assume
that there is no time limitation on the offer unless the offer says
otherwise.
A. An offer for the sale of land.
B. An offer to purchase stock on a stock exchange.
C. An offer that says that it will stay open for one week.
D. An offer with a valid five-day option attached to it.
2. In determining whether the consideration requirement has
been satisfied to form a contract, the courts will be required to
decide whether the consideration
A. was bargained for.
B. was fair and adequate.
C. has sufficient economic value.
D. conforms to the subjective intent of the parties.
3. Beal offered in writing to sell Crane a piece of land for
$150,000. If Beal dies, the offer will
A. automatically terminate prior to Crane's acceptance.
B. automatically terminate despite Crane's prior acceptance.
C. terminate prior to Crane's acceptance only if Crane received
notice of Beal's death.
D. remain open for a reasonable period of time after Beal's
death.
4. Article 2 of the UCC does not apply to a sale of:
A. ball bearings.
B. wheat that has been harvested.
C. corporate stock.
D. a new car.
5. The primary distinction between an action based on innocent
misrepresentation and an action based on common law fraud is
that, in the former, a party need not allege and prove
A. that there has been a false representation.
B. the materiality of the misrepresentation.
C. reasonable reliance on the misrepresentation.
2. D. that the party making the misrepresentation had actual or
constructive knowledge that it was false.
6. Westlake Online, an Internet services provider, includes in
its "clickwrap" contract a clause stating that California courts
have "exclusive jurisdiction" over subscribers' disputes with
Westlake Online. This clause will most likely be:
A. unenforceable because it was not the result of bargaining.
B. enforceable if it is considered reasonable by a court.
C. unenforceable against a subscriber in another state.
D. enforceable if the subscriber does not file a motion to
dismiss.
7. A valid assignment always requires:
A. consideration.
B. writing.
C. filing with a local court.
D. an intention to assign.
8. In deciding whether consideration necessary to form a
contract exists, a court must determine whether
A. the consideration given by each party is of roughly equal
value.
B. there is mutuality of consideration.
C. the consideration has sufficient monetary value.
D. the consideration conforms to the subjective intent of the
parties.
9. The standard of proof in a criminal case is:
A. proof by a preponderance of the evidence.
B. proof beyond a reasonable doubt.
C. proof that is "more likely than not".
D. proof beyond a shadow of a doubt.
10. Which of the following best illustrates duress?
A. Bob was to deliver goods worth $500 to Pam on October 1,
but failed to do so. Pam tells Bob that unless he pays her $600,
which it cost her to obtain goods from another supplier, she will
sue him in court.
B. Diana, a real estate agent, brings her car in for repair at
3. Eric's Auto Repair. After examining the car, Eric gives Diana a
$500 estimate for the work to be done. Diana needs her car to
do her job, so she reluctantly agrees to the repairs.
C. Len has contracted to sell goods to Mel. Knowing that Mel
needs the goods to be delivered on a specific date, Len threatens
to withhold delivery on that date unless Mel agrees to pay a
higher price.
D. Bill persuades his elderly mother to withdraw her life
savings from the bank and make an interest-free loan to him.
11. Bob is a merchant in New York and Betty is a merchant in
California. Bob wants to do business with Betty but he is
concerned that if a lawsuit should result from their transaction,
he might have to travel to California and hire a California
lawyer to litigate the dispute. What type of clause should Bob
try to include in his contract with Betty that will probably
assure him that if litigation ensues, it will take place in New
York?
A. Forum selection clause
B. Confession of judgment clause
C. Jurisdiction selection clause
D. Parties selection clause
12. D owes C a debt the amount of which is subject to a good
faith dispute. The parties agree to settle the debt, with D
promising to pay C $15,000 and C promising to release D on the
$25,000 debt. The settlement agreement:
A. is supported by consideration.
B. lacks consideration because C is not giving D any legal
value.
C. lacks consideration because D is promising to perform a
preexisting legal obligation.
D. is binding under UCC section 2-209 even though there is no
consideration.
13. An important difference between duress and undue influence
is that:
A. duress always makes contracts void, while undue influence
makes contracts voidable.
4. B. duress involves physical compulsion, while undue influence
involves economic compulsion.
C. the scope of duress has contracted since the 19th century,
while the scope of undue influence has expanded since the 19th
century.
D. duress is wrongful coercion while undue influence is unfair
persuasion.
14. Strict liability offenses:
A. dispense with the requirement of proof of any criminal intent
on the part of the defendant.
B. are so classified because the punishments imposed on
violators are especially harsh in comparison to the punishments
for other criminal offenses.
C. impose liability on a defendant for the act of another party.
D. are commonly criticized on the ground that a person may not
be convicted of such an offense without being shown to have
committed a wrongful act.
