The EEOC allows discrimination in employment because of differences in bona fide
occupational qualifications.
The computation of time for the one-year provision of the statute of frauds starts when
the agreement is made, not when the performance is to begin.
A breach of contract always discharges the injured party from performance under the
contract.
Tying arrangements have been labeled by the Supreme Court as serving “hardly any
purpose beyond the suppression of competition.”
A substitute check created under Check 21 is the legal equivalent of the original check
and contains all the information contained on the original check.
Is a promise to pay a pre-existing moral obligation enforceable? Explain.
A true statement of a highly personal nature made to embarrass someone is defamation.
What is a “merchant”? Identify four provisions in Article 2 which apply a different
standard of conduct to merchants and nonmerchants.
A majority of jurisdictions follow the common law rule that the risk of loss or
destruction of real property rests with the seller until the deed is conveyed to the
purchaser.
Michelle and Margaret agree to form a partnership. The partnership contract between
Michelle and Margaret does not have to be in writing in order to be enforceable in the
courts.
In all types of business entities, the owners can fully share in the management and
control of the business.
The Credit Card Accountability, Responsibility, and Disclosure Act of 2009 forbids
credit card issuers from raising interest rates or any fees during the first year a credit
card account is open, and the Act states that gift cards or certificates may not expire
sooner than five years after issuance.
Matt agrees to perform an audit within 30 days, knowing that time is of the essence.
When the 30 days are up, Matt has only performed 60% of the audit. Matt has
materially breached his contract.
In rescinding an executory, bilateral contract, no consideration is furnished.
Trespass differs from private nuisance in that nuisance does not require an interference
with a plaintiff’s possession of the land.
The owner of the servient parcel is generally responsible for maintaining the easement
and keeping it in repair.
An incomplete instrument is non-negotiable. However, when it is completed, it may
become negotiable.