BUS LAW 25343

subject Type Homework Help
subject Pages 9
subject Words 820
subject Authors Henry R. Cheeseman

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Stock dividends are a distribution of corporate assets.
To be liable for consequential damages, the breaching party must know or have reason
to know that the breach will cause special damages to the other party.
The Uniform Computer Information Transactions Act provides that if appropriate
requirements are met, a licensor can resort to electronic self-help if a breach occurs.
When there is no agreement to the contrary, sales contracts are presumed to be shipment
contracts.
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Unsolicited online commercial advertising is commonly referred to as ham.
A seller or lessor cannot collect damages in addition to other remedies.
If employees no longer want to be represented by a union, a decertification election will
be held.
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To be successful in a disparate impact case, the employer's intent to discriminate must
be proven.
The United States District Court is the general jurisdiction trial court in the federal
system.
A shareholder may submit issues for a vote to other shareholders only if corporate
management does not oppose such action.
Fraud in the inducement is also known as fraud in the factum.
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A check is a note in which the drawee is a bank.
Garages are always liable for damage done to parked cars.
Generally, an offer is not effective until it is actually received by the offeree.
Upon partnership dissolution, the remaining partners have the right to continue a new
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partnership.
The courts have held that if an affirmative action plan is based on pre-established
numbers of percentage quotas for hiring or promoting minority applicants, then it
causes illegal retaliatory discrimination.
Consistent with judicial standards of interpretation, where a preprinted form contract is
used, preprinted words prevail over typed words.
Under the consumer expectation test, a food product is unmerchantable if a foreign
object in that product causes injury to a person.
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Under the doctrine of negligence, a person is liable for harm that is the foreseeable
consequences of his or her actions.
The crime of embezzlement occurs if a written document is fraudulently made or
altered and that change affects the legal liability of another person.
A majority of states have adopted the foreseeability standard for holding accountants
liable to third parties for negligence.
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Corporations generate over eighty-five percent of the country's gross business receipts.
According to the doctrine of promissory estoppel, the person who has detrimentally
relied on a promise for performance may sue the promisor for performance or another
remedy the court deems fair under the circumstances.
Only unanimous decisions of the U.S. Supreme Court become precedent.
The dissenting shareholder appraisal right allows a shareholder to request appraisal of
the shares to be acquired in a merger, and the tender offer price will be adjusted based
on the appraisal.
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Undue influence can provide a basis to avoid a contract only if the parties had a
preexisting confidential or fiduciary relationship at the time of contract formation.
Gift promises are also called fortuitous promises.
Absent an agreement to the contrary, a corporate officer can be removed by the board of
directors any time the removal is deemed to be in the corporation's best interest.
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"Convertible preferred" stock is stock that can be easily converted into the stock of
another corporation.
"I will keep the rule if you do" is an underlying concept in Rawls concept of ethics.
In order for a common law marriage to be recognized, the parties need not live together.
Guaranty contracts are not required to be in writing under the Statute of Frauds.
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Personal property is sometimes referred to as chattel property.

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