15. Once an assignment occurs, the assignee acquires:
A. limited rights.
B. greater rights than the assignor.
C. same rights as the assignor had prior to assignment.
D. no rights at all.
16. Jim saw an advertisement in the Daily News stating the
Wolf Sporting Goods Store was "offering to sell Browning
shotguns, model 100, for $400." Jim went the next day to Wolf's
store and said "Here is $400, I accept your offer to sell me a
Browning model 100 for $400". Has an enforceable contract
been formed?
A. Yes, because the ad was an offer.
B. Yes, because the price was less than $500.
C. No, because the ad was not a contract offer.
D. No, because the acceptance was oral.
17. In order for the consideration requirement in contracts to be
met:
A. the consideration given by each party must be of roughly
equal value.
5. B. each party must give consideration.
C. the consideration must have monetary value.
D. the consideration must consist of some form of property.
18. A court has held that a certain contract violates public
policy. This contract will be treated the same as:
A. an illegal contract.
B. a contract between a minor and an adult.
C. a private contract.
D. a public contract.
19. Which of the following damages can be recovered by
plaintiff who usually wins a tort case?
A. Injunction
B. Punitive
C. Compensatory
D. Damages for mental agony
20. Ahmed promises to sell his boat to Mendel, and Mendel
promises to buy it from Ahmed. What type of contract is this?
A. A unilateral contract
B. A quasi contract
C. A bilateral contract
D. A promissory estoppel contract
21. Which of the following is least likely to constitute
ratification of a contract made by a minor?
A. Performing one's duties under the contract after reaching the
age of majority.
B. Accepting performance from the other party to the contract
after the age of majority.
C. Failing to disaffirm a completely executory contract within
one month after the age of majority.
D. Making an oral statement that "I ratify the contract."
22. Which of the following is a constraint on the power of
judicial review?
A. Constitution's explicit and clear language.
B. Judge's refusal to strictly adhere to the doctrine of stare
decisis.
C. Harmony between modern judicial review and democracy.
6. D. Judges willingness to declare statutes unconstitutional.
23. Payne entered into a written agreement to sell a parcel of
land to Stevens. At the time the agreement was executed, Payne
had consumed alcoholic beverages. Payne's ability to
understand the nature and terms of the contract was not
impaired. Stevens did not believe that Payne was intoxicated.
The contract is
A. void as a matter of law.
B. legally binding on both parties.
C. voidable at Payne's option.
D. voidable at Stevens' option.
24. Which of the following is covered by the statute of frauds?
A. A real estate mortgage.
B. A $300 contract for the sale of pencils.
C. A contract that can be performed within a week.
D. A $100 VCR repair.
25. In order for an offer to confer the power to form a contract
by acceptance, it must have all of the following elements
except
A. communication to the offeree and the communication must
be made or authorized by the offeror.
B. sufficiently definite and certain.
C. communication by words to the offeree by the offeror.
D. manifestation of an intent to enter into a contract.
26. Raj went to the Napa Valley Harvest Festival, where he
stopped at Tina's booth where she was selling paintings of
vineyards. Raj admired a painting of vineyards, which did not
appear to be for sale. Raj said to Tina, "I will give you $200 if
you give me that painting right now." Tina said nothing in
response, but she gave Raj the painting, and Raj gave her $200
in cash. This is an example of a contract that is now:
A. Bilateral and executed.
B. Bilateral and executory.
C. Unilateral and executed.
D. Unilateral and executory.
7. 27. The Fourth Amendment to the U.S. Constitution requires
that officers of the government may not conduct:
A. any searches or seizures of individuals' real or personal
property.
B. any searches or seizures of individuals' real property.
C. any searches or seizures of individuals' personal property.
D. any unreasonable searches or seizures of individuals' real or
personal property.
28. The law enforcement officers searched the house of co-
occupants Ron, Jeff and Joe for firearms without a warrant. Ron
consented to the search, while the others objected to the
intrusion of their privacy. Is this a violation of the Fourth
Amendment?
A. No, because Ron has consented to the search.
B. No, because consensual searches without warrants does not
violate the Fourth Amendment.
C. Yes, because searches without warrant are unconstitutional.
D. Yes, because other co-occupants present at the time of the
search had objected to the search.
29. Which of the following defines "transferred intent"?
A. A person who is liable for his negligence.
B. A defendant who is liable for another person's illegal act.
C. Master who is liable for servant's act during his employment.
D. A defendant who intends to injure one person but actually
injures another.
30. Store owners' "conditional privilege" defense against
intentional tort claims brought by detained shoplifting suspects,
recognized by most states, usually:
A. requires only that the store owner acted with reasonable
cause in detaining the suspect.
B. requires only that the store owner detains the suspect for a
reasonable length of time.
C. extends only to false imprisonment claims.
D. requires that the store owner act with reasonable cause, in a
reasonable manner, and detain the suspect for only a reasonable
length of time.
8. 31. What is the main difference between an assignment and a
novation?
A. In a novation the original obligor is completely discharged
from his/her obligations under the contract.
B. In a novation the original obligee is completely discharged
from his/her obligations under the contract.
