Even-Bilt Construction contracts to build a warehouse for Discount E-Sales Company.
Even-Bilt completely performs. Discount E-Sales is entitled to
a. damages.
b. nothing more.
c. to be excused from performance.
d. suspend performance.
To complain about Discount Retail Corporations products, Edsel opens a Web site with
the domain name “discountretailcorporationsucks.com. Discount Retail files a suit
against Edsel. If the court rules in the defendants favor, it will most likely be on the
basis of
a. a likelihood of confusion.
b. a right to privacy.
c. the freedom of speech.
d. trademark law.
Dave and Ellen enter into a contract via e-mail. When a dispute arises over the
performance of the deal, Dave files a suit against Ellen. The emerging body of law that
governs transactions conducted via the Internet is referred to by the term
a. cyberlaw.
b. civil law.
c. equitable maxims.
d. IRAC.
In a one-care auto accident, Carmel is rendered unconscious and otherwise injured. At
the scene, Dana, a physician, acts to save Carmels life. Later, Dana seeks to recover for
the cost of the aid. She is most likely to recover
a. nothing.
b. on a theory of an express contract.
c. on a theory of an implied contract.
d. on a theory of a quasi contract.
Corporate Security Company provides other firms with security services.Questions of
what is ethical involve the extent to which Corporate Security has
a. a legal duty beyond those duties mandated by ethics.
b. an ethical duty beyond those duties mandated by law.
c. any duty beyond those mandated by both ethics and the law.
d. any duty when it is uncertain whether a legal duty exists.
Bread & Bagels Bakery enters into a contract with Cineplex for discounted tickets for
Bread & Bagels employees. Cineplex breaches the contract and Bread & Bagels enters
into a contract with DigiMovies for the same service at a lower price. Bread & Bagels
might be awarded nominal damages to
a. establish, as a matter of principle, that Cineplex acted wrongfully.
b. provide Bread & Bagels with funds for a foreseeable loss beyond the contract.
c. provide Bread & Bagels with funds for its loss of the bargain.
d. punish Cineplex and set an example to deter others from similar acts.
Ajay sells “Bulk Up steroids over the Internet. He is arrested and charged with the sale
of a controlled substance. This is cyber crime, which is
a. anew category of crime that is not related to older types of crime.
b. a crime that occurs in the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical world.
d. no crime.
Delia files a suit against Eduardo in a Florida state court over the ownership of a boat
docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo
could ask for a change of venue on the ground that Georgia
a. has a sufficient stake in the matter.
b. has jurisdiction.
c. has sufficient minimum contacts with the parties.
d. is a more convenient location to hold the trial.
Qiana writes a check to Payday Loans, Inc., in an amount that represents half of her
debt to the lender. On the back of the check, Qiana includes the words “payment in full.
Payday agrees to accept the lesser sum and cashes the check. This discharges the entire
debt
a. if the debt is liquidated.
b. if the debt is past due.
c. if the debt is unliquidated.
d. under no circumstances.
Brasilia, a real estate broker licensed only in Connecticut, concludes a land sale in
Delaware. She can
a. collect the commission if it has not been paid.
b. keep the commission if it has already been paid.
c. foreclose on the property to obtain any unpaid amount.
d. not collect the commission, keep it, or foreclose on the property.
Quest Outdoor Store orders RiverRun-brand kayaks from Sports Merchandise, Inc.
Sports Merchandisemistakenly ships kayaks of the wrong size, which Quest rejects and
returns via Trans-State Shipping Company. During the return, the kayaks are lost. The
loss is suffered by
a. Quest.
b. Trans-State.
c. RiverRun.
d. Sports Merchandise.
Insurance Sales Corporation hires Jeremy to act as its agent. Insurance Salessright not
to perform a contract entered into by Jeremy, if he breaches their agency agreement, is
the right of
a. avoidance.
b. indemnification.
c. nullification.
d. termination.
Gas & Wood Stove Shop receives Hearthwarm-brand stoves from Independent Dealer,
Inc., under a sale or return agreement. While the stoves are in Gas & Woods possession,
title is held by
a. Independent Dealer.
b. Gas & Wood.
c. Gas & Woods creditors.
d. Hearthwarm.
Mai is a third party beneficiary under a contract between Novia and Otis. Novia and
Otis can modify or rescind their contract without Mais consent
a. at any time.
b. at no time.
c. afterMais rights have vested.
d. beforeMais rights have vested.
A letter-of-credit agreement between Rural Feed Corporation and Soybean Farms, Inc.,
requires Rural Feeds bank to pay Soybean Farms on receipt of invoices. This letter of
credit is
a. a formal contract.
b. no contract.
c. an implied contract.
d. a quasi contract.
Gene sells a trail bike to Hollis without disclosing that the odometer, which reads
10,000 miles, was disconnected 90,000 miles ago. Gene is most likely liable for
a. unconscionability.
b. fraud.
c. mistake.
d. nothing.
The United States and other members of a certain organization agree to grant normal
trade relations (NTR) status to each other with regard to imports and exports. This
organization is
a. the Convention on Contracts for the International Sale of Goods.
b. the International Export-Import Bank.
c. the United Nations.
d. the World Trade Organization.
Savory Bean Company makes and sells a sweet espresso coffee beverage under the
name “Sugar Sugar. Tropic Roast, Inc., later markets a similar drink under the name
“Sweet Sweet. This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. not infringement.
