Smith And Roberson's Business Law 16th Edition

ISBN 13
978-1285428253
ISBN 10
1285428250
Authors
Barry S. Roberts, Richard A. Mann
has exam prep Exam Prep  has homework help Homework Help
327 documents found.
676856
Exam Prep
Business Law Chapter 01 Part The Legal Environment Business Match The
ANSWER: r POINTS: 1 ANSWER: r POINTS: 1 ANSWER: r POINTS: 1 ANSWER: l POINTS: 1 ANSWER: l POINTS: 1 ANSWER: l POINTS: 1 ANSWER: s POINTS: 1 ANSWER: s POINTS: 1 ANSWER: s POINTS: 1 ANSWER: i POINTS: 1
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 02 Part Ii Contracts Match The Following Contract
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 03 Part Iii Agency Match The Following Principals
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 04 Part Iv Sales Match The Following Sequence
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 05 Part Negotiable Instruments Match The Following The
ANSWER: d POINTS: 1 ANSWER: d POINTS: 1 ANSWER: d POINTS: 1 ANSWER: c POINTS: 1 ANSWER: c POINTS: 1 ANSWER: c POINTS: 1 ANSWER: h POINTS: 1 ANSWER: h POINTS: 1 ANSWER: h POINTS: 1 ANSWER: b ANSWER:
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Exam Prep
Business Law Chapter 06 Part Vi Unincorporated Business Associations Match The
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 07 Part VII Corporations Match The Following Unsecured
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 08 Part VIII Debtor And Creditor Relations Match
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 09 Part Ix Regulation Business Match The Following
ANSWER: e POINTS: 1 ANSWER: e POINTS: 1 ANSWER: e POINTS: 1 ANSWER: i POINTS: 1 ANSWER: i POINTS: 1 ANSWER: i POINTS: 1 PART IX: REGULATION OF BUSINESS. Match the following: a. Conclusively presumed unreasonable and therefore illegal. b. Acquisition by
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 1 Ais Any Act Or Omission Prohibited By Public Law In The Interest
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 1 Homework Civil Law Not The Same Civil Law
Part One: The Legal Environment of Business CONTENTS Chapter 1 Introduction to Law Chapter 2 Business Ethics and the Social Responsibility of Business Chapter 3 Civil Dispute Resolution Chapter 4 Constitutional Law Chapter 5 Administrative Law Chapter 6 Criminal Law Chapter 7 Intentional Torts Chapter 8 Negligence and Strict Liability ETHICS QUESTIONS RAISED IN THIS PART 1. Are all laws moral?
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 1 Philosophers And Jurists Agree On A Single Definition Of Law
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 10 Homework And Here The Essential Facts Are Not
CASE 10-3 OSPREY L.L.C. v. KELLY-MOORE PAINT CO., INC. Supreme Court of Oklahoma, 1999 1999 OK 50, 984 P.2d 194 http://scholar.google.com/scholar_case?case=15066374301719252497&q=984+P.2d+194&hl=en&as_sdt=2,34 Kauger, J. [In 1977, the defendant, Kelly-Moore Paint Company, entered into a fifteen-year commercial lease with the plaintiff, Osprey, for a property in Edmond, Oklahoma. The lease contained two five-year renewal options. The lease
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Homework Help
Business Law Chapter 10 Homework Clements Acceptance January Came Too Late Bind
ANSWERS TO PROBLEMS Ames, seeking business for his lawn maintenance firm, posted the following notice in the meeting room of the Antlers, a local lodge: To the members of the AntlersSpecial this month. I will resod your lawn for two dollars per square foot using Fairway brand sod. This offer
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 10 Homework The Court Suggested That Consider 1 Whether There
Chapter 10 MUTUAL ASSENT I. Offer 3. Rejection A. Essentials of an Offer 4. Counteroffer 1. Communication 5. Death or Incompetency 2. Intent 6. Destruction of Subject Matter a. Preliminary Negotiations 7. Subsequent Illegality b. Advertisements II. Acceptance of Offer c. Auction Sales A. Communication of Acceptance 3. Definiteness 1. General Rule a. Open Terms 2. Silence as Acceptance b. Output
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 10 Irene Will Not Be Able Successfully Sue For
49. In general, which of the following will not terminate an offer? a. The death of the offeree b. The death of the offeror c. An inquiry by the offeree as to size or materials d. An acceptance that adds a material term ANSWER: c POINTS: 1 DIFFICULTY:
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Exam Prep
Business Law Chapter 10 On Tuesday Morning John Sends A Letter To Arlene Rejecting 
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 10 Part Property Match The Following Interest Land
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 11 Bettys Statement Was Misrepresentation Requisite For Fraud A
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 11 Homework Berryessa The Note Defends Against The Note
ANSWERS TO PROBLEMS 1. Anita and Barry were negotiating, and Anita's attorney prepared a long and carefully drawn contract, which was given to Barry for examination. Five days later and prior to its execution, Barry's eyes became so infected that it was impossible for him to read. Ten days thereafter
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 11 Homework I Anticipate A Starting Date Of Employment Of December 1
*** Chapter Outcome *** Identify the types of fraud and the elements that must be shown to establish the existence of each. C. FRAUD Fraud prevents agreement from being knowingly given. There are two distinct types: fraud in the execution and fraud in the inducement. Fraud in the Execution A misrepresentation that deceives
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 11 Homework Otherwise The Stronger Party A Contract Release Would
Chapter 11 CONDUCT INVALIDATING ASSENT A. Duress 1. Physical Compulsion 2. Improper Threats B. Undue Influence C. Fraud 1. Fraud in the Execution 2. Fraud in the Inducement a. False Representation b. Fact c. Materiality d. Knowledge of Falsity and Intention to Deceive e. Justifiable Reliance D. Nonfraudulent Misrepresentation E. Mistake 1. Mutual Mistake 2. Unilateral Mistake 3. Assumption of Risk of Mistake 4. Effect of Fault upon Mistake 5.
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 11 Steve Stating That Had Paid 250000 For
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 12 Consideration Can Be Present Regardless Of Whether The Parties
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Homework Help
Business Law Chapter 12 Homework After Finding Empire’s Withholding Of The Amount
CASE 12-3 NEW ENGLAND ROCK SERVICES, INC. v. EMPIRE PAVING, INC. Appellate Court of Connecticut, 1999 53 Conn App. 771, 731 A.2d 784 cert. denied, 250 Conn. 921, 738 A.2d 658 http://scholar.google.com/scholar_case? case=2815205762460431873&q=731+A.2d+784&hl=en&as_sdt=2,34 Schaller, J. The defendants, Empire Paving, Inc. (Empire), and its bonding company, American Insurance Company, doing business as Firemans Fund Insurance Company (Firemans Fund),
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Homework Help
Business Law Chapter 12 Homework Almost All Unilateral Contracts Begin As Illusory Promises
Chapter 12 CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Preexisting Public Obligation 6. Preexisting Contractual Obligation a. Modification of a Preexisting Contract b. Substituted Contracts c. Settlement of a Liquidated Debt d. Settlement of an Unliquidated Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C.
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Homework Help
Business Law Chapter 12 Homework The Restatement Takes Contrary Position Which Minority Position
ANSWERS TO PROBLEMS 1. In consideration of $1800 paid to him by Joyce, Hill gave Joyce a written option to purchase his house for $180,000 on or before April 1. Prior to April 1, Hill verbally agreed to extend the option until July 1. On May 18, Hill, known to Joyce,
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 12 Marilyn Contracted With Bravo Builders To Build An Addition
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 13 Before Granting An Injunction Enjoining A Former Employee
39. Before granting an injunction enjoining a former employee from competing in a described territory, the courts insist that the employer demonstrate that the restriction is: a. exculpatory. b. conscionable. c. necessary to protect the employers legitimate interest. d. in compliance with the states Blue Law. ANSWER: c
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Homework Help
Business Law Chapter 13 Homework Also Brady Not Entitled Recover For Extras
ANSWERS TO PROBLEMS 1. Johnson and Wilson were the principal shareholders in Matthew Corporation, located in the city of Jonesville, Wisconsin. This corporation was engaged in the business of manufacturing paper novelties, which were sold over a wide area in the Midwest. The corporation was also in the business of binding
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Homework Help
Business Law Chapter 13 Homework Pizza Contends The Arbitration Agreement Neither Procedurally
CASE 13-3 ANDERSON v. MCOSKAR ENTERPRISES, INC. Court of Appeals of Minnesota, 2006 712 N.W.2d 796 http://scholar.google.com/scholar_case?case=14986343261318628809&q=712+N.W.2d+796&hl=en&as_sdt=2,10 Shumaker, J. Respondent McOskar Enterprises, Inc. owns and operates a fitness and health club in Monticello known as Curves for Women. [Plaintiff/] Appellant Tammey J. Anderson joined the club on April 2, 2003. As part of the registration
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Homework Help
Business Law Chapter 13 Homework This Section Will Focus The First Five These
Chapter 13 ILLEGAL BARGAINS A. Violations of Statutes 1. Licensing Statutes 2. Gambling Statutes 3. Usury Statutes 4. Sunday Statutes B. Violations of Public Policy 1. Common Law Restraint of Trade a. Sale of a Business b. Employment Contracts 2. Exculpatory Clauses 3. Unconscionable Contracts 4. Torous Conduct 5. Corrupng Public Ocials C. E ect of Illegality 1. General Rule: Unenforceability 2. Excepons a. Party Withdrawing Before Performance b.
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 13 Illegal Contracts Are Unenforceable And Neither Party Can Successfully
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 14 Chicago For The Weekend The Way The
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 14 Homework Defendant Claims That The
ANSWERS TO PROBLEMS 1. Michael, a minor, operates a one-man automobile repair shop. Anderson, having heard of Michaels good work on other cars, takes her car to Michaels shop for a thorough engine overhaul. Michael, while overhauling Andersons engine, carelessly fits an unsuitable piston ring on one of the pistons, with
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Homework Help
Business Law Chapter 14 Homework Similarly The Contract Does Fall Within The
CASE 14-3 ZELNICK v. ADAMS Supreme Court of Virginia, 2002 263 Va. 601, 561 S.E.2d 711 http://scholar.google.com/scholar_case? case=13963993610436500611&q=561+S.E.2d+711+&hl=en&as_sdt=2,34 Lemons, J. In this appeal, we consider whether a contract for legal services entered into on behalf of a minor is voidable upon a plea of infancy or subject to enforcement as an implied contract for necessaries
Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 14 Homework These Requirements Are Not Met Here The
Chapter 14 CONTRACTUAL CAPACITY A. Minors 1. Liability on Contracts a. Dissaffirmance b. Ratification 2. Liability for Necessaries 3. Liability for Misrepresentation of Age 4. Liability for Tort Connected with Contract B. Incompetent Persons 1. Person Under Guardianship 2. Mental Illness or Defect C. Intoxicated Persons Cases in This Chapter Berg v. Traylor In re The Score Board, Inc. Zelnick v. Adams First State Bank of Sinai
Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 14 Who Is A Minor, Enters Into A Contract With Violet
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 15 Homework Caterpillars Main Purpose Leading Object Making The
Chapter 15 CONTRACTS IN WRITING I. Statute of Frauds A. Contracts Within the Statute of Frauds 1. Electronic Records 2. Suretyship Provision a. Original Promise b. Main Purpose Doctrine c. Promise Made to Debtor 3. Executor-Administrator Provision 4. Marriage Provision 5. Land Contract Provision 6. One-Year Provision a. The Possibility Test b. Computation of Time c. Full Performance by One Party 7. Sale of Goods a. Admission b.