C. In a novation the original obligor remains secondarily
obligated.
D. In a novation both the original obligee and the original
obligor remain obligated.
32. Which of the following is not a basic element of contract?
A. An offer and an acceptance of that offer
B. Consideration
C. Contractual capacity
D. Any objective
33. Mitch, an attorney, accepts an offer for an attorney position
at The Firm. Grisham, the managing partner of The Firm, sends
Mitch an Employment Policy Manual, which contains policies
regarding attendance and confidentiality prior to Mitch's first
day. Grisham includes a note advising Mitch to carefully review
the Manual as he would be expected to adhere to its policies.
During his first week at The Firm, Mitch is seen leaving the
office at noon with copies of files tucked under his arm and not
returning. He is also observed giving the copied files to a man
not associated with The Firm. At the end of the week, Mitch is
terminated for violating the terms of the Employment Policy
Manual. Which of the following is true?
A. Mitch may recover his moving expenses under the doctrine
of promissory estoppel.
B. The Firm breached its express contract with Mitch by
terminating him.
C. The Employment Policy Manual is part of the implied
contract between Mitch and The Firm.
D. The Firm may recover Mitch's salary under the doctrine of
quasi-contract
34. Sandra took advantage of a confidential, trusting
9. relationship with Ruth when they entered into a contract. Now
Ruth has a remedy based on:
A. duress.
B. unconscionability.
C. undue influence.
D. fraud in the execution.
35. The Double Jeopardy Clause:
A. establishes that a person cannot be prosecuted by the state
for a state crime after being acquitted of a federal crime, if the
two alleged crimes involved essentially the same facts.
B. establishes that a single criminal act with multiple victims
cannot result in more than one criminal prosecution.
C. protects criminal defendants from having to undergo more
than one prosecution by the same sovereign for the same
criminal offense.
D. bars a private plaintiff from pursuing a civil case.
36. Statute of State X provides that every sale of fertilizer
should be accompanied with a statement prescribing particulars
as to quantity, price, date, name of consumer etc. at the time of
its sale and delivery. John, a fertilizer seller, prepares the
statement and offers it to the buyer, but fails to give it at the
time of delivery. This agreement:
A. is unenforceable.
B. is illegal.
C. is voidable.
D. is enforceable.
37. With regard to an agreement for the sale of real estate, the
Statute of Frauds
A. does not require that the agreement be signed by all parties.
B. does not apply if the value of the real estate is less than
$500.
C. requires that the entire agreement be in a single writing.
D. requires that the purchase price be fair and adequate in
relation to the value of the real estate.
38. "Books are Us" (BU) is a bookstore. BU is being sued for
defamation after it sold a book containing false, defamatory
10. statements about the plaintiff. BU's best defense to this lawsuit
is that:
A. BU is not the distributor of the book
B. BU is not the publisher of the book
C. BU did not intend to harm the plaintiff
D. BU did not violate any criminal law or regulation in selling
the book
39. Sally wanted to replace the old carpet in her home. She
entered into a contract with Good Carpet Co. (GCC) for the
purchase and installation of a new carpet. The price of the
carpet was $3,000 and the cost of the labor to install the carpet
was $150. Later Sally became dissatisfied with this transaction
and wants to sue GCC. Sally wants to apply the contract rules of
the UCC, but GCC wants to apply the contract rules of the
common law. Which source of law should govern this case?
A. The contract rules of the UCC apply, because the contract
included the sale of goods.
B. The contract rules of the UCC apply, because the
predominant purpose of the contract was sale of goods.
C. The contract rules of the common law apply, because the
contract included services, which are governed by the common
law.
D. The contract rules of the common law apply, because all
contracts are governed by the common law.
40. Which of the following will be legally binding on all the
parties despite the lack of consideration?
A. A promise to donate money to a charity which was relied
upon by the charity in incurring large expenditures.
B. An oral employment agreement for a term of nine months
from the date the agreement was formed.
C. An irrevocable oral promise by a merchant to keep its offer
open for 60 days.
D. A material modification signed by the parties to a contract to
purchase and sell a parcel of land.
41. Generally, contracts entered with a minor are voidable.
However there are certain statutorily carved exceptions to the
11. right to disaffirm. Which of the following is not an exception?
A. Transaction of medical insurance contract.
B. Transaction of buying a car.
C. Transaction of educational loan.
D. Transaction of marriage.
42. Amos entered into a contract with Jerry for the sale of
Amos' boat. Which set of legal rules governs this transaction?
A. Contract rules of the Common Law
B. Contract rules of the Uniform Commercial Code
C. Equity rules that ensure fairness in transactions
D. Marine law
43. The actions that an appellate court takes usually include:
A. receiving new evidence if it was not available at the trial.
B. correcting legal errors made by the trial judge.
C. making a new, more correct determination of the facts.
D. correcting the factual errors of the case.
44. The Statute of Frauds
A. prevents the use of oral evidence to contradict the terms of a
written contract.