Oliana is a partner in Pacific Traders. In the majority of states, with respect to any
partnership obligations that Oliana does not participate in, know about, or ratify, Oliana
would be liable for
a. none of the obligations.
b. all of the obligations, jointly and severally.
c. all of the obligations, jointly but not severally.
d. only the contractual obligations.
Benito orally promises Carolina that he will buy her modified 1968 Dodge Charger. For
this promise to be enforceable under the doctrine of promissory estoppel,
a. theCharger must be considered a customized good.
b. Carolina must act in reliance on Benitos promise to her detriment.
c. Benitos promise must have been overheard by a third party.
d. there must be written evidence of the deal.
Watercourse Pipe Company includes in its contracts a provision that reads, in large red
letters, “There are no warranties that extend beyond the description on the face hereof.
This disclaimer effectively negates
a. the implied warranty of fitness for a particular purpose.
b. the implied warranty of merchantability.
c. the implied warranty of title.
d. none of the choices.
Eds Electric substantially performs its contract with Forest Hills Apartments, Inc., to
deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to
a. damages.
b. nothing more.
c. to be excused from performance.
d. suspend performance.
Nazih and Ovidia are limited partners in Physicians Medical Center, a limited partner-
ship. In terms of the firms books and information regarding partnership business, Nazih
and Ovidia are entitled to
a. access in proportion to their participation in management of the firm.
b. access to the parts that directly relate to their capital contributions.
c. no access.
d. complete access.
Kari is the sole proprietor of Living Earth Garden Shop. As a sole proprietor, on the
businesss profits, Kari pays
a. no income taxes.
b. only personal income taxes.
c. only business income taxes.
d. both personal and business income taxes.
ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores.
Erna files a product liability suit against ClearCall, alleging a design defect. In deciding
whether to hold ClearCall liable, the court may consider
a. Ernas intended use for the phone.
b. DefDeals method of accounting.
c. ClearCalls quality control efforts.
d. an available alternative design.
René operates The Spicy Chocolatier Café chain of restaurants. “The Spicy Chocolatier
Café is
a. a certification mark.
b. none of the choices.
c. a service mark.
d. a trade name.
A contract for a sale of land from Bayside Properties, Inc., to City Development
Corporation contains an erroneous legal description. The most appropriate remedy for
these parties is
a. quasi-contractual recovery.
b. reformation.
c. rescission.
d. specific performance.
Brady accepts what he believes is an offer to work for Canyon River Adventures, Inc.,
as a tour and fishing guide. In determining whether a contract has been formed, an
element of prime importance is
a. the price to be paid.
b the duration of the work.
c. the intent of the parties.
d. the subject of the contract.
Neci and Olwen want to form and do business as a corporationPastries & Pies,Inc. A
corporation is a legal entity created and recognized by
a. a central federal administrative agency.
b. a city or county clerks office.
c. an artificial legal person.
d. state law.
Insurance Sales Corporation gives preferential treatment in hiring and promotion to the
members of all protected classes. This treatment results in discrimination against
members of the majority. This is
a. disparate-impact discrimination.
b. gender discrimination.
c. notdiscrimination.
d. reverse discrimination.
Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the
labels is a logo that states “100% Genuine New England Maple Syrup Certified by the
Northeast Maple Syrup Harvesters Association. This logo is
a. a certification mark.
b. none of the choices.
c. a service mark.
d. trade dress.
An innocent party can rescind a fraudulent contract and be restored to his or her original
position.
Courts are not obligated to follow precedents.
If no fixed duration of the partnership is specified, the partnership is a partnership in
perpetuity, which means that the partnership cannot be dissolved.
Much of the material on the Internet, including software and database information, is
not copyrighted.
Under the Age Discrimination in Employment Act of 1967 permits private cause of
action against employers for age discrimination.
A judge instructs a jury in the law that applies in a case.
Ralph founds Signify, Inc., to make and sell products bearing the names of Tau Kappa
Epsilon (TKE) and other fraternities and sororities. Among other venues, Signify sells
its products online through Web sites that incorporate the fraternities and sororities
names and abbreviations into the URLsfor example, “tkestuff.comwithout their
permission. On what basis might the fraternities and sororities maintain a successful
suit against Ralph and Signify? How might this dispute have been avoided?
Substantive due process limits what the government can do in its legislative and
executive capacities.
No contract can prohibit delegation of the duties of the contract.
A limited partnership cannot be dissolved by court decree.
An international custom can be defined as “evidence of a general practice accepted as
law.
A corporation has perpetual existence unless the articles of incorporation state
otherwise.
If an offer does not specify a time for acceptance, the offer terminates at the end of a
reasonable time.
The law allows an innocent party to be discharged when the other party has materially
altered a written contract without consent.
Under the supremacy clause, a valid federal statute or regulation will take precedence
over a conflicting state or local law or regulation on the same general subject.
An e-contract must meet basic requirements that are different from those required of a
paper contract.
Any collateral promise fallsoutside the Statute of Frauds and does not need to be in
writing to be enforceable.
A court will normally interpret the language of a contract according to what the parties
claim their intent was when they made it.
The courts, in interpreting statutory law, often rely on the common law as a guide to
what the legislators intended.
One element that normally must exist for a person to be convicted of a crime is the
performance of a prohibited act.