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Business Law Chapter 15 Homework Consequently The Introduction Of Extrinsic Evidence Vary Alter
ANSWERS TO PROBLEMS 1. Rafferty was the principal shareholder in Continental Corporation, and, as a result, he received the lions share of Continental Corporations dividends. Continental Corporation was anxious to close an important deal for iron ore products to use in its business. A written contract was on the desk of
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Business Law Chapter 15 Homework Meyers Attention Reasonably Promptly The Purchase Order
18. Presti claims that he reached an oral agreement with Wilson by telephone in October 2013 to buy a horse for $60,000. Presti asserts that he sent Wilson a bill of sale and a postdated check, which Wilson retained. Presti also claims that Wilson told him that he wished not to
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Homework Help
Business Law Chapter 15 Homework Outcome Identify And Describe The
*** Chapter Outcome *** Identify and describe the other methods of complying with the general contract and the UCC statute of frauds provisions. Sales of Goods The UCC provides that a contract for the sale of goods (movable personal property) for the price of $500 or more is not enforceable unless there is
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 15 The Parol Evidence Rule Is An Exclusionary Rule Of Evidence
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 15 Which Of The Following Promises Does Not Have To Be Evidenced
46. Which of the following promises does not have to be evidenced by writing in order to be enforceable? a. Jones' agreement with Smith to sell his condominium for $100,000 b. Stewart's promise to work for Austin for a two-year period c. Dad's promise to the credit union that
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Business Law Chapter 16 Homework Landlord Landlords Sole Discretion Any Such Assignment Encumbrance
Chapter 16 THIRD PARTIES TO CONTRACTS A. Assignment of Rights 1. Law Governing Assignments 2. Requirements of an Assignment a. Revocability of Assignments b. Partial Assignments 3. Rights that Are Assignable 4. Rights that Are Not Assignable a. Assignments That Materially Increase the Duty, Risk, or Burden b. Assignments of Personal Rights c. Express Prohibition against Assignment d. Assignments Prohibited by
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Business Law Chapter 16 Homework Port Its Contract With Crosetti To Make Gift
ANSWERS TO PROBLEMS 1. On December 1, Euphonia, a famous singer, contracted with Boito to sing at Boito's theater on December 31 for a fee of $45,000 to be paid immediately after the performance. (a) Euphonia, for value received, assigns this fee to Carter. (b) Euphonia, for value received, assigns this contract
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Business Law Chapter 16 Homework Third Party Beneficiary Contracts Intended Beneficiary A Third Party Intended
*** Chapter Outcome *** Identify those situations in which a delegation of duties is not permitted. B. DELEGATION OF DUTIES Delegable Duties Most contract duties may be delegated except when: the nature of the duties are personal in that the obligee has a substantial interest in having only the delegator perform the contract;
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Exam Prep
Business Law Chapter 16 Only The Assignee Has A Right To The Obligor’s Performance
DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: Moderate SRBL.MANN.15. 16.02 - 16.02 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Assignment of Rights Blooms: Application DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: Moderate SRBL.MANN.15. 16.02 - 16.02 United States -
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Exam Prep
Business Law Chapter 16 The Voluntary Transfer Of A Contractual Right To A Third Party
46. The voluntary transfer of a contractual right to a third party is known as a(n): a. implied warranty. b. assignment. c. delegation. d. novation. ANSWER: b POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 16.01 - 16.01 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United
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Business Law Chapter 17 Homework Contracts A New Contract Accepted Both Parties Satisfaction
Chapter 17 PERFORMANCE, BREACH AND DISCHARGE A. Conditions 1. Express Conditions a. Satisfaction of a Contracting Party b. Satisfaction of a Third Party 2. Implied-in-Fact Conditions 3. Implied-in-Law Conditions 4. Concurrent Conditions 5. Conditions Precedent 6. Conditions Subsequent B. Discharge by Performance C. Discharge by Breach 1. Material Breach a. Prevention of Performance b. Perfect Tender Rule 2. Substantial Performance 3. Anticipatory Repudiation 4. Material Alteration of Written
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Business Law Chapter 17 Homework While The Delay May Have Been Irritating
ANSWERS TO PROBLEMS ANSWERS TO PROBLEMS ANSWERS TO PROBLEMS 1. A1 Roofing Co. entered into a written contract with Jaffe to put a new roof on the latters residence for $1,800, using a specified type of roofing, and to complete the job without unreasonable delay. A1 undertook the work within
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 17 The Notification Requirement Condition Precedent To The Insurance
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 17 Which Of The Following Is/are Correct With Regard To Conditions
KEYWORDS: Blooms: Application ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 17.04 - 17.04 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States - NC - AICPA BB-Legal TOPICS: A-Head: Discharge by Agreement of the Parties KEYWORDS: Blooms: Application ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING
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Exam Prep
Business Law Chapter 18 An Employee’s Promise Of Providing Ordinary Personal Services
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 18 Homework Berry Mans Apartment Complex Then Filed Suit Claiming
ANSWERS TO PROBLEMS 1. Edward, a candy manufacturer, contracted to buy 1,000 barrels of sugar from Marcia. Marcia failed to deliver and Edward was unable to buy any sugar in the market. As a direct consequence he was unable to make candies to fulfill unusually lucrative contracts for the Christmas trade.
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Business Law Chapter 18 Homework Craig Were Undertaken With Actual Knowledge That The
Chapter 18 CONTRACT REMEDIES A. Interests Protected by Contract Remedies B. Monetary Damages 1. Compensatory Damages a. Loss of Value b. Cost Avoided c. Incidental Damages d. Consequential Damages 2. Nominal Damages 3 Reliance Damages 4. Damages for Misrepresentation a. Fraud b. Nonfraudulent Misrepresentation 5. Punitive Damages 6. Liquidated Damages 7. Limitations on Damages a. Foreseeability of Damages b. Certainty of Damages c. Mitigation of Damages C.
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Business Law Chapter 18 Homework Performance A Remedy Requiring The Breaching Party
CASE 18-3 REAL ESTATE ANALYTICS, LLC v. VALLAS Court of Appeal, Fourth District, Division 1, California, 2008 160 Cal.App.4th 463, 72 Cal.Rptr.3d 835, review denied 2008 http://scholar.google.com/scholar_case?case=16761955053572987435&q=72+cal.rptr.3d+835&hl=en&as_sdt=2,34 Haller, J. Real Estate Analytics, LLC (REA) is a limited liability company formed by Troy Shadian. In January 2004, Shadian and his business partner, Roshan Bhakta, became interested in [Theodore
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Business Law Chapter 18 Which Of The Following Is Correct With Respect To Election Of Remedies
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
Smith And Roberson's Business Law 16th Edition
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Exam Prep
Business Law Chapter 19 Acting Within The Scope Of Authority Granted By The Principal
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 19 Homework Dr Gaddy Also Made Plumbing Repairs The
*** Chapter Outcome *** List and explain the duties owed by an agent to her principal. C. DUTIES OF AGENT TO PRINCIPAL The duties are usually defined in the contract. Other duties are imposed by law, unless the parties agree otherwise. An agent is a fiduciary (a person in a position of trust and
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Business Law Chapter 19 Homework Sierra Pacific Industries Purchased Various Areas Timber
ANSWERS TO PROBLEMS 1. Parker, the owner of certain unimproved real estate in Chicago, employed Adams, a real estate agent, to sell the property for a price of $250,000 or more and agreed to pay Adams a commission of 6 percent for making a sale. Adams negotiated with Turner, who was
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Business Law Chapter 19 Homework The Person Who Engages An Independent Contractor
Part Three: Agency CONTENTS Chapter 19.............................................................................................Relationship of Principal and Agent Chapter 20.....................................................................................................Relationship with Third Parties ETHICS QUESTIONS RAISED IN THIS PART 1. Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the
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Exam Prep
Business Law Chapter 19 The Duty Of Requires The Agent To Act In The Principal’s Affairs
KEYWORDS: Blooms: Analysis ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 19.05 - 19.05 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States - NC - AICPA BB-Legal TOPICS: A-Head: Termination of Agency KEYWORDS: Blooms: Analysis ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 19.05
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Business Law Chapter 2 Ethics Can Be Broadly Defined As The Study Of What Is Good
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 2 Homework Alice Out For Training With Brad West
ANSWERS TO PROBLEMS 1. You have an employee who has a chemical imbalance in the brain that causes him to be severely unstable. The medication that is available to deal with this schizophrenic condition is extremely powerful and decreases the taker's life span by one to two years for every
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Business Law Chapter 2 Homework Ceo But One Had Told Him That Finding
Chapter 2 BUSINESS ETHICS AND THE SOCIAL RESPONSIBILITY OF BUSINESS A. Law versus Ethics D. Ethical Responsibilities of Business B. Ethical Theories 1. Regulation of Business 1. Ethical Fundamentalism 2. Corporate Governance 2. Ethical Relativism 3. Arguments against Social Responsibility 3. Utilitarianism a. Profitability 4. Deontology b. Unfairness 5. Social Ethics Theories c. Accountability 6. Other Theories d. Expertise C.
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Business Law Chapter 2 Homework Computers Modems Video Cameras Faxes Copiers
CASE Oliver Winery, Inc. BACKGROUND Paul Oliver, Sr., immigrated to the United States in 1930 from Greece. After working for several wineries, he started Oliver Winery, Inc., which eventually found a market niche in nonvarietal jug wines. Through mass-marketing techniques, the company established a substantial presence in this segment of the market. Ten
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Business Law Chapter 2 Homework Now, Let’s Discuss The Acquisition Plan
CASE Vulcan, Inc. THE COMPANY Vulcan, Inc. is a multinational Fortune 200 company engaging principally in the exploration for and extraction of minerals. It is listed on the New York Stock Exchange and has more than 615 million shares outstanding. THE MEETING (MARCH 7) On March 5, Stewart Myer, the companys CEO, personally telephoned Martha
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Business Law Chapter 2 Neal The Young Likable Optimistic And Generous
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Business Law Chapter 20 Authority That Is Not Found In The Express Or Explicit
47. Authority that is not found in the express or explicit words of the principal, but that is inferred from the words is known as: a. apparent authority. b. indirect authority. c. delegated authority. d. None of these. ANSWER: d POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 20.01
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Business Law Chapter 20 Homework David That The Full Balance Owed Would Eventually
ANSWERS TO PROBLEMS 1. Alice was Peters traveling salesperson and was authorized to collect accounts. Before the agreed termination of the agency, Peter wrongfully discharged Alice. Peter did not notify anyone of Alices termination. Alice then called on Tom, an old customer, and collected an account from Tom. She also called
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Business Law Chapter 20 Homework Independent Contractors The General Rule That
CASE 20-3 CONNES v. MOLALLA TRANSPORT SYSTEM, INC. Supreme Court of Colorado, 1992 831 P.2d 1316 http://scholar.google.com/scholar_case?case=2485973325983137183&q=831+P.2d+1316&hl=en&as_sclt=2,34 Quinn, J. [Terry Taylor was an employee of Molalla Transport. In hiring Taylor, Molalla followed its standard hiring procedure, which includes a personal interview with each applicant and requires the applicant to fill out an extensive job application form
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Business Law Chapter 20 Homework Zuchristian The Director Data Center Operations John
Chapter 20 RELATIONSHIP WITH THIRD PARTIES I. Relationship of Principal and Third Persons A. Contract Liability of the Principal 1. Types of Authority a. Actual Express Authority b. Actual Implied Authority c. Apparent Authority 2. Delegation of Authority 3. Effect of Termination of Agency on Authority a. Second Restatement b. Third Restatement 4. Ratification a. Requirements of Ratification b. Effect of Ratification 5.
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Business Law Chapter 20 Roy Is The Promoter Of A New Corporation That Has Not Yet 
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Business Law Chapter 21 Homework Additionally Two Years Time Was Unreasonable Length
ANSWERS TO PROBLEMS 1. Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Answer: Contractual
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Business Law Chapter 21 Homework Although There Little Dispute That Carpets Are Goods
Part Four: Sales CONTENTS Chapter 21 Introduction to Sales and Leases Chapter 22 Performance Chapter 23 Transfer of Title and Risk of Loss Chapter 24 Products Liability: Warranties and Strict Liability in Tort Chapter 25 Sales Remedies ETHICS QUESTIONS RAISED IN THIS PART 1. The Code establishes two overriding regulatory requirements on all sales transactionsunconscionability and good faith.