B. applies to all contracts having consideration valued at $500
or more.
C. requires the independent promise to pay the debt of another
to be in writing.
D. applies to all real estate leases.
45. You purchased your home in 1995 and took out a mortgage
at that time with an interest rate of 5%. Now you want to sell
the home. Current interest rates are 6.5%. The buyer would like
to "take over" your mortgage and pay the lower interest rate.
This might be possible under what legal procedure?
A. Accord and satisfaction
B. Assignment
C. Status quo
D. Discharge
46. In which of the following circumstances is a debt settlement
not a binding contract?
A. Where the amount of the debt is uncertain or subject to
12. dispute.
B. Where the amount of the debt is certain and undisputed.
C. Where the only consideration the creditor gives the debtor is
his promise not to sue the debtor on the original debt.
D. Where the settlement is part of a composition agreement.
47. On May 1, A makes a written offer to B for the sale of A's
car. On May 2, A mails B a letter revoking the offer. On May 3,
A telephones B to tell him that he is revoking the offer. On May
4, B learns that A has sold the car to C. On May 5, A's letter
finally gets to B. A's offer terminated on:
A. May 2.
B. May 3.
C. May 4.
D. May 5.
48. In which of the following cases is avoidance of a contract
for mutual mistake least likely?
A. Where the adversely affected party contracted with conscious
knowledge that he did not know a fact that wound up hurting
him.
B. Where the parties are mistaken about a basic assumption that
they never consciously considered.
C. Where the adversely affected party gets less value out of the
contract and the other party gets an unbargained-for windfall.
D. All of the above make it very unlikely that either party can
avoid the contract due to mutual mistake.
49. You wish to download free software from the Internet. The
download procedure includes a page titled "download now" that
asks you to "please review" the licensing agreement that is
available to you on another web page. The "download now"
page has a button that initiates the download process. You click
that button, without going to the licensing agreement page. The
licensing agreement page contains an arbitration provision. Are
you bound by this provision?
A. Yes, because the "please review" statement in the "download
now" page informed you of the licensing agreement.
B. Yes, because when you clicked the button to initiate the
13. download process you agreed to the provisions in the licensing
agreement.
C. No, because you did not perform an action that indicated
your assent to the licensing agreement.
D. No, because clicking on the software button cannot indicate
assent to a contract.
50. Which of the following is false about the power of courts?
A. Courts are not absolutely bound to favor one technique of
statutory interpretation over another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Trial courts can decide abstract propositions of law even
though there is no real case or controversy between existing
parties with a tangible stake in the outcome of the controversy.
51. In an assignment/delegation, which party remains
secondarily liable on the obligation that has been delegated?
A. Assignor/Delegator
B. Assignee/Delegatee
C. Third party
D. Obligee
52. Which of the following is false regarding equity?
A. Today, most states have abolished separate equity courts.
B. The typical equitable remedy is money damages.
C. The rules of equity are not very precise and technical.
D. Equitable principles cannot defeat statutes.
53. A contract whose formation is induced by duress (force or
compulsion) is:
A. void.
B. voidable.
C. unenforceable.
D. executory.
54. A newspaper advertisement made to the general public:
A. usually is an offer.
B. can be revoked by using a similar newspaper advertisement.
C. can only be rejected by using a similar newspaper
advertisement.
14. D. is a firm offer that cannot be revoked.
55. Joe sells his business to Shirley. During the negotiations,
Joe negligently tells Shirley that the business has turned a profit
for the last five years. In reality, the business operated at a loss
for each of those years. However, Shirley did not hear Joe's
misstatement. Shirley cannot rescind the contract because:
A. Joe's false statement was negligent rather than intentional.
B. Joe's misstatement was not material.
C. Shirley did not actually rely on Joe's misstatement.
D. Shirley did not justifiably rely on Joe's misstatement.
56. Anti-assignment clauses in contracts generally are:
A. enforceable but read narrowly.
B. enforceable and read broadly.
C. unenforceable because they are unconscionable.
D. unenforceable because they are void.
57. Able Co. entered into a contract with Baker Co. for the sale
of goods. Both parties are merchants under the UCC. Each party
used its own form as an offer and acceptance. On the back of
each form there were minor terms that conflicted with each
other. What is result of these minor differences in terms on the
forms used by the parties?
A. There is no contract here because there is no "mirror image"
between the offer and the acceptance.
B. There is no contract here because there is no "meeting of the
minds."
C. A contract does result, and it includes Baker's terms.
D. A contract does result, and it includes the terms agreed upon
plus gap-fillers from the UCC.
58. Dave tells Dora that Phil, a financial advisor, has been
stealing money from his clients. Dora then repeats Dave's
statement to Tom, telling Tom that the information comes from
Dave. All these statements are oral, defamatory, and false. Phil
sues Dave and Dora for defamation. Which of the following is
true? Don't consider defenses and privileges.
