Business Law 28027

subject Type Homework Help
subject Pages 5
subject Words 562
subject Authors David P. Twomey, Marianne M. Jennings

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page-pf1
When a court finds a clause of a contract unconscionable at the time it was made, it
may enforce the remainder of the contract.
Contract terms may not be implied from conduct.
The Insider Trading and Securities Fraud Enforcement Act of 1988 gave the SEC
authority to bring an action against an individual purchasing or selling a security while
in possession of material, inside information.
Contract clauses that limit a common carrier's liability are void as contrary to public
policy.
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A probate court is an example of a general trial court.
A custodian who holds money for the benefit of a minor under the Uniform Gifts to
Minors Act may choose to use the money to send the minor to summer camp.
The modern administrative agency typically possesses legislative, executive, and
judicial powers.
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Ordinarily contracts for the performance of personal services are specifically ordered.
The EPA is the primary federal agency responsible for the enforcement of
environmental laws.
Herman Corporation is engaged in preparing a marketing campaign consisting of
electronic and print images. Drawings and photographs for the campaign are coming
from a variety of sources, including popular magazines, international newspapers, and
web sources. The marketing vice president asserts that the company may use the images
under the fair use doctrine. What factors should be considered in the application of the
fair use doctrine?
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If an offer does not state how long it shall remain open, it remains open for ten days.
The time for performance is typically essential in a contract for the sale of perishable
property.
A principal may be liable to a third person for an agent's unauthorized contracts.
Professionals have a duty to perform their functions at the same level as would a
reasonable person.
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A contract that has elements of both goods and services is always classified as a
contract for the sale of goods.
The concept of strict liability is applied without regard to whether the defendant was at
fault.

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