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Business Law Chapter 21 Homework As To Contract Formation Under 2207 There Are
II. FORMATION OF SALES & LEASE CONTRACTS The Code will strive to recognize a contract if the intent of the parties is consistent with such a conclusion. *** Chapter Outcome *** Compare and contrast the manifestation of mutual assent under both the common law and under Article 2. A. MANIFESTATION OF MUTUAL ASSENT Definiteness of
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Business Law Chapter 21 Sales Transactions Were Completely Governed By General Contract Law
KEYWORDS: Blooms: Knowledge ANSWER: False POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 21.04 - 21.04 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis KEYWORDS: Blooms: Knowledge ANSWER: False POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 21.04 - 21.04 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis KEYWORDS: Blooms: Knowledge ANSWER:
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Business Law Chapter 21 The Modified Contract Unenforceable B The Modified Contract
37. Richard owns and operates a small business at an outdoor market where he sells fruits and vegetables. What does the UCC specifically require of Richard with respect to his customers? a. Observance of reasonable commercial standards of fair dealing b. That he treat them all alike. c. A
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Business Law Chapter 22 A Buyer In Atlanta Enters Into A Sales Contract With A Seller
39. A buyer in Atlanta enters into a sales contract with a seller in Chicago. If the contract does not mention the place for delivery of the goods, the place of delivery will be: a. at the seller's business or residence in Chicago. b. as stated in all destination
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Business Law Chapter 22 A Merchant Buyer Of Goods Receives Nonconforming Goods
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Business Law Chapter 22 Homework Cooperation Where One Partys Cooperation Necessary The Agreed
*** Chapter Outcome *** Explain what constitutes acceptance by the buyer and the buyers right to revoke acceptance. Acceptance Acceptance of goods means a willingness by the buyer to become the owner of the goods tendered or delivered to him by the seller. Acceptance occurs when the buyer, after a reasonable opportunity to
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Business Law Chapter 22 Homework Oil Entered Into Written Contract With
ANSWERS TO PROBLEMS 1. Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie that she rejected the machine. She continued to use
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Business Law Chapter 22 Homework Where The Buyer Rejects Nonconforming Tender Which
Chapter 22 PERFORMANCE A. Performance by the Seller 1. Time and Manner of Tender 2. Place of Tender a. Shipment Contracts b. Destination Contracts c. Goods Held by Bailee 3. Perfect Tender Rule a. Agreement by the Parties b. Cure by the Seller c. Installment Contracts B. Performance by the Buyer 1. Inspection 2. Rejection 3. Acceptance 4. Revocation of Acceptance 5. Obligation of Payment C. Obligations of
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Business Law Chapter 23 Homework Possession Bailee Where Bailee Has Possession The Goods
B. RISK OF LOSS Losses are borne by either the seller, the buyer or both when goods have been damaged, destroyed, or lost without the fault of either the seller or the buyer. If the loss is placed on the buyer, he is under a duty to pay the price
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Business Law Chapter 23 Homework Section 25092 The Facts Not Indicate
ANSWERS TO PROBLEMS 1 Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Steins tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1
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Business Law Chapter 23 Homework The Question Then Becomes What Right Should The
Chapter 23 TRANSFER OF TITLE AND RISK OF LOSS A. Transfer of Title 1. Identification a. Insurable Interest b. Security Interest 2. Passage of Title a. Physical Movement of the Goods b. No Movement of the Goods 3. Power to Transfer Title a. Void and Voidable Title to Goods b. Entrusting of Goods to a Merchant B. Risk of Loss 1. Risk
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Business Law Chapter 23 Identified Goods Can Pass Whenever The Parties Agree
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Business Law Chapter 23 When Negotiable Nonnegotiable Document Title Tendered The
42. Although he knows the ring is really valuable, Alex tells Mona her ring contains artificial gems, but he would be willing to buy it for $50. Mona agrees. Alex quickly takes the ring to Hannas Antique Jewelry Shop and sells it for $1,000. A month later, Mona sees
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Business Law Chapter 24 Homework Chesterfields Were Also Advertised As Being Manufactured With
17. Mrs. Embs went into Stampers Cash Market to buy soft drinks for her children. She had removed five bottles from an upright soft drink cooler, placed them in a carton, and turned to move away from the display when a bottle of Seven-Up in a carton at her feet
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Business Law Chapter 24 Homework Moreover, Lack Of Privity Is Not A Defense To A Cause Of Action
ANSWERS TO PROBLEMS 1. At the start of the social season, Aunt Lavinia purchased a hula skirt in Sadies dress shop. The salesperson told her, This superior garment will do things for a person. Aunt Lavinias houseguest, her niece, Florabelle, asked and obtained her aunts permission to wear the skirt to
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Business Law Chapter 24 Homework Period That The Neo Synephrine Container Included Doses
II. STRICT LIABILITY IN TORT Section 402A of the Restatement, Second, of Torts imposes strict liability in tort on merchant sellers for both personal injuries and property damage that result from selling a product in a defective condition, which makes the product unreasonably dangerous to the user or consumer. Strict
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Business Law Chapter 24 Homework Products Liability Warranties And Strict Liability Torti
Chapter 24 PRODUCTS LIABILITY: WARRANTIES AND STRICT LIABILITY IN TORT I. Warranties A. Types of Warranties 1. Warranty of Title 2. Express Warranties a. Creation b. Basis of Bargain 3. Implied Warranties a. Merchantability b. Fitness for Particular Purpose B. Obstacles to Warranty Actions 1. Disclaimer of Warranties a. Express Exclusions b. Buyer's Examination or Refusal to Examine c. Federal Legislation Relating to Warranties of
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Business Law Chapter 24 The U.S. Consumer Product Safety Commission’s Estimate That
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Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 24 Which Of The Following Would Most Likely Be A Defect
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Business Law Chapter 25 Homework Company Shipped The Carload Dodd On Arrival The
ANSWERS TO QUESTIONS 1. Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and
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Business Law Chapter 25 Homework Here The District Court Found A Loss Profits
CASE 25-3 MIDWEST HATCHERY v. DOORENBOS POULTRY Court of Appeals of Iowa, 2010 783 N.W.2D 56 http://scholar.google.com/scholar_case? q=783+N.W.2d+56&hl=en&as_sdt=2,34&case=17039907567362199216&scilh=0 Zimmer, S.J. Doorenbos Poultry, Inc., is a company that keeps chickens for egg production, and sells the eggs. The company conducts its business at two barn facilities in Sioux County [Iowa]. One of the barns can house 112,000
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Business Law Chapter 25 Homework The Aggrieved Party Must Take Reasonable Measure
Chapter 25 SALES REMEDIES A. Remedies of the Seller 1. To Withhold Delivery of the Goods 2. To Stop Delivery of the Goods 3. To Identify Goods to the Contract 4. To Resell the Goods and Recover Damages 5. To Recover Damages for Nonacceptance or Repudiation 6. To Recover the Price 7. To Recover Incidental Damages 8. To Cancel the
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Business Law Chapter 25 Homework Upon Breach Of A Contract By The Buyer, The Seller Is Entitled
14. Through information provided by S-2 Yachts, Inc., the plaintiff, Barr, located a yacht to his liking at the Crows Nest marina and yacht sales company. When Barr asked the price, he was told that, although the yacht normally sold for $102,000, Crows Nest was willing to sell this particular
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Business Law Chapter 25 Upon Rightful Rejection Justifiable Revocation Acceptance The
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 25 Which Of The Following Is Correct With Respect To Consequential
42. Which of the following is correct with respect to consequential damages under the Code? a. Consequential damages include damages for destruction of a warehouse caused by the explosion of nonconforming goods. b. Consequential damages include damages for lost profits from a contract to resell goods which the seller
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Business Law Chapter 26 Homework July 2014 Provided That Fail Pay The First
ANSWERS TO PROBLEMS 1. State whether the following provisions impair or preclude negotiability, the instrument in each instance being otherwise in proper form. Answer each statement with either Negotiable or Nonnegotiable and explain why. a. A note for $2,000 payable in twenty monthly installments of $100 each that provides the following: In
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Business Law Chapter 26 Homework Then Discuss The Policy Reasons Behind Maintaining
Part Five: Negotiable Instruments CONTENTS Chapter 26 Form and Content Chapter 27 Transfer and Holder in Due Course Chapter 28 Liability of Parties Chapter 29 Bank Deposits, Collections, and Funds Transfers ETHICS QUESTIONS RAISED IN THIS PART 1. Should a customer have the right to stop payment on a check? If so, under what circumstances? Who should bear
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Exam Prep
Business Law Chapter 26 Not Satisfied Which Instance A Payable Before January
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Business Law Chapter 26 The Sum The Borrower Must Repay Uncertain
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Business Law Chapter 27 Homework Although The Restriction That Example Precedes The
Chapter 27 TRANSFER AND HOLDER IN DUE COURSE I. Transfer A. Negotiation 1. Negotiation of Bearer Paper 2. Negotiation of Order Paper a. The Impostor Rule b. The Fictitious Payee Rule 3. Negotiations Subject to Rescission B. Indorsements 1. Blank Indorsements 2. Special Indorsements 3. Restrictive Indorsements a. Indorsements for Deposit or Collection b. Indorsements in Trust c. Indorsements with Ineffective Restrictions 4. Qualified
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Business Law Chapter 27 Homework Company Now Brings An Action The Check Which
ANSWERS TO PROBLEMS 1. Roy Rand executed and delivered the following note to Sue Sims: Chicago, Illinois, June 1, 2014; I promise to pay to Sue Sims or bearer, on or before July 1, 2014, the sum of $7,000. This note is given in consideration of Simss transferring to the undersigned
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Business Law Chapter 27 Homework Fire Amp Marine Ins Co State Bank
15. Donna gives Peter a check for $3,000 in return for a desktop computer. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his bank on December 20. In the meantime, Donna has discovered that the computer
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Business Law Chapter 27 Homework This Was Neither The Typical Customer Nor The
CASE 27-4 ANY KIND CHECKS CASHED, INC. v. TALCOTT Court of Appeal of Florida, Fourth District, 2002 830 So.2d 160, 48 U.C.C. Rep.Serv.2d 800, rehearing denied http://scholar.google.com/scholar_case? case=12205265320792531036&q=830+So.2d+160&hl=en&as_sdt=2,10 Gross, J. [In the mid-1990s, D. J. Rivera, a financial advisor, sold ninety-three-year-old John G. Talcott, Jr. an investment for somewhere in the amount of $75,000. The investment
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Business Law Chapter 27 Rita Tony Hasa Claim Ownership The Check B
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Business Law Chapter 27 The Transferee Gets The Rights Of The Transferor Who Is A Holder
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Business Law Chapter 28 Homework An Agent Signs Both His Name And His Principal’s Name
Chapter 28 LIABILITY OF PARTIES I. Contractual Liability A. Signature 1. Authorized Signatures 2. Unauthorized Signatures a a. Ratification of Unauthorized Signature b. Negligence Contributing to Forged Signature B. Liability of Primary Parties 1. Makers 2. Acceptors C. Liability of Secondary Parties 1. Drawers 2. Indorsers 3. Effect of Acceptance 4. Disclaimer of Liability by Secondary Parties 5. Conditions Precedent to Liability a. Dishonor b. Notice of Dishonor b
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Business Law Chapter 28 Homework Armstrong Had Fraudulently Misrepresented The Motorboat For
ANSWERS TO PROBLEMS 1. $900.00 Smalltown, Illinois November 15, 2014 The undersigned promises to pay to the order of John Doe, Nine Hundred Dollars with interest from date of note. Payment to be made in five monthly installments of One Hundred Eighty Dollars, plus accrued interest beginning on December 1, 2014. In the
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Business Law Chapter 28 Homework Transfers Delivery Alone Have Warranties For The Immediate
CASE 28-3 DAVIS v. WATSON BROTHERS PLUMBING, INC. Court of Civil Appeals of Texas, Dallas, 1981 615 S. W.2d 844 http://scholar.google.com/scholar_case?case=16807682647541897506&hl=en&as_sdt=2&as_vis=1&oi=scholarr Akin, J. Defendant was the drawer of a check for $152.38 payable to its employee Arnett Lee. Lee, in turn, endorsed the check over to plaintiff, who operated a liquor store. After Lee endorsed
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Business Law Chapter 28 Jan Arthur Writes A $200 Check To Bruce Nole Who Indorses
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Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 28 Roberts Payroll Check Was Made Payable Quot To
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Business Law Chapter 29 Fedwire Chips And Numerous Private Wire Systems D
40. ABC Bank sent Joanne, a depositor, her January statement on January 31. Within what length of time after this date will Joanne have to examine the statement and enclosed items and notify ABC bank of any errors? a. 10 days b. 30 days c. 60 days d. 1
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Business Law Chapter 29 Homework Although It Is True That One Signed The
ANSWERS TO PROBLEMS 1. On November 9, Jane Jones writes a check for $5,000 payable to Ralph Rodgers in payment for goods to be received later in the month. Before the close of business on November 9, Jane notifies the bank by telephone to stop payment on the check. On December 19,
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Business Law Chapter 29 Homework Revised Article Provides That The Encoding Depositing
Chapter 29 BANK DEPOSITS, COLLECTIONS, AND FUNDS TRANSFERS I. Bank Deposits and Collections A. Collection of Items 1. Collecting Banks a. Duty of Care b. Duty to Act Timely c. Indorsements d. Warranties e. Final Payment 2. Payor Banks B. Relationship Between Payor Bank and Its Customer 1. Payment of an Item 2. Substitute Check 3. Stop Payment Orders 4. Bank's Right to Subrogation on Improper Payment 5.