A. Phil can recover against Dave and Dora without proving
special damages.
15. B. Because Dora only repeated Dave's statement and identified
Dave as its author, she can't be liable to Phil.
C. Because Dave only communicated his statement to Dora, and
not to an appreciable number of people, he can't be liable to
Phil.
D. Phil must prove special damages in order to recover against
Dave and Dora.
59. Carter owns a parcel of land. Smith, one of Carter's closest
friends and an attorney, has persuaded Carter to sell the land to
Smith at a price substantially below fair market value. At the
time Carter sold the land he was resting in a nursing home
recovering from a serious illness. If Carter desires to set aside
the sale, which of the following causes of action is most likely
to be successful?
A. Duress
B. Undue influence
C. Fraud
D. Misrepresentation
60. Which of the following is not a complete defense to
criminal liability?
A. Intoxication
B. Voluntary intoxication
C. Infancy
D. Insanity
61. To announce the grand opening of a new retail business,
Hudson placed an advertisement in a local newspaper quoting
sales prices on certain items in stock. The grand opening was so
successful that Hudson was unable to totally satisfy customer
demands. Which of the following statements is correct?
A. Hudson made an invitation seeking offers.
B. Hudson made an offer to the people who read the
advertisement.
C. Anyone who tendered money for the items advertised was
entitled to buy them.
D. The offer by Hudson was partially revocable as to an item
once it was sold out.
16. 62. Assume that an applicable state statute makes it a crime for
a private citizen to own or possess a machine gun. For
approximately three weeks, police officer Joe Monday had had
probable cause to believe that Lemuel "Lemme" Wastem, a
private citizen, possessed an arsenal of machine guns in his
apartment. Acting on this probable cause but without a warrant,
Monday knocked on the door of Wastem's apartment late one
evening as Wastem was writing a letter to his mother. Monday
asked whether he could come in to talk to Wastem. Wastem let
Monday in. Then, without Wastem's consent, Monday began
searching the apartment. He proceeded down a hall, through a
closed door to Wastem's bedroom, and opened the also-closed
door to Wastem's bedroom closet. There, Monday found several
machine guns sitting on the floor of the closet. He arrested
Wastem for an alleged violation of the statute mentioned above.
In a pre-trial motion, Wastem's attorney has asked that the court
apply the exclusionary rule and suppress the evidence yielded
by Monday's search of Wastem's apartment. Should the evidence
be suppressed?
A. No, because Monday had probable cause to believe that
Wastem had the machine guns in his apartment.
B. Yes, because the unconsented search did not fall within the
exceptions to the general rule that warrantless searches are
unreasonable.
C. No, because Wastem voluntarily allowed Monday to enter the
apartment and because the machine guns were in plain view in
the closet.
D. Yes, because the search, though warrantless, was conducted
by an officer who was acting to further the public's safety.
63. The effect of a valid delegation of duties is that it:
A. discharges the delegator from any further liability.
B. is an automatic novation.
C. discharges the obligee from any further liability.
D. appoints the delegatee to perform the delegator's duty to the
obligee.
64. You are standing on a street corner. A truck belonging to
17. the Safety First Trucking Co. (SFTC) carrying radioactive
nuclear waste has a tire blown out, which causes the truck to
overturn near you. Radioactive waste escapes from the truck and
covers half your body. As a result, you suffer serious medical
harm. What legal theory of recovery is available to you and will
not require you to prove that SFTC was at fault?
A. Negligence
B. Express warranty
C. Implied warranty
D. Strict liability
65. When is the revocation of an offer effective?
A. When received by the offeror
B. When received by the offeree
C. When sent by the offeree
D. When sent by the offeror
66. Edna is the leading brain surgeon in the United States. She
enters into a contract to perform a difficult brain operation on
Ben. Edna is very busy and wants to assign this contract to a
less experienced surgeon, Charles. This would be Charles' first
operation of this type. Ben can object to this assignment and
prevent it because the contract between Ben and Edna is:
A. a contract for services to be performed in the future
(executory).
B. a contract involving personal skill.
C. a services contract.
D. an employment contract.
67. Ian, a lawyer, sent an offer to Raymond on October 1
offering to sell Ian's car for $5,000. The offer did not contain a
provision stating when it would terminate. Under these
circumstances, when will that offer terminate?
A. After 5 days, as per the "5 day rule."
B. After 10 days, as per the "10 day rule."
C. After a "reasonable" period of time.
D. The offer will not terminate until either Ian or Raymond
communicate that their willingness to enter that transaction has
ended.
18. 68. Edna, who runs a flower shop, sells Jim a shotgun. Jim is
unemployed, and Edna has never before sold a firearm in her
life. Which of the following is true?
A. Article 2 of the UCC applies because Edna is a merchant.
B. Article 2 of the UCC applies because a shotgun is a movable
thing.
C. Article 2 of the UCC does not apply because Edna is not a
merchant with respect to shotguns.
D. Article 2 of the UCC does not apply because Jim is not a
merchant.
