1) For an employer to successfully defend against a charge of a supervisor’s sexual
harassment, the plaintiff-employee must have taken a tangible employment action
against the supervisor.
2) On a partner’s dissociation, the partner’s duty of loyalty ends.
3) A sale of real estate is a complicated transaction that involves certain formalities that
are not required in a sale of goods.
4) Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less
employees.
5) A valid delegation of duties relieves the delegator of obligations under the contract.
6) During collective bargaining, the employer and the union are obligated to reach an
agreement.
7) Shareholders have the power to vote to elect or remove members of the board of
directors.
8) Fact Pattern 20-B1
Ripe Produce, Inc., and Southeast Asian Bistro & Market enter into a contract for the
delivery of locally grown fruits and vegetables. The parties use a standard Ripe Produce
form that contains some of the terms the parties agree on but not others. Some of the
produce spoils before it can be cooked, served, and eaten, or sold. Southeast Asian
refuses to pay for the spoiled goods.
Refer to Fact Pattern 20-B1. Ripe Produce files a suit against Southeast Asian, claiming
that the buyer assumed the risk of the spoilage of the unsold goods. The court may
allow evidence of this term if it finds that the parties’ contract is
a.fully integrated.
b.not fully integrated.
c.not supported by consideration.
d.a complete and final statement of their agreement.
9) Business Rental Corporation (BRC) and Cartage Trucking Company enter into a
contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship
or tender goods to the lessee that
a.approximately conform to the contract description.
b.entirely conform to the contract description except in one or two details.
c.conform to the contract description in every way.
d.substantially conform to the contract description in most details.
10) Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the
basis of the tort of battery, Nasir can sue
a.Ladd.
b.Minh.
c.the rightful owner of the rock.
d.no one.
11) Mexican employees of Farmacos Ltd., a subsidiary of Global Pharmaceuticals, Inc.,
a U.S. firm, offer cash and gifts to regional Mexican government officials to obtain their
approval of favorable contracts. Steps that company managers might take to end the
practice and to influence other employees not to engage in similar conduct include
a.termination of the employees who offered the bribes.
b.mandatory antibribery training for all employees.
c.audit of company expenses to expose illegal and unethical payments.
d.all of the choices.
12) Glassworx Corporation has exclusive control over the market for its products.
Under antitrust law, this is
a.a per se violation.
b.a violation if it acquired this power through”business judgment.”
c.a violation if it acquired this power through”anticompetitive means.”
d.not a violation.
13) Meryl’s daughter Nixie dies before Meryl, leaving Nixie’s son Orman. On Meryl’s
death, it is learned that her will gives “to my daughter Nixie my farm near Pratt,
Kansas.” Most likely, the gift of the farm
a.abates.
b.will not lapse.
c.lapses in full.
d.lapses in part.
14) Lydia, a minor, charges the cost of a smartphone at a Mobile Devices & Minutes
store. Two nights later, Lydia loses the phone at Natural Foods restaurant. She disaf-
firms the phone’s purchase. Lydia owes Mobile Devices the reasonable value of the
phone
a.if it is deemed a necessary.
b.if it is deemed a luxury.
c.if it is deemed unique.
d.under no circumstances.
15) Shakira issues a check drawn on Thrifty Bank to Ranch & Farm Supply to pay for a
rototiller. Later, Shakira discovers a defect in the device and orders Thrifty to stop
payment on the check. Shakira does not renew the order, and the bank clears the check
eight months later. The bank
a.must recredit Shakira’s account.
b.must obtain funds from Ranch & Farm to cover the check.
c.must substitute acceptable goods.
d.need not recredit Shakira’s account.
16) Maxi Retail Corporation is subject to a decision by the National Labor Relations
Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This
could mean that the decision
a.followed a consideration of legally appropriate factors.
b.justifiably changed the agency€s prior policy.
c.was accompanied by a rational explanation.
d.was plainly contrary to the evidence.
17) Nora contracts with Odell to sell land that, unknown to either party, has
groundwater contaminated from adjacent land that was occupied several decades earlier
by a paper pulp processing plant. When this is discovered, Nora asserts the doctrine of
commercial impracticability. This doctrine applies only when, with respect to an event
that renders performance impossible, at the time the contract was formed the parties
a.could not have reasonably foreseen the supervening event.
b.could have reasonably foreseen the supervening event.
c.should have foreseen the supervening event, reasonable or not.
d.should not have foreseen any supervening events.
18) When the dominant party in a fiduciary relationship benefits from that relationship,
a presumption of undue influence arises.
19) Even if the bank pays a check in spite of a stop-payment order, the bank will not be
obligated to recredit the customer’s account.
20) In the absence of any specific agreements, the buyer or lessee must make payment
subsequent to receipt of the goods.
21) An expression of opinion will usually create a warranty.
22) A writ of execution applies to a debtor’s nonexempt real or personal property
wherever located.
23) Under the doctrine of promissory estoppel, a promise will not be enforced unless it
is supported by consideration.
24) Global Airline, Inc., is a commercial passenger airline. Global Airline includes on
its tickets a clause stating that the airline is not liable for any injury to, or the death of,
any passenger caused by its, or its employees’, negligence. A Global Airline flight from
Los Angeles to New York crashes into Long Island Sound, resulting in the deaths of all
passengers. The accident is found to be due to Global Airline’s negligence. Based on the
clause on its tickets, can Global Airline avoid liability?
25) A person must have contractual capacity to be an agent.
26) Courts order reformation most often when fraud or mutual mistake is present.
27) A principal’s ratification of an agent’s unauthorized act must be express.