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Business Law Chapter 29 Homework The Evidence Shows That All Bank Statements And Cancelled
CASE 29-3 Seigel v. Merrill Lynch, Pierce, Fenner & Smith, Inc. Steadman J. * * * The events giving rise to this lawsuit arose in January and February of 1997 * * * . During that time period, plainti /appellant Seigel, a Maryland resident, traveled to Atlantic City, New Jersey to gamble. While there,
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Business Law Chapter 29 If A Depositor In First Bank Takes A Check Written On Valley Bank
LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: SRBL.MANN.15. 29.01 - 29.01 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Bank Deposits and Collections Blooms: Knowledge ANSWER: False LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: SRBL.MANN.15. 29.01 - 29.01 United States - AICPA:
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Business Law Chapter 3 A Decision Of The Sixth Circuit Court Of Appeals
ANSWER: a POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15.03.02 - 03.02 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States - NC - AICPA BB-Legal TOPICS: A-Head: Jurisdiction KEYWORDS: Blooms : Analysis ANSWER: a POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15.03.02 - 03.02 NATIONAL STANDARDS:
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Business Law Chapter 3 A U.S. Court Of Appeals Is The Final Step In The Appeal Process 
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Business Law Chapter 3 Homework Congress Has Eliminated 1331 Jurisdiction Over Private Actions
Chapter 3 CIVIL DISPUTE RESOLUTION I. The Court System III. Civil Dispute Resolution A. The Federal Courts A. Civil Procedure 1. District Courts 1. The Pleadings 2. Courts of Appeals a. Complaint and Summons 3. The Supreme Court b. Responses to Complaint 4. Special Courts 2. Pretrial Procedure B. State Courts a. Judgment on Pleadings 1. Inferior Trial Courts
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Business Law Chapter 3 Homework The Judge Has The Discretion Grant Motion
III. CIVIL DISPUTE RESOLUTION The most prominent mechanism to settle disputes is judicial resolution, governed by certain rules. Civil disputes are governed by the rules of civil procedure, which we will discuss in the first part of this section. Criminal cases are governed by the rules of criminal procedure, covered
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Business Law Chapter 3 Homework Vette Sued Aetna Under Fire Insurance Policy
ANSWERS TO PROBLEMS 1. On June 15, a newspaper columnist predicted that the coast of State X would be flooded on the following September 1. Relying on this pronouncement, Gullible quit his job and sold his property at a loss so as not to be financially ruined. When the flooding
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Business Law Chapter 30 A Corporation May Not Be A Partner In A Partnership
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Business Law Chapter 30 Homework On The Death The Last Surviving Partner That Partners
I. RELATIONSHIPS AMONG PARTNERS The operation and management of a partnership involves interactions among the partners as well as their interactions with third persons. This chapter will consider both of these relationships. The first part of the chapter focuses on the rights and duties of the partners among themselves and to the
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Business Law Chapter 30 Homework S Corporations And Are Exempt From The Corporate Level
Part Six: Unincorporated Business Associations CONTENTS Chapter 30 Formation and Internal Relations of General Partnerships Chapter 31 Operation and Dissolution of General Partnerships Chapter 32 Limited Partnerships and Limited Liability Companies ETHICS QUESTIONS RAISED IN THIS PART 1. From an ethical perspective what obligations does one partner have toward her fellow partners? Are the ethical obligations
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Business Law Chapter 30 Homework Their Relationship Deteriorated The Point Which Anita Threatened
ANSWERS TO PROBLEMS 1. Lynn and Jack jointly own shares of stock of a corporation, have a joint bank account, and have purchased and own as tenants in common a piece of real estate. They share equally the dividends paid on the stock, the interest on the bank account, and the
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Business Law Chapter 30 Homework Valid Consideration For Ownership Interest Apartnership May
CASE 30-1 IN RE KEYTRONICS Supreme Court of Nebraska, 2008 274 Neb. 936, 744 N.W.2d 425 http://scholar.google.com/scholar_case?case=18315123236442947796&q=744+N.W.2d+425&hl=en&as_sdt=2,34 McCormack, J. [In 1999 King was doing business under the name of Washco as a sole proprietorship engaged in selling, installing, and servicing carwash systems and accessories. King offered to his customers the QuikPay system, a cashless vending system
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Business Law Chapter 30 Since Cromwell Obtained The Lowest Price Available
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Business Law Chapter 31 Homework Adams Believes Will Prove Less Expensive Than
ANSWERS TO PROBLEMS 1. Albert, Betty, and Carol own and operate the Roy Lumber Company. Each contributed one-third of the capital, and they share equally in the profits and losses. Their partnership agreement provides that two partners must authorize all purchases over $2,500 in advance and that only Albert is authorized
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Business Law Chapter 31 Homework Distinguish Between The Liability Of Incoming Partner
Chapter 31 OPERATION AND DISSOLUTION OF GENERAL PARTNERSHIPS I. Relationship of Partners and Partners with Third Parties A. Contracts of Partnership 1. Authority to Bind Partnership a. Actual Express Authority b. Actual Implied Authority c. Apparent Authority 2. Partnership by Estoppel B. Torts and Crimes of Partnership C. Notice to a Partner D. Liability of Incoming Partner II. Dissociation and Dissolution of
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Business Law Chapter 31 Homework Smith And Jones Are Each Charged With 30 Per Cent Or $59,400
13. Ames, Bell, and Cole were equal partners in the ABC Construction Company. Their written partnership agreement provided that the partnership would dissolve upon the death of any partner. Cole died on June 30, and his widow, Cora Cole, qualified as executor of his will. Ames and Bell wound up
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Business Law Chapter 31 Homework The Parties Stipulated Facts Regarding The Cash
CASE 31-3 HORIZON/CMS HEALTHCARE CORPORATION v. SOUTHERN OAKS HEALTH CARE, INC. Court of Appeal of Florida, Fifth District, 1999 732 So.2d 1156, petition for review denied, 744 So.2d 454 http://scholar.google.com/scholar_case?case=12151982165035491195&q=732+So. +2d+1156&hl=en&as_sdt=2,34 Goshorn, J. [Horizon is a large, publicly traded provider of both nursing homes and management for nursing homes. It wanted to expand into Osceola County, Florida, in
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Business Law Chapter 31 Homework This Section The Instructors Manual Gives Side By Side
*** Chapter Outcome *** Distinguish between the liability of an incoming partner for debts arising before his or her admission and those arising after admission. D. LIABILITY OF INCOMING PARTNER A person admitted as a partner into an existing partnership is not personally liable for any partnership obligations incurred before the persons admission
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Exam Prep
Business Law Chapter 31 In Which Of The Following Situations May A Court Order Dissolution
39. Under the UPA, dissolution by operation of law occurs: a. if a partner has been adjudicated mentally incompetent. b. upon the bankruptcy of a partner. c. when a partner has engaged in conduct prejudicial to the business. d. when the business can be carried on only at a
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Exam Prep
Business Law Chapter 31 Relationships Partners With Third Parties Blooms Application21 The
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Smith And Roberson's Business Law 16th Edition
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Business Law Chapter 32 Creation Of A Limited Partnership Does Not Require More Formalities
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Business Law Chapter 32 Homework Answers Problems1 John Palmer And Henry Morrison
ANSWERS TO PROBLEMS 1. John Palmer and Henry Morrison formed the limited partnership of Palmer & Morrison for the management of the Huntington Hotel. The limited partnership agreement provided that Palmer would contribute $400,000 and be a general partner and that Morrison would contribute $300,000 and be a limited partner. Palmer was
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Business Law Chapter 32 Homework Wyler July 1973 Wyler Signed Final Limited Partnership
Chapter 32 LIMITED PARTNERSHIPS & LIMITED LIABILITY COMPANIES A. Limited Partnerships 1. Definition 2. Formation a. Filing of Certificate b. Name c. Contributions d. Defective Formation e. Foreign Limited Partnerships 3. Rights a. Control e. Voting Rights b. Choice of Associates c. Withdrawal d. Assignment of Partnership Interestf. Profit and Loss Sharingg. Distributionsh. Loansi. Informationj. Derivative Actions4. Duties and Liabilitiesa. Dutiesb. Liabilities5. Dissolutiona. Causesb.
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Business Law Chapter 32 Homework Yet, The Members And Managers Are Protected
CASE 32-4 ESTATE OF COUNTRYMAN v. FARMERS COOP. ASSN Supreme Court of Iowa, 2004 679 N.W.2d 598 http://scholar.google.com/scholar_case?q=679+n.w.2d+598&hl=en&as_sdt=2,34&case=12820500586608385138&scilh=0 Cady, J. In the afternoon of September 6, 1999, an explosion leveled the home of Jerry Usovsky (Usovsky) in Richland, Iowa. Tragically, seven people who had gathered in the home to celebrate the Labor Day holiday died from
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Business Law Chapter 32 Which The Following Would Have Priority Distributing
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Business Law Chapter 33 A Corporation Has Perpetual Existence Unless Otherwise Stated In Its Articles
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Business Law Chapter 33 Homework Health Wins Healthcare Facility Was Located And The Furnishings
ANSWERS TO PROBLEMS 1. After part of the shares of a proposed corporation had been successfully subscribed, the promoter hired a carpenter to repair a building that was intended to be conveyed to the proposed corporation. The promoter subsequently secured subscriptions to the balance of the shares and completed the organization,
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Business Law Chapter 33 Homework Its S Rent For The Linn Station Road Property
III. RECOGNITION OR DISREGARD OF CORPORATENESS Errors or omissions in incorporation procedures may or may not cause the courts to regard an organization as a non-corporation. Conversely, even a properly formed corporation may be regarded as a non-corporation if justice requires. *** Question to Discuss *** Distinguish between statutory and common law approaches
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Business Law Chapter 33 Homework There Ample Evidence That Langs Business This
Part Seven: Corporations CONTENTS Chapter 33 Nature, Formation, and Powers Chapter 34 Financial Structure Chapter 35 Management Structure Chapter 36 Fundamental Changes ETHICS QUESTIONS RAISED IN THIS PART 1. Corporations owe their existence to the issuance of a charter by the state. Historically, both the law and society have taken a very cautious approach to corporations. However,
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Business Law Chapter 33 Whether A Corporation Is A De Facto Corporation May Be Challenged
46. Under the RMBCA, the articles of incorporation must include all EXCEPT which one of the following? a. The number of authorized shares b. The name of the registered agent c. The names of the initial shareholders d. The address of each incorporator ANSWER: c POINTS: 1 DIFFICULTY:
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Business Law Chapter 34 Homework Adividend 30 Per Share The Common Stock
ANSWERS TO PROBLEMS 1. Olympic National Agencies was organized with an authorized capitalization of preferred stock and common stock. The articles of incorporation provided for a 7 percent annual dividend for the preferred stock. The articles further stated that the preferred stock would be given priority interests in the corporations assets up to
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Business Law Chapter 34 Homework December 1911 To October 1915 Inclusive Eleven Special
III. DIVIDENDS AND OTHER DISTRIBUTIONS A. TYPES OF DIVIDENDS & OTHER DISTRIBUTIONS The Revised Act definition of a "distribution": "a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness, by a corporation to or for the benefit of any of its shareholders in respect of
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Business Law Chapter 34 Homework Delaware Corporation Consumer Products Holding Company That Owns
Chapter 34 FINANCIAL STRUCTURE I. Debt Securities A. Authority to Issue Debt Securities B. Types of Debt Securities 1. Unsecured Bonds 2. Secured Bonds 3. Income Bonds 4. Convertible Bonds 5. Callable Bonds II. Equity Securities A. Issuance of Shares 1. Authority to Issue Shares 2. Preemptive Rights 3. Amount of Consideration for Shares a. Par Value Stock b. No Par Value Stock c. Treasury Stock 4. Payment
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Exam Prep
Business Law Chapter 34 Later Discovered That The Property S True Value 2000
43. Which of the following is incorrect with regard to treasury shares? a. No dividends may be paid on treasury shares. b. They are issued but not outstanding. c. A corporation may sell treasury shares for any amount the board of directors determines, even if the shares have a
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Exam Prep
Business Law Chapter 34 Warrick Makes A $10,000 Investment In A Debenture Issued By
LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: SRBL.MANN.15. 34.01 - 34.01 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Equity Securities Blooms: Knowledge ANSWER: False LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: SRBL.MANN.15. 34.01 - 34.01 United States - AICPA: BB-Risk Analysis
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Business Law Chapter 35 Directors Have The Power To Bind The Corporation When Acting Individually
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Business Law Chapter 35 Homework November 12 1992 The Court Chancery Ordered
Chapter 35 MANAGEMENT STRUCTURE I. Corporate Governance II. Role of Shareholders A. Voting Rights of Shareholders 1. Shareholder Meetings 2. Quorum and Voting 3. Election of Directors a. Straight Voting b. Cumulative Voting 4. Removal of Directors 5. Approval of Fundamental Changes 6. Concentrations of Voting Power a. Proxiesb. Voting Trustsc. Shareholder Voting Agreements7. Restrictions on Transfer of SharesB. Enforcement Rights of
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Business Law Chapter 35 Homework Section 8304 And Comment Ucc11 Neese Trustee
ANSWERS TO PROBLEMS 1. Brown, the president and director of a corporation engaged in owning and operating a chain of motels, was advised, on what seemed to be good authority, that a superhighway was to be constructed through the town of X, which would be a most desirable location for a
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Business Law Chapter 35 Homework Such Rule Would Run Counter The Foundation Our
CASE 35-4 BREHM v. EISNER Supreme Court of Delaware, 2000 746 A.2d 244 http://scholar.google.com/scholar_case? q=746+A.2D+244+&hl=en&as_sdt=2,34&case=2721397479365362562&scilh=0 Veasey, C. J. [On October 1, 1995, Disney hired as its president Michael S. Ovitz, who was a long-time friend of Disney Chairman and CEO Michael Eisner. At the time, Ovitz was an important talent broker in Hollywood. Although he lacked experience
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Business Law Chapter 35 Homework The Board Initiates Certain Actions That Exceed Its
III. ROLE OF DIRECTORS AND OFFICERS By statute, management of a corporation is vested in the board of directors. The board determines general corporate policy and appoints offcers to execute the policy and administer the day-to-day operations of the corporation. Both directors and offcers owe certain duties to the corporation and
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Exam Prep
Business Law Chapter 35 Officers And Directors Of A Corporation Owe To The Corporation 
55. Officers and directors of a corporation owe to the corporation the subordination of their self-interest to the interest of the corporation and owe constant loyalty to the corporation. This duty is the: a. fiduciary duty. b. business judgment duty. c. duty of indemnification. d. duty of diligence.
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Exam Prep
Business Law Chapter 36 Changing The Name From OSK Camp Brown Corporation
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Business Law Chapter 36 Homework Fundamental Changes A Charter Amendments 1 Approval Directors
Chapter 36 FUNDAMENTAL CHANGES A. Charter Amendments 1. Approval by Directors and Shareholders 2. Approval by Directors B. Combinations 1. Purchase or Lease of All or Substantially All of the Assets a. Regular Course of Business b. Other Than In Regular Course of Business2. Purchase of Sharesa. Sale of Controlb. Tender Offer3. Compulsory Share Exchange4. Merger5. ConsolidationC.