69. Pam bought Mississippi State Lottery tickets. Several days
later, she learned that someone had won the lottery but that the
winner had not yet come forward. She searched for her ticket to
see if she had selected the winning numbers, but was unable to
find it.
Although the lottery ticket was gone, Pam still possessed the
play slip she had used when she purchased the ticket. She
checked the numbers on the play slip and discovered that she
had the winning numbers for the lottery.
Reasoning that the play slip would satisfy the Lottery office,
Pam laid her claim. The Lottery Office took the position that
Pam needed to produce the actual winning ticket as per the
rules, and it denied her claim. Pam sued the Lottery Office for
breach of contract and unjust enrichment. Will she succeed?
A. Yes, because the pay-slip should be proof enough to
substantiate her claim on the prize money.
B. Yes, because this is a good faith claim and Lottery Office
should accept Pam's pay-slip as proof of her winning the
lottery.
C. No, because Pam had made a mistake in losing the original
ticket.
D. No, because the rules of the contract prescribed the ticket
must be shown to claim the money. Pam had accepted that rule
when she entered into the contract and thus she is now
precluded from claiming the prize money.
70. Which of the following is true regarding promissory
19. estoppel?
A. It requires that the promisor should reasonably expect to
induce the promisee's action or forbearance.
B. It requires a written promise.
C. It requires consideration.
D. It applies only when one or both parties is a merchant.
71. Which of the following contracts or contract provisions is
most likely to be enforced?
A. A gambling contract.
B. A contract that violates a licensing statute whose aim is
regulatory.
C. A contract that violates a licensing contract whose aim is to
raise revenue.
D. A loan agreement that charges an interest rate which exceeds
the limit set by state law.
72. Carlos signed a contract to work as an auto parts manager
for Jones Chevrolet. This contract is governed by:
A. Article 2 of the UCC.
B. state common law.
C. the doctrine of promissory estoppel.
D. the law of quasi contract.
73. Administrative agencies make:
A. executive orders.
B. agency decisions.
C. ordinances.
D. common law.
74. Polk is seeking to avoid performing a promise to pay Lake
$800. Polk is relying upon lack of consideration on Lake's part
sufficient to support his promise. Polk will prevail if he can
establish that
A. Lake's only claim of consideration was the relinquishment of
a legal right.
B. prior to Polk's promise, Lake had already performed the
requested act.
C. the contract is executory.
D. Lake's asserted consideration is only worth $250.
20. 75. Sue wanted to purchase a car. She went to "Honest Bob's"
used car sales. She was interested in a classic 1956 Jaguar XK
140 roadster. Bob told her "this is a great car – it runs like a
dream, it is a sweet ride". Bob's statements are legally
considered to be:
A. opinion statements.
B. material representations.
C. non-material representations.
D. fraudulent, if they are false.
76. Arnold agrees to lease Bob the fourth floor of his house.
Arnold himself resides on the second floor. The person typing
the contract strikes the wrong key, and the contract reads,
"second floor." Neither Arnold nor Bob notices this error when
they read and sign the contract. What will the Court do?
A. Avoid the contract
B. Rescind the contract
C. Enforce the contract
D. Reform the contract
77. A minor entered into a contract with GEM & Co. On
attaining majority, he wishes to enforce the contract, the adult
party must:
A. perform the contract.
B. rescind the contract.
C. abandon the contract.
D. ratify the contract.
78. Joe goes to the dentist to have a tooth extracted. Joe never
signs a written contract for this service, and he and the dentist
never made an oral agreement either. Later the dentist bills Joe,
and Joe refuses to pay. After that, the dentist sues Joe. Which of
the following is true?
A. The dentist can recover under quasi-contract.
B. The dentist cannot recover under an implied contract theory.
C. The dentist can recover under the doctrine of promissory
estoppel.
D. The dentist cannot recover because there was no express
contract here.
21. 79. Which of the following is most likely to be classed as a
nuisance (rather than as a trespass to land)?
A. Firing a machine gun through an adjoining landowner's
airspace.
B. Chasing another person onto an adjoining landowner's land.
C. Leaving smelly, unsanitary garbage on your ex-landlord's
land after the expiration of your lease.
D. Allowing thick smoke from your manufacturing operations to
continually drift over an adjoining landowner's land.
80. Martin wrote Dall and offered to sell Dall a building for
$200,000. The offer stated it would expire 30 days from April 1.
Martin changed his mind and does not wish to be bound by his
offer. If a legal dispute arises between the parties regarding
whether there has been a valid acceptance of the offer, which
one of the following is correct?
A. The offer can be legally withdrawn for the stated period of
time.
B. The offer will not expire before the 30 days even if Martin
sells the property to a third person and notifies Dall.
C. If Dall categorically rejects the offer on April 10, Dall
cannot validly accept within the remaining stated period of
time.
