1) the only manner in which a request for prompt or current shipment of goods can be
honored is by a prompt or current shipment of the goods to the buyer.
2) the general rule on the duration of a copyright is that it lasts for 50 years from the
time the copyrighted work was created and fixed in tangible form.
3) an in-depth consumer credit report is a credit report that includes information on a
persons character, reputation, personal traits, or mode of living and is based on
interviews with neighbors, friends, associates, and the like.
4) workers compensation protects not only employees, but independent contractors as
well.
5) in the case of false imprisonment, the plaintiff must be under confinement for a long
time.
6) respondeat superior liability depends on whether the principal himself was at fault.
7) the ucc imposes a duty of good faith in the performance and enforcement of every
contract it covers.
8) the warehouse receipt or the bill of lading is nonnegotiable.
9) administrative agencies typically possess a broad mix of governmental powers
resembling those associated with the three traditional branches of government.
10) drug and alcohol testing of public employees is unconstitutional.
11) a client may receive _____ damages for a breach of contract or negligence.
a.only consequential
b.only punitive
c.consequential and punitive
d.only compensatory
12) except for _____, to be negotiable an instrument must be payable to order or to
bearer.
a.promissory notes
b.bonds
c.checks
d.certificates of deposit
13) jill is a month-to-month tenant. she had not paid her rent for 3 months and landlord
lou decided to evict her. he placed her furniture in a storage locker and changed the lock
on her apartment. lous actions are:
a.proper because jill had breached her obligations as a tenant.
b.proper because a landlord may evict a month-to-month tenant for any reason.
c.improper because the law allows a landlord a reasonable right of self-help.
d.improper because lou should have gone to court and obtained an order of eviction.
14) which of the following is true about the effect of purported partnerships?
a.purported partners share profits of the business.
b.a purported partner does not have authority to make contracts for the partnership.
c.a purported partner is liable on contracts entered into by third parties on their belief
that he was a partner.
d.a purported partner is not liable for the torts committed in the course of relationships
entered by third parties who believed he was a partner.
15) don is a partner of the firm shaw associates, which offers recruitment services. don
entered into a contract with bradman & sons to sell the land on which the partnership
business is situated for $85,000. is this contract enforceable?
a.yes, because don has apparent authority to enter into contract with bradman & sons.
b.no, because don has only express authority not actual authority.
c.yes, because don, being a partner, has implied authority to enter into contract.
d.no, because don does not have the power to convey the partnerships real property.
16) which of the following professional liabilities is based on the common law concepts
of negligence?
a.penal liability
b.tort liability
c.primary liability
d.contractual liability
17) which of the following is a condition subsequent?
a.i promise to do x if i succeed in getting a loan.
b.i promise to do x on the condition that the cubs win the world series.
c.i promise to do x unless al gore is elected president in 2000.
d.i promise to do x assuming that inflation stays below 3% in 1997.
18) as per the 1934 act, section 16(a) prohibits statutory insiders from disclosing their
ownership of their companys securities for the first 10 days of ownership.
19) samuel, a physically disabled young man, has rented an apartment from beth for a
period of two years. samuel finds that the apartment is ill-equipped to handle his basic
needs; he asks beth for permission to make a few small alterations so that he can move
around the house with minimum support. beth refuses to let him do so and asks him to
find another place. is beths refusal legal?
a.no, the law allows handicapped tenants to make reasonable modifications.
b.no, tenants have the right to do what they like during the lease period.
c.yes, samuel should find something suitable for him.
d.yes, she is the owner and has supreme rights over her property.
20) contracts made by severely intoxicated people:
a.are void rather than voidable.
b.can be disaffirmed anytime after he/she has regained his/her mental faculties.
c.cannot be ratified until the person has regained his mental faculties.
d.are always binding, because the law does not want to reward drug or alcohol abuse.
21) under the model business corporation act (mbca), notice of a(n) _____ meeting of
shareholders must list the purpose of the meeting.
a.special
b.quarterly
c.general
d.annual
22) roe promises to build a house for crown for which, crown agrees to pay him
$10,000 when the house is complete. this example is related to the concept of:
a.express condition.
b.constructive condition.
c.subsequent condition.
d.implied condition.
23) how can a corporation improve its corporate governance and corporate
responsibility?
24) jones, a purchasing manager at xyz corporation, has authority to make and sign
checks drawn on the corporations account. jones completes a fake check to smith
supply company for $100,000, signs it for xyz, indorses it in smiths name, and sells it to
hirsch, who takes it in good faith. has the check been negotiated to hirsch? assume that
the check is a negotiable instrument.
25) john, a house painter, enters into a contract with robert under which he promises to
paint roberts house for which robert promises to pay $1,000 at the completion of work.
john mistakenly paints marys house next door. mary returns from vacation, surprised to
see her house beautifully painted. john asks mary to pay for the work. mary refuses.
under what theory may john attempt to recover from mary? will he be successful?
explain.
26) babs, mindy, and eric decide to leave a large accounting firm and start their own
accounting business. what form of business should they elect?
27) nordex corporation is in the business of manufacturing furniture. because the
industry has matured, nordex is considering adding a new product line, manufacturing
plastic products such as casings for telephones and videotapes. no director will have a
personal interest in the decision to expand into those lines. to avoid liability for making
a poor decision, what standard of conduct should nordexs board of directors comply
with? briefly explain what the board must do to comply with that standard.
28)
29) what two conditions must be met if profit-maximization is to maximize utility?
30) in a partnership, are partners liable for the crimes committed by another partner?
explain.
31) bill didnt exactly fit in at the xyz corporation. first, bill lost out on a promotion
because a female co-employee was having sexual relations with their mutual boss and
for that reason got the promotion instead. later, bill was denied a raise because he
refused to have sex with his male supervisor. still later, bill was fired when he refused to
have a sexual relationship with the firms female ceo. bill sues xyz for sexual
harassment, citing all three incidents. across the 50 states, for which of the incidents is
he most likely to recover? why?
32) why are 20th century contract law rules so often fuzzy and discretionary rather than
precise and rigid?