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Business Law Chapter 36 Homework Similarly, Since Shares Of A Private Corporation Generally Sell
CASE 36-2 SHAWNEE TELECOM RESOURCES, INC. v. BROWN Supreme Court of Kentucky, 2011 354 S.W.3D 542 http://scholar.google.com/scholar_case? q=354+S.W.3D+542&hl=en&as_sdt=2,34&case=295706676174884700&scilh=0 Abramson, J. [In December 2003, Shawnee Technology, Inc. (Shawnee Tech), a Kentucky corporation, merged into Appellant Shawnee Telecom Resources, Inc. (Shawnee Tel), also a Kentucky corporation. The merger plan provided that one of Shawnee Techs shareholders, Kathy Brown, would
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Business Law Chapter 36 Homework Smith, While In The Course Of His Employment With The Bee
ANSWERS TO PROBLEMS 1. The stock in Hotel Management, Inc., a hotel management corporation, was divided equally between two families. For several years the two families had been unable to agree on or cooperate in the management of the corporation. As a result, no meeting of shareholders or directors had been held
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Exam Prep
Business Law Chapter 36 Shareholder Approval Of A Fundamental Change In A Corporation
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Business Law Chapter 37 A Perfected Security Interest Has Priority Over
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 37 Homework Article 9 Establishes A Complex Set Of Rules That Determine
CASE 37-2 KIMBRELLS OF SANFORD, INC. v. KPS, INC. Court of Appeals of North Carolina, 1994 113 N.C.App 830,440 S.E.2d 329 http://scholar.google.com/scholar_case?case=59507666894516031 62&hl=en&as_sdt=2&as_vis=1 i=scholarr McCrodden, J. This action arises out of plaintiffs attempt to recover from defendant KPS, Inc. a VCR which plaintiff had sold to defendant Burns and which Burns had immediately pawned at the Kendale
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Business Law Chapter 37 Homework Campbell Released The Stock And Perry Subsequently Defaulted
ANSWERS TO PROBLEMS 1. Victor sells to Bonnie a refrigerator for $600 payable in monthly installments of $30 for twenty months. Bonnie signs a security agreement granting Victor a security interest in the refrigerator. The refrigerator is installed in the kitchen of Bonnies apartment. There is no filing of any financing
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Business Law Chapter 37 Homework Then, Have Them Suggest How A Lawsuit Could Have Been Avoided
Part Eight: Debtor and Creditor Relations CONTENTS Chapter 37 Secured Transactions and Suretyship Chapter 38 Bankruptcy ETHICS QUESTIONS RAISED IN THIS PART 1. Is it ethical for a business to refuse to deal with a customer if the customer has gone through bankruptcy? 2. Is it ethical for a business or individual to discharge
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Exam Prep
Business Law Chapter 37 UCC Article 9 Applies To Secured Transactions In Which The Debtor
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Business Law Chapter 38 Edith Files A Chapter 7 Petition In Bankruptcy
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Business Law Chapter 38 Federal District Courts May Hear All Matters Collateral 
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Business Law Chapter 38 Homework In The Past Several Years 25 To 39 Percent Of Bankruptcies
Chapter 38 BANKRUPTCY I. Federal Bankruptcy Law A. Case Administration-Chapter 3 1. Commencement of the Case a. Voluntary Petitions b. Involuntary Petitions 2. Dismissal 3. Automatic Stays 4. Trustees 5. Meetings of Creditors B. Creditors, the Debtor, and the Estate-Chapter 5 1. Creditors a. Proof of Claims b. Secured and Unsecured Claims c. Priority of Claims d. Subordination of Claims 2. Debtors a. Debtor's Duties b. Debtor's Exemptions c. Discharge 3.
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Business Law Chapter 38 Homework The Phrase Amounts Reasonably Necessary Expended In
CASE 38-2 RADLAX GATEWAY HOTEL, LLC v. AMALGAMATED BANK Supreme Court of the United States, 2012 566 U.S. ____, 132 S.CT. 2065, 182 L. Ed. 2d 967 http://scholar.google.com/scholar_case?q=132+S.CT. +2065+&hl=en&as_sdt=2,34&case=15917701183349776872&scilh=0 Scalia, J. [In 2007, RadLAX Gateway Hotel, LLC and RadLAX Gateway Deck, LLC (debtors) purchased the Radisson Hotel at Los Angeles International Airport, together with an adjacent lot
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Business Law Chapter 38 Homework The Requirement Of Confirmation The Plan Intended Prevent
ANSWERS TO PROBLEMS 1. (a) Benson goes into bankruptcy. His estate is not sufficient to pay all taxes owed. Explain whether Bensons taxes are discharged by the proceedings. (b) Benson obtained property from Anderson on credit by representing that he was solvent when in fact he knew he was insolvent. Explain whether
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Exam Prep
Business Law Chapter 39 Electronic Surveillance For The Purpose Of Acquiring Trade Secrets
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Business Law Chapter 39 Homework Act Since 1952 Subject Some Exceptions The
CASE 39-3 SUPAP KIRTSAENG v. JOHN WILEY & SONS, INC. Supreme Court of the United States, 2013 568 U.S. ____, 133 S.Ct. 1351, 185 L.Ed.2d 392 http://scholar.google.com/scholar_case?case=15712401143530412161&q=133+S.Ct.+1351&hl=en&as_sdt=2,34 Breyer, J. [The business of respondent, John Wiley & Sons, Inc., includes publishing academic textbooks. Wiley often assigns to its wholly owned foreign subsidiary, Wiley Asia, rights to
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Business Law Chapter 39 Homework Crowns Duty Under This
ANSWERS TO PROBLEMS 1. Keller, a professor of legal studies at Rhodes University, is a diligent instructor. Late one night, while reading a newly published, copyrighted treatise of 1,800 pages written by Gilbert, he came across a three-page section discussing the subject matter he intended to cover in class the next
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Business Law Chapter 39 Homework Explain What Copyrights Protect And The Remedies For Infringement
Part Nine: Regulation of Business CONTENTS Chapter 39 Protection of Intellectual Property Chapter 40 Antitrust Chapter 41 Consumer Protection Chapter 42 Employment Law Chapter 43 Securities Regulation Chapter 44 Accountants' Legal Liability Chapter 45 Environmental Law Chapter 46 International Business Law ETHICS QUESTIONS RAISED IN THIS PART 1. In your opinion does government regulation work? Why or why
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Business Law Chapter 39 Which She Won’t Have Time To Write Until Next Year
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ANSWER: a POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 39.04 - 39.04 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States
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Business Law Chapter 4 Homework Case 43 Department Revenue Kentucky Davis Al United States
CASE 4-3 DEPARTMENT OF REVENUE OF KENTUCKY v. DAVIS, ET AL. United States Supreme Court, 2008 553 U.S. 328, 128 S.Ct. 1801, 170 L.Ed.2d 685 http://scholar.google.com/scholar_case?q=128+S.Ct. +1801&hl=en&as_sdt=2,34&case=15768194217522904809&scilh=0 Souter, J. Like most other States, the Commonwealth of Kentucky taxes its residents income. [Citation.] The tax is assessed on net income, which excludes interest on any State
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Business Law Chapter 4 Homework Secondary School Athletic Association Association A Not For Profit Membership
Chapter 4 CONSTITUTIONAL LAW A. Basic Principles of Constitutional Law C. Limitations On Government 1. Federalism 1. Contract Clause 2. Federal Supremacy and Preemption 2. First Amendment 3. Judicial Review a. Corporate Political Speech 4. Separation of Powers b. Commercial Speech 5. State Action c. Defamation B. Powers of Government 3. Due Process 1. Federal Commerce Power a. Substantive
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Business Law Chapter 4 Homework Thus The Power Of Congress Promote Interstate Commerce
ANSWERS TO PROBLEMS 1. In May, Patricia Allen left her car on the shoulder of a road in the city of Erehwon after the car stopped running. A member of the Erehwon police dept. came upon the car later that day and placed on it a sticker which stated that
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Business Law Chapter 4 The Bill Of Rights Was Included In The Original U.S. Constitution
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Business Law Chapter 4 Which The Following Correct With Regard
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Business Law Chapter 40 Homework Clayton Actenacted 1914 The Clayton Act Provides
CASE 40-3 EASTMAN KODAK CO. v. IMAGE TECHNICAL SERVICES, INC. Supreme Court of the United States, 1992 504 U.S. 451, 112 S.Ct. 2072, 119 L.Ed.2d 265 http://scholar.google.com/scholar_case? case=6652719385155799724&q=504+U.S.+451&hl=en&as_sdt=2,22 Blackmun, J. * * * Kodak manufactures and sells complex business machinesas relevant here, high-volume photocopier and micrographics equipment. Kodak equipment is unique; micrographic software programs that operate on Kodak
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Business Law Chapter 40 Homework Procter Amp Gamble Annually Spends More Than127
ANSWERS TO PROBLEMS 1. Discuss the validity and effect of each of the following: (a) A, B, and C, manufacturers of radios, orally agree that due to the disastrous, cutthroat competition in the market, they will establish a reasonable price to charge their purchasers. (b) A, B, C, and D, newspaper publishers, agree not
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Business Law Chapter 40 Homework When Each NFL Team Licenses Its Intellectual Property, It Is Not
Chapter 40 ANTITRUST A. Sherman Act 1. Restraint of Trade a. Standards b. Horizontal and Vertical Restraints c. Concerted Action d. Price Fixing e. Market Allocations f. Boycotts g. Tying Arrangements 2. Monopolies a. Monopolization b. Attempts to Monopolize c. Conspiracies to Monopolize B. Clayton Act 1. Tying Contracts and Exclusive Dealing 2. Mergers C. Robinson-Patman Act 1. Primary-line Injury 2. Secondary- and Tertiary-line Injury 3. Cost Justification 4. Meeting Competition D. Federal
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Exam Prep
Business Law Chapter 40 Justice Department Additional The FTCS Separate Guidelines B
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Business Law Chapter 40 The Main Goal Of Antitrust Regulation Is To Prevent Competitive
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Business Law Chapter 41 A Consumer Transaction Would Include One In Which The Purchaser Uses
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Business Law Chapter 41 Homework After The First Year Forty Five Days Advance
CASE 41-2 HOUSEHOLD CREDIT SERVICES, INC. v. PFENNIG Supreme Court of the United States, 2004 541 U.S. 232, 124 S. Ct. 1741,158 L.Ed.2d 450 http://scholar.google.com/scholar_case?case=6616956060046722608&q=541+U.S.+232&hl=en&as_sdt=2,10 Thomas, J. [Sharon Pfennig, holds a credit card initially issued by Household Credit Services, Inc. but in which MBNA America Bank, N.A., now holds an interest through the acquisition
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Business Law Chapter 41 Homework Asper Cremes Name And Its Advertisements Reasonably Suggest That
ANSWERS TO PROBLEMS 1. The Federal Trade Commission (FTC) brings a deceptive trade practice action against Beneficial Finance Company based on Beneficials use of its instant tax refund slogan. The FTC argues that Beneficials advertising a tax refund loan or instant tax refund is deceptive in that the loan is not in
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Business Law Chapter 41 Homework Federal Consumer Financial Laws The Primary Goal
Chapter 41 CONSUMER PROTECTION A. State and Federal Consumer Protection Agencies 1. State and Local Consumer Protection Agencies 2. The Federal Trade Commission a. Standards b. Remedies 3. The Consumer Product Safety Commission 4. Consumer Financial Protection Bureau 5. Other Federal Consumer Protection Agencies B. Consumer Purchases 1. Federal Warranty Protection a. Presale Disclosures b. Labeling Requirementsc. Limitation on Disclaimers2. State "Lemon
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Business Law Chapter 41 In Order For Advertising To Be Found Deceptive By The FTC
46. The Consumer Product Safety Commission: a. only has the authority to educate the public concerning product safety problems. b. uses data it gathers to set uniform product safety standards for goods such as toys and lawn mowers. c. can only make manufacturers voluntarily submit their products for testing
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Business Law Chapter 42 Homework Act Plaintiff Can State Claim For Discrimination Based
17. At Whirlpools manufacturing plant in Ohio, overhead conveyors transported household appliance components throughout the plant. A wire mesh screen was positioned below the conveyors in order to catch falling components and debris. Maintenance employees frequently had to stand on the screens to clean them. Whirlpool began installing heavier wire
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Business Law Chapter 42 Homework Jasper Started Her Employment Hussain Was Again
CASE 42-5 TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. v. WILLIAMS Supreme Court of the United States, 2002 534 U.S. 184, 122 S.Ct. 681, 151 L.Ed.2d 615 http://scholar.google.com/scholar_case?case=3382304874478067867&q=534+U.S. +184&hl=en&as_sdt=2,34 OConnor, J. Under the Americans with Disabilities Act of 1990 (ADA or Act), [citation], a physical impairment that substantially limits one or more * * * major life activities is
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Business Law Chapter 42 Homework May And June Local 705 Of The International
ANSWERS TO PROBLEMS 1. Gooddecade manufactures and sells automobile parts throughout the eastern part of the United States. Among its full-time employees are 220 fourteen- and fifteen-year-olds. These teenagers are employed throughout the company and are paid at an hourly wage rate of $3 per hour. Discuss the legality of this
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Business Law Chapter 42 Homework Seventh Circuitimaetta Vance Africanamerican Woman Began Working
Chapter 42 EMPLOYMENT LAW A. Labor Law 1. Norris-La Guardia Act 2. National Labor Relations Act 3. Labor-Management Relations Act 4. Labor-Management Reporting and Disclosure Act B. Employment Discrimination Law 1. Equal Pay Act 2. Civil Rights Act of 1964 a. Proving Discrimination b. Defenses c. Remedies d. Reverse Discrimination e. Sexual Harassment f. Comparable Worth 3. Executive Order 4. Age Discrimination in Employment Act of 1967 5.