D. If Dall phoned Martin on May 30, and unequivocally
accepted the offer, a contract would be created, provided that
Dall had no notice of withdrawal of the offer.
81. A written agreement was signed by two parties and it was
intended to be their entire agreement. The parol evidence rule
will prevent the admission of evidence that is offered to
A. prove the existence of a contemporaneous oral agreement
that modifies the contract.
B. prove the existence of a subsequent oral agreement that
modifies the contract.
C. explain the meaning of an ambiguity in the written contract.
D. establish that fraud had been committed in the formation of
the contract.
82. Non-compete clauses in contracts:
22. A. are never enforced because they violate anti-trust laws.
B. are never enforced because they are unethical.
C. are always enforced under the doctrine of "freedom of
contract".
D. are sometimes enforced if they are reasonable.
83. In order to satisfy the consideration requirement to form a
contract, the consideration exchanged by the parties must
A. have a monetary value.
B. conform to the parties subjective intent.
C. be legally sufficient.
D. have approximately the same value.
84. Ann is troubled with the noise of the old generator set up by
her neighbor Jose at his residence. The noise the generator
makes is unbearable. Ann sues Jose for nuisance. Will she
succeed?
A. No, because it is reasonable noise
B. No, because generator is not her personal property
C. No, because she cannot interfere with Jose's personal matters
D. Yes, because the noise is interfering with plaintiff's use and
enjoyment of land.
85. Ted King, a building subcontractor, submitted a bid for
construction of a portion of a high-rise office building. The bid
contained material errors in computation. Lago Corp., the
general contractor, accepted the bid with knowledge of King's
errors. King
A. must perform the contract unless he can show that Lago
acted fraudulently.
B. must perform the contract according to the stated terms since
his errors were unilateral.
C. will avoid liability on the contract only if his errors were not
due to his negligence.
D. will avoid liability on the contract since Lago knew of King's
errors.
86. Which of the following is generally true regarding the tort
of conversion?
A. It involves both real property (land and interests in land) and
23. personal property.
B. As its name implies, conversion always involves the
transformation of the plaintiff's property into something else--
e.g., its destruction, alteration, etc.
C. A defendant who buys or sells stolen property may be liable
for conversion even if she does so in good faith and without
knowledge of the theft.
D. Conversion involves all interferences with the plaintiff's
property rights--whether serious or nonserious.
87. The burden of proof in a civil case is
A. beyond a reasonable doubt, based on the evidence
B. a moral certainty, based on the evidence
C. a preponderance of the evidence
D. probable cause, based on the evidence
88. Evan plans to open a Company named "Marryland" for
which her trademark is "M". This trademark in no way
resembles the famous McDonald's Trademark. However, she
fears that the latter might think otherwise and sue her in future.
Evan wants to take no risk and hence seeks Court's judgment on
the issue. Can she do it?
A. Yes, she can do it under State and Federal declaratory
judgment statutes.
B. Yes, she can do it because she wishes to seek Court's
opinion.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two
marks are not similar.
89. Which of the following is most likely to constitute undue
influence?
A. A firm's bribing someone to break a contract with a
competitor.
B. A clergyman's using his position and a parishioner's
emotional susceptibility to get the parishioner to contract with
the clergyman.
C. Threatening to commence a frivolous criminal prosecution
against someone, in order to get her to contract with you.
24. D. Grabbing someone's hand and forcing him to write an "x" on
a contract you have prepared.
90. Which of the following duties is least likely to be
delegable?
A. A general contractor hired to build an apartment complex.
B. An artist hired to paint a portrait.
C. A home repair service's agreement to fix plumbing problems.
D. A business's agreement to deliver goods to a customer.
91. Jack, a resident of Texas, sued Jill, a resident of Kentucky,
alleging breach of contract. Jack may attach Jill's bank account
in Kentucky to recover the amount of the judgment from the
account, if his suit is successful. This is:
A. in rem jurisdiction.
B. in personam jurisdiction.
C. quasi in rem jurisdiction.
D. venue.
92. Ann contracted to draw a life portrait of Swift. The contract
was signed on December 13, 2007. A week before the work was
supposed to commence, Ann became insane. This contract
becomes unenforceable due to:
A. destruction of subject matter.
B. intervening illegality.
C. implied revocation.
D. death or insanity of either party.
93. Al hires Bob to move his furniture to his new house. On the
day of the move, Bob does not feel like moving furniture, so he
asks his friend Chuck to move the furniture. Chuck decides to
leave before completing the move in order to watch a football
game on TV. Al has to delay his move and hire another mover at
a higher price. Al wants to sue Bob to recover for his damages.
Given these facts, Al will most likely:
A. win, because Bob is still liable to Al.
B. win, because Bob's duty to Al was not delegable.
C. lose, because it was Chuck, not Al, who failed to fulfill his
duty to Al.
D. lose, because he failed to insist on Bob's performance.
25. 94. How does the presence of facts that constitute promissory
estoppel make a difference in the law of offer?