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Business Law Chapter 42 Homework Terry Silverman Although She Spoke Their Behavior Gordon
CASE 42-3 RICCI v. DESTEFANO Supreme Court of the United States, 2009 567 U.S. 557, 129 S. Ct. 2658, 174 L.Ed.2d 490 http://scholar.google.com/scholar_case?case=8509283780298736470&q=557+U.S.+.557&hl=en&as_sdt=2,34 Kennedy. J. In 2003, 118 New Haven firefighters took examinations to qualify for promotion to the rank of lieutenant or captain. Promotion examinations in New Haven (or City) were infrequent, so the
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Business Law Chapter 42 The Norris-La Guardia Act Gave Federal Courts The Power To Issue 
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Business Law Chapter 42 Which Of The Following Are Prohibited Under Title VII Of The 1964 Civil
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Business Law Chapter 43 Disclosing That The Firm Has Discovered Oil
49. Types of securities that are exempt from registration under the federal securities laws include: a. securities of domestic banks. b. securities of a charitable organization. c. bonds issued by a city. d. All of these are exempt. ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15.43.01 -
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Business Law Chapter 43 Homework Outcome Explain The Disclosure Requirements The 1934
*** Chapter Outcome *** Discuss the potential civil liabilities under the 1933 Act. Unregistered Sales Section 12(1) of the act imposes express civil liability for the sale of an unregistered security that is required to be registered, the sale of a registered security without delivery of a prospectus, the sale
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Business Law Chapter 43 Homework Section 122 Liability Imposed Upon Any Person
ANSWERS TO PROBLEMS 1. Acme Realty, a real estate development company, is a limited partnership organized in Georgia. It is planning to develop a 200-acre parcel of land for a regional shopping center and needs to raise $1,250,000. As part of its financing, Acme plans to offer $1,250,000 worth of limited
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Business Law Chapter 43 Homework That Relationship Recognized Gives Rise Duty Disclose
CASE 43-4 UNITED STATES v. OHAGAN Supreme Court of the United States, 1997 521 U.S. 642, 117 S.Ct. 2199, 138 L.Ed.2d 724 http://scholar.google.com/scholar_case?q=117+S.CT. +2199&hl=en&as_sdt=2,34&case=287189961484150105&scilh=0 Ginsburg, J. Respondent James Herman OHagan was a partner in the law firm of Dorsey & Whitney in Minneapolis, Minnesota. In July 1988, Grand Metropolitan PLC (Grand Met), a company based in
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Business Law Chapter 43 Homework The Reform Act Sought To Prevent Abuses In Private Securities Fraud
Chapter 43 SECURITIES REGULATION I. The Securities Act of 1933 A. Definition of a Security B. Registration of Securities 1. Disclosure Requirements 2. Integrated Disclosure 3. Shelf Registrations 4. Communications 5. Emerging Growth Companies C. Exempt Securities 1. Short-term Commercial Paper 2. Other Exempt Securities D. Exempt Transactions for Issuers 1. Limited Offers a. Private Placements b. Limited Offers Not Exceeding $5 Million c. Limited Offers Not
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Business Law Chapter 43 Homework This Contextual Inquiry May Reveal Some Cases
CASE 43-3 MATRIXX INITIATIVES, INC. v. SIRACUSANO Supreme Court of the United States, 2011 563 U.S. ___, 131 S.CT. 1309, 179 L.ED.2D 398 http://scholar.google.com/scholar_case?q=131+S.+Ct. +1309&hl=en&as_sdt=2,34&case=15831619199744263593&scilh=0 Sotomayor, J. [Matrixx develops, manufactures, and markets over-the-counter pharmaceutical products. Its core brand of products is called Zicam. All of the products sold under the Zicam name are used to treat the
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Business Law Chapter 43 The Securities And Exchange Commission Can Seek Civil Injunctions 
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Business Law Chapter 44 As A Result Of The Sarbanes-Oxley Act
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Business Law Chapter 44 Homework Federal Securities Law The Sec Has Subpoenaed All
ANSWERS TO PROBLEMS 1. Baldwin Corporation made a public offering of $25 million of convertible debentures and registered the offering with the SEC. The registration statement contained financial statements certified by Adams and Allen, Certified Public Accountants. The financial statements overstated Baldwins net income and assets by 20 percent and understated
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Business Law Chapter 44 Homework Under General Contract Law, Accountants Are Not Entitled To
Chapter 44 ACCOUNTANTS LEGAL LIABILITY A. Common Law 1. Contract Liability 2. Tort Liability a. Negligence b. Fraud 3. Criminal Liability 4. Client Information a. Working Papers b. Accountant-Client Privilege B. Federal Securities Law 1. Securities Act of 1933 2. Securities Exchange Act of 1934 a. Civil Liability b. Criminal Liability c. Audit Requirements d. Sarbanes-Oxley Act Cases in This Chapter Murphy v. BDO Seidman, LLP Ernst
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Business Law Chapter 44 What Sort Of Liability Does An Accountant Have Under 
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Business Law Chapter 45 Although In Recent Years Certain Developed Countries
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Business Law Chapter 45 Homework Air Act Fifteen Months After The Petitions
Chapter 45 ENVIRONMENTAL LAW I. Common Law Actions for Environmental Damage A. Nuisance 1. Private Nuisance 2. Public Nuisance B. Trespass to Land C. Strict Liability for Abnormally Dangerous Activities D. Problems Common to Private Causes of Action II. Federal Regulation of the Environment A. National Environmental Policy Act 1. Council on Environmental Quality 2. Environmental Impact
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Business Law Chapter 45 Homework Amendments Divided Pollutants Into Three Categories
*** Chapter Outcome*** Explain the regulation of both point and nonpoint sources of pollution by the Clean Water Act. Point Sources The EPA administrator establishes euent limitations for categories of existing point sources. An euent limitation is a technology-based standard that limits the amount of a pollutant that a point source may discharge into
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Business Law Chapter 45 Homework The EPA Based Its Decision On The Belief That The Clean
ANSWERS TO PROBLEMS 1. Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant. The lower court found that the plant constituted a nuisance and granted temporary damages but refused
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Business Law Chapter 45 Sally And The Economic Upturn Lost Own E B Consider
37. Because private causes of action have proved to be adequate to recompense and prevent environmental damage, the federal, state, and local governments have chosen to create few statutes designed to protect the environment. a. True b. False ANSWER: False POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15. 45.01
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Business Law Chapter 46 Homework It Generally Cannot Be Enforced Because International 
Chapter 46 INTERNATIONAL BUSINESS LAW A. The International Environment 1. International Court of Justice 2. Regional Trade Communities a. European Union b. NAFTA 3. International Treaties B. Jurisdiction Over Actions of Foreign Governments 1. Sovereign Immunity 2. Act of State Doctrine 3. Taking of Foreign Investment Property C. Transacting Business Abroad 1. Flow of Trade 2. Flow of Labor 3. Flow of Capital 4. International Contracts a.
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Business Law Chapter 46 Homework States Recover The Balance The Payments Due
ANSWERS TO PROBLEMS 1. Three banks that are wholly owned by the Republic of Costa Rica had issued promissory notes, payable in U.S. dollars in New York City. The notes are now in default due solely to actions of the Costa Rican government, which had suspended all payments of external debt because of
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Business Law Chapter 46 How Does A Distributor Differ From An Agent
44. How does a distributor differ from an agent? a. The agent pays royalties to the multinational enterprise. b. The distributorship shares profits with the multinational enterprise. c. The distributor takes title to the merchandise it receives and thereby bears many of the risks connected with commercial sales.
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Business Law Chapter 46 The International Monetary Fund Was Established In 1945 To Promote 
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Business Law Chapter 47 Clara Receives A Telephone Call From Her Aunt Mary In Which Mary 
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Business Law Chapter 47 Homework A Friendly Fire Is One Contained In Its Intended Location
II. PROPERTY INSURANCE The insurance industry is huge and old, with origins possibly dating as far back as 1300 in Europe, when ships cargoes began to be insured. Today, insurance sales of all kinds fiourish because individuals want to lessen their risk of loss. This desire to avoid loss, however, sometimes
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Business Law Chapter 47 Homework Here However Sewall Retained Possession The Keys
20. Donna drove an automobile into Terrys garage and requested him to make repairs for which the charge would be $125. Donna, however, never returned to get the automobile. Two months later, Carla saw the automobile in Terrys garage and claimed it as her own, asserting that it had been stolen
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Business Law Chapter 47 Homework Real Property Fixtures The Residence Barn Fence Windmill
ANSWERS TO PROBLEMS 1. In January, Roger Burke loaned his favorite nephew, Jimmy White, his valuable Picasso painting. Knowing that Jimmy would celebrate his twenty-first birthday on May 15, Burke sent a letter to Jimmy on April 14 stating: Dear Jimmy, Tomorrow I leave on my annual trip to Europe, and I want
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Business Law Chapter 47 Homework The Metal Posts For The Fence Were
Part Ten: Property CONTENTS Chapter 47 Introduction to Property, Property Insurance, Bailments, and Documents of Title Chapter 48 Interests in Real Property Chapter 49 Transfer and Control of Real Property Chapter 50 Trusts and Decedents Estates ETHICS QUESTIONS RAISED IN THIS PART 1. Under what circumstances should an insurance company be able to deny coverage to a
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Business Law Chapter 47 No Because The Limitation Was Not Communicated
49. The Constitution protects against taking of property: a. by a corporation. b. without notice. c. for public use. d. without due process. ANSWER: d POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: SRBL.MANN.15.47.01 - 47.01 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States -
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Business Law Chapter 48 A Possessory Interest In Real Property Is Called An Estate
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Business Law Chapter 48 Bob Dies Does Shea No Goes Bobs
43. The characteristics of a qualified or base fee estate include(s) that: a. it is possible to convey or will property to a person to enjoy absolutely, subject to its being taken away at a later date should a certain event occur. b. a holder of a qualified fee
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Business Law Chapter 48 Homework Outcome Explain The Primary Rights And Obligations
Chapter 48 INTERESTS IN REAL PROPERTY A. Freehold Estates 1. Fee Estates a. Fee Simple Estate b. Qualified or Base Fee Estate 2. Life Estates 3. Future Interests a. Reversions b. Remainders B. Leasehold Estates 1. Creation and Duration a. Definite Term b. Periodic Tenancy c. Tenancy at Will d. Tenancy at Sufferance 2. Transfer of Interests a. Transfers by Landlord b. Transfer by Tenant 3. Tenant's Obligations a. Destruction
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Business Law Chapter 48 Homework Pace Judicial Construction The Statute Has Developed That
ANSWERS TO PROBLEMS 1. Kirkland conveyed a farm to Sandler to have and to hold for and during his life and on Sandlers death to Rubin. Some years thereafter, oil was discovered in the vicinity. Sandler thereupon made an oil and gas lease, and the oil company set up its machinery
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Business Law Chapter 48 Homework The Security National Bank Snb Was Nominated
CASE 48-2 TUCKER v. HAYFORD Washington Court of Appeals, Division 3, 2003 118 Wash App. 246, 75 P.3d 980 http://scholar.google.com/scholar_case?case=4713939053717898068&hl=en&as_sdt=2&as_vis=1&oi=scholar Sweeney, J. We again note that a claim for personal injuries by a tenant can be premised on three distinct legal theories: contract (a rental agreement), common law obligations imposed on a landlord, and the Washington Residential
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Business Law Chapter 49 Homework A Settlor Who Believes That A Beneficiary Cannot
Chapter 49 TRANSFER AND CONTROL OF REAL PROPERTY I. Transfer of Real Property A. Contract of Sale 1. Formation 2. Marketable Title 3. Implied Warranty of Habitability B. Deeds 1. Types of Deeds a. Warranty b. Special Warranty c c. Quitclaim 2. Formal Requirements d a. Description of the Land e b. Quantity of the Estate f c. Covenants of Title g d. Execution 3. Delivery of
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Business Law Chapter 49 Homework Ii Public And Private Controlsa Zoningis The
II. PUBLIC AND PRIVATE CONTROLS A. ZONING Is the principal method of public control over land use. The validity of zoning is rooted in the police power of the state, which is the inherent power of the government to provide for the public health, safety, morals, and welfare. Police power
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Business Law Chapter 49 Homework Parramore Parramore 371 So2d 123ctapp Fl 197810
ANSWERS TO PROBLEMS 1. Arthur was the father of Bridgette, Clay, and Dana and the owner of Redacre, Blackacre, and Greenacre. Arthur made and executed a warranty deed conveying Redacre to Bridgette. The deed provided that this deed shall become effective only on the death of the grantor. Arthur retained possession of
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Business Law Chapter 49 If Stan’s Land Is Condemned In Order To Build A Subway 
ANSWER: POINTS: DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: c 1 Moderate SRBL.MANN.15.49.04 - 49.04 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Public and Private Controls Blooms: Analysis ANSWER: POINTS: DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: c 1
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Business Law Chapter 49 The Debtor Who Grants Mortgage The Mortgagee A
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Business Law Chapter 5 Act The Individuals About Whom Information Has
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Business Law Chapter 5 Administrative Law Is The Branch Of Private Law Created By Agencies
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Business Law Chapter 5 Homework Commissions Indecency Test Because The 2003 Broad Cast Involved
CASE 5-3 SACKETT v. ENVIRONMENTAL PROTECTION AGENCY Supreme Court of the United States, 2012 566 U.S. ___, 132 S.CT. 1367, 182 L.Ed.2d 367 http://scholar.google.com/scholar_case?q=132+S.CT. +1367&hl=en&as_sdt=2,34&case=13663798285804514473&scilh=0 Scalia, J. [The Clean Water Act (Act) prohibits the discharge of any pollutant by any person, without a permit, into the navigable waters, which the Act defines as the waters of the
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Business Law Chapter 5 Homework Informal Procedures Which Include Advising Negotiating And Settling
Chapter 5 ADMINISTRATIVE LAW A. Operation of Administrative Agencies 1. Judicial Review 1. Rulemaking a. General Requirements a. Legislative Rules b. Questions of Law b. Interpretive Rules c. Questions of Fact c. Procedural Rules 2. Legislative Control 2. Enforcement 3. Executive Branch Control 3. Adjudication 4. Disclosure of Information B. Limits on Administrative Agencies a. Freedom of Information Act b.
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Business Law Chapter 5 Homework The Secretary Has Delegated Authority Promulgate Safety Standards
ANSWERS TO PROBLEMS 1. In 1942, Congress passed the Emergency Price Control Act in the interest of national defense and security. The stated purpose of the Act was to stabilize prices and to prevent speculative, unwarranted and abnormal increases in prices and rents.... The Act established the Office of Price Administration,
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Business Law Chapter 50 A Trust Can Only Be Created By A Written Document
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Business Law Chapter 50 Dans Parent Will Get One Half The Estate
ANSWER: POINTS: DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: a 1 Moderate SRBL.MANN.15. 50.01 - 50.01 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Trusts Blooms: Analysis ANSWER: POINTS: DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: a 1 Moderate SRBL.MANN.15.
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Business Law Chapter 50 Homework The Trustee Has Duty Make The Trustproperty
Chapter 50 TRUSTS AND DECEDENTS ESTATES I. Trusts A. Types of Trusts 1. Express Trusts a. Testamentary Trusts b. Inter Vivos Trusts c. Charitable Trusts d. Spendthrift Trusts e. Totten Trusts 2. Implied Trusts a. Constructive Trusts b. Resulting Trusts B. Creation of Trusts 1. Settlor 2. Trust Corpus or Property 3. Trustee a. Duties of the Trustee b. Powers of the Trustee c. Allocation of Principal and Income 4.
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Business Law Chapter 50 Homework These Witnesses Either Did Not See Blanton Until After
CASE 50-3 PRINE v. BLANTON Supreme Court of Georgia, 2012 290 GA. 307, 720 S.E.2D 600 http://scholar.google.com/scholar_case? q=Testamentary+Capacity+and+Power+&hl=en&as_sdt=2,34&as_ylo=2011&case=9029015898403998192&scil h=0 Hunstein, J [Debra Prine challenged the validity of her father's will on the grounds that he lacked testamentary capacity and was operating under undue influence. Testator Melvin H. Blanton's 1990 will and family trust divided the majority
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Business Law Chapter 50 Homework This The Rule The
ANSWERS TO PROBLEMS 1. State whether or not a trust is created in each of the following situations: (a) A declares herself trustee of the bulk of my securities in trust for B. (b) A, the owner of Blackacre, purports to convey to B in trust for C a small part of Blackacre. (c)
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Business Law Chapter 6 Homework Bribery Contrast Is The Offering Money Property Public
*** Chapter Outcome*** List and define the oenses against business. C. CRIMES AGAINST BUSINESS In the United States, crimes against business property amount to losses in the hundreds of billions of dollars each year. In this section, you will learn about several serious property crimes: (1) larceny, (2) embezzlement, (3) false pretenses, (4)
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Business Law Chapter 6 Homework David S Lawyer Fbi Agent Arranged Have The Two
ANSWERS TO PROBLEMS 1. Sam said to Carol, Kim is going to sell me a good used car next Monday and then Ill deliver it to you in exchange for your computer, but Id like to have the computer now. Relying on this statement, Carol delivered the computer to Sam. Sam
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Business Law Chapter 6 Homework Legislature Declared Enacting Section 1203044 Major Economic
Chapter 6 CRIMINAL LAW A. Nature of Crimes 5. Burglary 1. Essential Elements 6. Extortion and Bribery 2. Classification 7. Forgery 3. Vicarious Liability 8 Bad Checks 4. Liability of the Corporation D. Defenses to Crimes B. White-Collar Crime 1. Defense of Person or Property 1. Computer Crime 2. Duress 2. Racketeer Influenced and 3. Mistake of Fact Corrupt Organizations
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Business Law Chapter 6 Liability Without Fault Where Requisite Mental State
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676832
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Business Law Chapter 6 The Plaintiff Must Prove The Case By A Preponderance Of The Evidence
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Business Law Chapter 7 Disparagement Differs From Defamation In That Defamation
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Business Law Chapter 7 Homework Laws Aimed Attorneys Fees For Example Laws
Chapter 7 INTENTIONAL TORTS A. Intent 3. Misuse of Legal Procedure B. Harm to the Person D. Harm to Property 1. Battery 1. Real Property 2. Assault a. Trespass 3. False Imprisonment b. Nuisance 4. Infliction of Emotional Distress 2. Personal Property C. Harm to Right of Dignity a. Trespass 1. Defamation b. Conversion a. Elements of Defamation E. Harm
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Business Law Chapter 7 Homework Nader But This Cannot Regarded Invasion His
ANSWERS TO PROBLEMS 1. The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backwards, knocking Robin down. Robin's leg is broken in the fall, and he cries out, Holy broken bat bones! My leg is broken. Who, if anyone, is liable to Robin? Why? Answer: Battery.
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Business Law Chapter 7 Homework The Source This Formulation Prosser Privacy
CASE 7-3 FRANK B. HALL & CO., INC. v. BUCK Court of Appeals of Texas, Fourteenth District, 1984 678 S.W.2d 612, cert. denied, 472 U.S. 1009, 105 S.Ct. 2704, 86 L.Ed.2d 720 (1985) http://scholar.google.com/scholar_case? q=678+S.W.2d+612&hl=en&as_sdt=2,34&case=17495651340574040653&scilh=0 Junell, J. [On June 1, 1976, Larry W. Buck, an established salesman in the insurance business, began working for Frank B.
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Business Law Chapter 7 The Judge Sues The Judge Will Have
51. Defenses to intentional torts include: a. self-defense and consent. b. defense of others and consent. c. self-defense and defense of property. d. All of these are valid defenses. ANSWER: d POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 07.01 - 07.01 NATIONAL STANDARDS: United States - AICPA: BB-Risk
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Business Law Chapter 8 A Blind Person Will Be Held To The Standard Of Care Of A Reasonable
DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: Easy SRBL.MANN.15. 08.02 - 08.02 United States - AICPA: BB-Risk Analysis United States - NC - AICPA BB-Legal A-Head: Negligence Blooms: Knowledge DIFFICULTY: LEARNING OBJECTIVES: NATIONAL STANDARDS: STATE STANDARDS: TOPICS: KEYWORDS: Easy SRBL.MANN.15. 08.02 - 08.02 United States - AICPA: BB-Risk
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Business Law Chapter 8 An Action For Negligence Consists Of Five Elements
53. An action for negligence consists of five elements, each of which the plaintiff must prove. These elements include: a. harm. b. res ipsa loquitur. c. a reasonable person. d. All of these. ANSWER: a POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 08.01 - 08.01 NATIONAL STANDARDS: United
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Business Law Chapter 8 Homework If There Was A Wrong To Him At All, Which May Very
CASE 8-3 PALSGRAF v. LONG ISLAND RAILROAD CO. Court of Appeals of New York, 1928 248 N.Y. 339, 162 N.E. 99 http://www.nycourts.gov/reporter/archives/palsgraf_lirr.htm Cardozo, C. J. Plaintiff was standing on a platform of defendants railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two
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Business Law Chapter 8 Homework Owners And Possessors Domestic Animals Are Subject Strict
ANSWERS TO PROBLEMS 1. A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right of way from being hit by trains. B & A Railroad Co. fails to fence its tracks. Two of Calvin's cows wander onto the track. Nellie
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Business Law Chapter 8 Homework The Extent The Burden The Defendant Was
Chapter 8 NEGLIGENCE AND STRICT LIABILITY I. Negligence 1. Scope of Liability (Proximate Cause) A. Breach of Duty of Care 2. Foreseeability 1. Reasonable Person Standard 3. Superseding Cause a. Children C. Harm b. Physical Disability D. Defenses to Negligence c. Mental Deficiency 1. Contributory Negligence d. Superior Skill or Knowledge 2. Comparative Negligence e. Emergencies 3. Assumption of
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Business Law Chapter 9 Christopher Owns Reliance On This Promise Christopher Expends
KEYWORDS: Blooms: Application ANSWER: b POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15. 09.03 - 09.03 NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States - NC - AICPA BB-Legal TOPICS: A-Head: Classifications of a Contract KEYWORDS: Blooms: Application ANSWER: b POINTS: 1 DIFFICULTY: Moderate LEARNING OBJECTIVES: SRBL.MANN.15.
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Business Law Chapter 9 Contracts Are Primarily Governed By The Uniform Commercial Code
2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or
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Business Law Chapter 9 Homework Fox Were Used By Estimates For The
Part Two: Contracts CONTENTS Chapter 9 Introduction to Contracts Chapter 10 Mutual Assent Chapter 11 Conduct Invalidating Assent Chapter 12 Consideration Chapter 13 Illegal Bargains Chapter 14 Contractual Capacity Chapter 15 Contracts in Writing Chapter 16 Third Parties to Contracts Chapter 17 Performance, Breach, and Discharge Chapter 18 Contract Remedies ETHICS QUESTIONS RAISED IN THIS PART 1. Historically, the common law of contracts
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Business Law Chapter 9 Homework Generic System Software Credit Union Attended Demonstration The
ANSWERS TO PROBLEMS 1. Owen telephones an order to Hillary's store for certain goods, which Hillary delivers to Owen. Neither party says anything about the price or payment terms. What are the legal obligations of Owen and Hillary? Answer: Implied Contracts. Owen and Hillarys agreement deals in goods, so the contract
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Business Law Chapter 9 Homework Oil Citation The Court Us Oil Adopted
*** Chapter Outcome *** List the essential elements of a contract. C. REQUIREMENTS OF A CONTRACT 1. Mutual assent The parties must show by words or conduct that they have agreed to enter into a contract. The usual method of showing mutual assent is by offer and acceptance. 2. Consideration Each party to a
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JD 11644
An association of banks created for the purpose of settling accounts with each other on a daily basis is a: a. payor banking group. b. clearinghouse. c. provisional reserve. d. None of these. Answer: b Answer: b Answer: b Under the RUPA, a partner who does not have actual authority from all of the partners may still
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JD 26706
Regarding drug and alcohol testing of employees by employers: a. the NLRB makes it a mandatory subject of collective bargaining in a union setting. b. the constitutional protection from unwarranted search and seizure protects private sector employees from the practice. c. the Constitution prohibits any public sector employer from testing its employees under
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JD 49767
Most lemon laws define a lemonas a car that: a. was sold by a dealer who refuses to make reasonable attempts to correct the problem. b. continues to have a defect that substantially impairs its use, value, or safety, even after the manufacturer has made reasonable attempts to correct the problem. c. has
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JD 52913
Costs incurred to acquire a nondelivered performance from some other source are consequential damages. a. True b. False Answer: False Answer: False Answer: False Under the RMBCA, if a quorum exists, a shareholder action such as the election of directors is approved if the votes cast for the action exceed the votes cast against it. a.
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JD 60482
The fair market value of a 10-foot fishing boat is $1,000. In a special promotion, J's Marina purchases a 10-foot fishing boat for $900. The boat is badly scratched when it arrives. J's Marina, however, accepts the shipment and notifies the seller of the defect. The boat as delivered has
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JD 70211
Statutes of repose were enacted to give consumers more rights against large manufacturers. a. True b. False Answer: False Answer: False Answer: False If a principal debtor defaults on a loan, an absolute surety will have to pay upon demand of the creditor. a. True b. False Answer: True Answer: True Answer: True All conversions of personal property are trespasses,
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JD 97060
Eliza was an antique expert. She went to a tea party at Grandma Jones' house and saw a magnificent Queen Anne table out on the back porch. She asked Grandma about it and was told it was in the way so they were going to store it in the barn.
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LAW 24120
Since its inception in 1946, the U.N. Secretariat has registered and published approximately how many treaties that expressly or indirectly concern international business? a. 100 b. 550 c. 30,000 d. 75,000 Answer: c Answer: c Answer: c The Worker Adjustment and Retraining Notification Act requires an employer to provide how much advance notice of a plant closing
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LAW 33598
Most states have adopted the theory that a mortgage is a lien on real property for the payment of a debt. a. True b. False Answer: True Answer: True Answer: True "Acceptance" under the UCC always means taking possession of goods. a. True b. False Answer: False Answer: False Answer: False A precatory expression: a. cannot impose a trust because of
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LAW 42912
There is no necessity to distinguish language which constitutes an offer from that which merely solicits or invites offers. a. True b. False Answer: False Answer: False Answer: False If a shareholder dissents to a proposed business combination, he is entitled to receive the fair value of his shares. In order to do so, the shareholder
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LAW 72411
A(n) is a measure designed to protect the public from unqualified practitioners. a. exculpatory clause b. revenue license c. regulatory license d. usury statute Answer: c Answer: c Answer: c Ordinarily, an agent may delegate his duties to an equally qualified subagent. a. True b. False Answer: False Answer: False Answer: False A profit is not usually exclusive to the owner of
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LB 37009
If dividends are not declared for five years, but the company has accumulated earnings each year, the shareholders may: a. petition the court of law for redress. b. override the board with a two-thirds vote. c. ask for an injunction requiring a dividend to be declared. d. do nothing but sell their stock. Answer:
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LB 43786
Al has a tax service and accounting business in Redwood City. He decides to move to Center City, which is 150 miles away and sells his accounting practice to Able and Baker, a CPA firm. In the sales contract, he agrees that he will refrain from practicing accounting anywhere within
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LB 44453
Hannah, as a joke, offers to sell her violin to Mike. Her statement would have legal effect if: a. the intended jest is so successful that Mike as a reasonable person under the circumstances believes the joke is an offer and he accepts. b. Hannah's intent, determined subjectively, is to enter a
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LB 46146
All states have authorized the formation of limited liability companies. a. True b. False Answer: True Answer: True Answer: True Bob took a check written by Jack to Jack's bank to be certified. The bank stamped "Certified" on it and gave it back to Bob. What consequence? a. Bob can only demand the money from Jack. b.