A. It makes option-type promises enforceable, even without
consideration.
B. It does away with the requirement that rejections and
revocations be communicated.
C. It makes an offer automatically revocable at any time.
D. It does away with the requirement that offers be definite.
95. The Constitutional right to privacy exists because:
A. the Constitution expressly provides this right in the Bill of
Rights.
B. the Supreme Court held that it is implicit in the Constitution.
C. the right to privacy is part of Natural Law.
D. the Founding Fathers were sensitive to the invasions of
privacy committed by the British before the Revolution.
96. An oral contract that is covered by the statute of frauds is:
A. voidable.
B. void.
C. unenforceable.
D. executory.
97. John promised the other co-owners of ship, "Sea Fairy" that
he would insure the ship for an upcoming voyage. However,
John fails to insure the ship. The ship is ship-wrecked in the
turbulent sea. The co-owners sue John for breach of contract.
Will they succeed?
A. Yes, because there was a valid and binding contract between
the co-owners.
B. No, because it was a purely gratuitous promise.
C. No, because an intervening cause absolved John's liability.
D. Yes, because of promissory estoppels.
98. Officers of the government may search and seize property
without a search warrant when:
A. the officers are not in hot pursuit of an armed suspect.
B. the officers are not conducting an administrative inspection
of a closely regulated business.
C. the officers seize an article of property that is in plain view.
26. D. co-occupant present at the time of the search objected to its
occurrence.
99. Statutes are often vague or ambiguous, because of all the
compromises needed to secure enough political support to enact
them into law. When a court must apply an ambiguous statute, it
needs a tool to discern the intent of the authors of that statute.
Such a tool is:
A. the plain meaning rule.
B. legislative history.
C. strict construction.
D. judicial restraint.
100. The president of Deal Corp. wrote to Boyd, offering to sell
the Deal factory for $300,000. The offer was sent by Deal on
June 5 and was received by Boyd on June 9. The offer stated
that it would remain open until December 20. The offer
A. constitutes an enforceable option.
B. may be revoked by Deal any time prior to Boyd's acceptance.
C. is a firm offer under the UCC but will be irrevocable for only
three months.
D. is a firm offer under the UCC because it is in writing.
101. A and B exchanged standard forms regarding the sale of
goods, but the standard forms do not agree on material terms.
Under UCC section 2-207, when will there be a contract
anyway? Assume that B did not make its acceptance conditional
on A's assent to any additional or different terms.
A. Only when A and B are merchants.
B. When B's form is a definite and seasonable expression of
acceptance.
C. When there is conduct by one party recognizing the existence
of a contract.
D. When the offer expressly limits acceptance to its own terms.
102. A void contract:
A. is a contract that one or both parties can cancel at their
convenience.
B. is a contract, even though the courts will not enforce it.
C. creates no legal obligations.
27. D. is created by operation of law rather than by the agreement
of the parties.
103. Which of the following is true about the relationship
between mutual mistake and unilateral mistake?
A. It's easier to avoid a contract on the basis of unilateral
mistake than on the basis of mutual mistake.
B. To avoid a contract on the basis of unilateral mistake, one
must prove the elements needed for mutual mistake, plus
something else.
C. Mutual mistake makes a contract void, while unilateral
mistake makes a contract voidable.
D. There's little difference between mutual mistake and
unilateral mistake; in particular, each requires the same things
to be proven.
104. Parsons, a pedestrian watching a construction project, sees
that a metal beam being lifted by a crane is about to drop on
some unsuspecting workers. Thus, he rushes to the scene to
warn the workers. For his efforts, he is struck by the falling
beam. He sues the construction company in negligence. Which
of the following is true? Assume that the falling beam was
caused by a breach of duty on the company's part.
A. Parsons will recover against the company.
B. Parsons will recover, because it is foreseeable that a
pedestrian would run onto the scene of an accident such as this.
C. Parsons will not recover, because he knowingly and
voluntarily assumed the risk of being struck by the beam.
D. Parsons will not recover, because he should have sued the
worker operating the crane.
105. Kraft Corp. published circulars containing price quotes and
a description of products which it would like to sell. Rice, a
prospective customer, demands the right to purchase one of the
products at the quoted price. Which of the following statements
is correct under general contract law?
A. Kraft must sell the product which Rice demands at the
quoted price.
B. Rice has accepted Kraft's firm offer to sell.
28. C. Kraft has made an offer.
D. Rice has made an offer.
106. Mary, a self-employed 16-year-old whose parents are dead,
buys a dress on credit for $50. After receiving the dress and
discovering that its reasonable value is only $25, Mary tries to
disaffirm the deal before paying the $50 (and while she is still
16). In this case:
A. Mary cannot disaffirm, and she is bound to pay the full $50.
B. Mary cannot disaffirm, but she is only bound to pay $25.
C. Mary can disaffirm, and she can return the dress without
paying for it.
D. Mary can disaffirm, and she can keep the dress without
paying for it.