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LB 46437
All price discrimination is illegal under the Robinson-Patman Act. a. True b. False Answer: False Answer: False Answer: False Seth and Maricela enter into a contract for a sale of goods for a contract price of $1,200 and Maricela has made a down payment of $200. Seth delivers nonconforming goods to Maricela who rightfully rejects them.
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LB 53681
The concept of sovereign immunity provides that a nation's judicial branch should not question the validity of the actions a foreign government takes within its own borders. a. True b. False Answer: False Answer: False Answer: False After a breach by the seller, buyer may replevy the goods that have been identified to the contract if: a.
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LB 61627
An employer can be liable for an agent's negligence, but he will never be liable for his intentional torts. a. True b. False Answer: False Answer: False Answer: False What is the effect of a payor bank's dishonor of a check? a. It returns the check to each intermediary or collecting bank. b. The provisional credits must
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LB 68068
Barbara, an antique dealer, intentionally represents the value of an antique chest of drawers, as $6,000 when she has reason to know the value is considerably less. Margaret agrees to buy it for $5,500. It is worth $2,500. In a state that uses the "benefit-of-the-bargain" rule, Margaret's damage award would
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LB 81579
Identify the ways a partnership is dissolved by operation of law under the UPA. List the circumstances under which a court will order a dissolution of a partnership. Answer: A partnership is dissolved by operation of law upon (a) the death of a partner, (b) the bankruptcy of a partner or of
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LB 91265
The "perfect tender rule" would allow a buyer to keep merchandise that deviates from the contract without having to perform himself. a. True b. False Answer: False Answer: False Answer: False Mr. and Mrs. Weaver have a duty to: a. control the behavior of their minor son with regard to foreseeable risks. b. merely warn their dependent son
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LWB 25008
Under the UCC, a(n)___is a sequence of previous conduct between the parties to an agreement which may befairly regarded as establishing a common basis of understanding for interpreting their conduct under the contract. a. course of dealing b. usage of trade c. course of performance d. integrated document Answer: a Answer: a Answer: a Traditionally, labor law opposed
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LWB 25890
Which of the following best expresses the policy behind the Truth-in-Lending Act? a. To help borrowers by requiring lenders to charge a "reasonable" rate of interest as determined by the Federal Reserve Board. b. To help small business by prohibiting lenders from using, as collateral for secured loans, a business's most important assets. c.
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LWB 40504
The word "merchantability" must be mentioned in a disclaimer of an implied warranty of merchantability. a. True b. False Answer: True Answer: True Answer: True In most, if not all, cases where there is a legal detriment to the promisee, there is also a legal benefit to the promisor. a. True b. False Answer: True Answer: True Answer: True With
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LWB 41587
Which of the following is true about a constructive trust? a. It normally contains detailed instructions for the trustee to follow. b. The court to redress an injustice imposes it. c. It is revocable by the trustee. d. It carries out the intentions of the trustee. Answer: b Answer: b Answer: b If Sharpe Finance Co. has
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LWB 46710
Any action for breach of a sales contract must be begun within: a. four years after the cause of action accrued. b. five years after the cause of action accrued. c. whatever period of time the parties have set in their contract. d. two years of when the breach actually occurred or within
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LWB 55236
Agencies may deny access to which of the following types of records? a. Those related to national defense and specifically authorized to be kept secret b. Those relating to internal personnel rules c. Trade secrets d. All of these. Answer: d Answer: d Answer: d Damages for interference with contractual relations include: a. payment for emotional distress. b. nominal
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LWB 58595
Dale defaults on a car loan secured by his car and guaranteed by both Sam and Dave. Subrogation would allow Sam, who paid Dale's full obligation, to: a. repossess the car. b. collect from Dave. c. collect from Dale. d. All of these. Answer: d Answer: d Answer: d Lynn, a tailor, agrees to sew a pair of
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LWB 97586
Which of the following is generally NOT a defense to a claim against a manufacturer under 402A? a. Contributory negligence on the part of the plaintiff b. Express assumption of the risk c. Misuse or abuse of the product d. Subsequent alteration of the product by the plaintiff Answer: a Answer: a Answer: a A civil lawsuit
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LWP 11434
A general partner, but not a limited partner, may be either a secured or unsecured creditor of the partnership with the same rights as a person who is not a partner. a. True b. False Answer: False Answer: False Answer: False The RUPA treats a partnership as a legal entity in all but which of the
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LWP 16757
Upon rightful rejection or justifiable revocation of acceptance, the buyer loses all property interest in the goods. a. True b. False Answer: False Answer: False Answer: False When the nonconformity or default substantially impairs the value of the installment but not the value of the entire contract, the buyer can reject the installment, even if
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LWP 27990
The Revised Model Business Corporation Act has been adopted at least in part by more than half of the states. a. True b. False Answer: True Answer: True Answer: True Insurance protects a business from: a. tort liability. b. strict liability. c. negligence. d. All of these. Answer: d Answer: d Answer: d Which of the following would not be a remedy
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LWP 33841
A basic objective of the Securities Act of 1933 is: a. to provide investors with material information concerning securities offered for sale to the public. b. to prohibit misrepresentation and other fraudulent acts in the sale of only registered securities. c. to provide disclosure requirements on publicly held corporations. d. to regulate tender offers
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LWP 37989
The Code's firm offer rule applies only to offers in writing that are made by a merchant offeror. a. True b. False Answer: True Answer: True Answer: True All states except one have adopted either the 1976 or 1985 RULPA. a. True b. False Answer: True Answer: True Answer: True A photographer taking photos of a movie star with a
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LWP 44381
The delivery of personal property to a creditor as security for the payment of a debt is: a. perfection. b. a pledge. c. attachment. d. a general intangible. Answer: b Answer: b Answer: b Which of the following is not covered by the Government in the Sunshine Act? a. The Securities and Exchange Commission b. The Federal Trade Commission c.
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LWP 45795
To satisfy the statute of frauds, the person who wants to bring the lawsuit must sign a memorandum. a. True b. False Answer: False Answer: False Answer: False Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder
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LWP 49307
An agreement in connection with the sale of a business that prohibits the seller from engaging in the same or a similar business for a period of twenty-five years would be unreasonable. a. True b. False Answer: True Answer: True Answer: True Under the NLRA, an employer can legally refuse to bargain with the union as
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LWP 54320
An oral promise by a limited partner to contribute to the limited partnership is enforceable. a. True b. False Answer: False Answer: False Answer: False Alice offers to sell her computer, monitor, and printer to Bradley for $300. Bradley says he will accept provided thatAlice includes her word processing software. What is the status of their
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LWP 57357
Pam certified a statement prepared by John, her employee, without checking John's work. He was never known to be anything but diligent and his integrity had never been questioned. The audit contained gross misstatements. Pam defends a suit against her claiming "due diligence." She will: a. succeed, since she had no
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LWP 61008
A judicial lien against a partner's transferable interest in a partnership is known as a(n): a. legal aggregate. b. delegation of assets. c. charging order. d. assignment. Answer: c Answer: c Answer: c Tender can be made any time of the day or night when the seller feels like delivering the goods. a. True b. False Answer: False Answer: False Answer:
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LWP 66636
When an injured party is required to elect remedies, which of the following would be mutually exclusive? a. Restitution and liquidated damages b. Specific performance and compensation for incidental damages c. Specific performance and restitution d. Incidental and consequential damages Answer: c Answer: c Answer: c Aunt Ellie promises her 21-year-old nephew, Robbie, that she will pay
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LWP 79949
In a condominium: a. all residents own shares in the corporation that owns the building. b. each resident purchases a living unit in the building. c. the tenant owns a reversionary interest in the property. d. the tenant creates a future interest in the property known as a possibility of reverter. Answer: b Answer: b Answer:
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LWP 96019
Which of the following contracts is covered by Article 2 of the Uniform Commercial Code? a. The sale of a house b. The sale of a new car c. An employment agreement d. A sale of automobile insurance Answer: b Answer: b Answer: b If a security interest has attached, it is enforceable against the debtor. a. True b.
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M 11207
Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined. a. True b. False Answer: True Answer: True Answer: True Gary mails an offer to Brian on June Brian receives the offer on June Gary mails a revocation of the offer on June Brian mails a letter of acceptance
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M 17575
Which of the following may influence a promoter to choose to incorporate in a particular state? a. Its restrictions on dividend payments b. Its tax on corporate earnings c. The rights granted to shareholders d. All of these Answer: d Answer: d Answer: d Which of the following remedies are available to either a buyer or seller
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M 24600
A quorum consists of how many justices on the U.S. Supreme Court? a. 3 b. 5 c. 6 d. 7 Answer: c Answer: c Answer: c Richard owns and operates a small business at an outdoor market where he sells fruits and vegetables. What does the UCC specifically require of Richard with respect to his customers? a. Observance
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M 26097
If a bank pays on a check after the death of its customer, the customer's estate is not automatically entitled to reimbursement. a. True b. False Answer: True Answer: True Answer: True Which of the following would ordinarily NOT be considered a security under the federal securities laws? a. Bonds b. Stocks c. Investments in limited partnerships d. General
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M 33693
A certificate of deposit differs from a promissory note in that, with a certificate of deposit: a. the maker is always a bank. b. there are three parties to the transaction. c. the payee of a CD must be paid on demand. d. a writing is required. Answer: a Answer: a Answer: a A dissenting shareholder can
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M 34771
In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes. a. True b. False Answer: False Answer: False Answer: False An implied-in-fact condition and constructive condition are the same. a. True b. False Answer: False Answer: False Answer: False Fraud in the execution of an instrument is a real defense
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M 45839
A cease and desist order, issued by the FTC, directs a party to stop a certain practice or face punishment, such as a fine. a. True b. False Answer: True Answer: True Answer: True No implied warranty exists: a. if it is disclaimed in any manner. b. if it applies to hidden defects that are not apparent upon
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M 49849
All but which of the following is required of a negotiable instrument? a. It must be payable only out of a particular fund. b. It must contain an unconditional promise to pay a fixed amount in money. c. It must be payable on demand or at a fixed future date. d. It must be
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M 55552
Which of the following terms would indicate a destination contract? a. F.O.B. city of buyer b. F.O.B. city of seller c. C.I.F. d. F.A.S. seller's port Answer: a Answer: a Answer: a A true statement of a highly personal nature made to embarrass someone is defamation. a. True b. False Answer: False Answer: False Answer: False If Tom and Tim are joint
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M 57480
Article 2A, in a provision analogous to Article 2's warranty of title provision, protects the lessee's right to possession and use of the goods from claims of other parties arising from an act or omission of the lessor. a. True b. False Answer: True Answer: True Answer: True If destruction or casualty to goods, total or
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M 61678
Generally, whether or not the parties deal at arm's length does not affect whether silence alone amounts to fraud. a. True b. False Answer: False Answer: False Answer: False Which of the following is NOT true about Social Security? a. Disability insurance is one program within the system. b. Employees pay for Social Security when they file their
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M 68504
Scienter is the element of fraud that requires that the person who makes the misrepresentation knows that it is false or has reckless indifference as to its truthfulness. a. True b. False Answer: True Answer: True Answer: True Scott buys a television from Joe's TV Store, giving Joe a check for $550. Joe uses a special
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M 77952
A stock split results in a larger proportion of corporate ownership by the shareholder. a. True b. False Answer: False Answer: False Answer: False Intellectual property consists of which of the following? a. Trade secrets b. Patents c. Trade symbols d. All of these are considered intellectual property. Answer: d Answer: d Answer: d A distinguishing characteristic of a business trust is
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M 86456
Both design and manufacturing defects can subject a manufacturer or seller to products liability. a. True b. False Answer: True Answer: True Answer: True Bearer paper runs to whomever is in possession of it. a. True b. False Answer: True Answer: True Answer: True The Clean Water Act requires the EPA administrator to do what, regarding new sources? a. Establish federal
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M 88792
Assume an offeree mails a rejection to the offeror on November This rejection arrives at the offeror's place of business on November In the meantime, on November 4, the offeree sends the offeror an acceptance that arrives November Which of the following statements correctly describes the situation? a. There was no contract
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M 94142
Although under GATT's most-favored nation provision all signatories must treat each other as favorably as they treat any other country, nations may give preferential treatment to developing nations and may enter into free trade areas. a. True b. False Answer: True Answer: True Answer: True Often arbitration is preferred over litigation because the quality of
Smith And Roberson's Business Law 16th Edition

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