Moses sells an apartment building to Noellewith a promise to install a newheating and
air conditioning systembefore September The following February 1, Moses sends Ollie,
anHVAC technician, to begin the installation. Noelle orders Ollieto leave and refuses to
make further payments to Moses, who files a suit against Noelle.
Mosess late attempt to install the ventilation system is most likely
a. a material breach.
b. complete performance.
c. excused by Noelles refusal to make further payments.
d. substantial, but not complete, performance.
Lucas orally agreesto sell hisMountain Spring Beverage Company to Natural Soft
Drinks, Inc. Lucas notes the terms on a sheet of Mountain Spring stationery and signs
it. This agreement is most likely enforceable against
a. no one.
b. Lucas and Natural Soft Drinks.
c. Lucas.
d. Natural Soft Drinks.
Beth is a victim of Carls violation of a criminal law. Criminal law is concerned with
a. the prosecution of private individuals by other private individuals.
b. the prosecution of public officials by private individuals.
c. the relief available when a persons rights are violated.
d. wrongs committed against the public as a whole.
Bette backs out of City Parking Garage, colliding with Dills car and thereby causing
damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as
a. a blameless person.
b a faultless person.
c. aprofessional person.
d. a reasonable person.
The Wisconsin state legislature enacts a statute that prohibits the advertising of video
games “because the games might be harmful to minors. Despite this new statute, the
president of xGamez, Inc., orders xGamez marketers to place ads in various media.
When an xGamez ad appears on YUTV, a local television station, xGamez and YUTV
are charged with violating the statute. What is the defendants best defense against a
conviction?
Livia takes temporary family leave from her job at Meatpackers Corporation to care for
a new baby. On Livias return from the leave, Meatpackers must
a. restoreLivia to her original position.
b. reimburseLivia for her expenses while on leave.
c. promoteLivia to the status of a key employee.
d. do nothing.
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.
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.
Sati contracts to work exclusively for Thermal Imaging Company during July for
$5,000. On June 30, Thermal Imaging cancels the contract. Sati finds a similar job for
the month of July but earns only $3,000. Sati files a suit against Thermal Imaging. As
compensatory damages, Sati can recover
a. $3,000.
b. $2,000.
c. $1,000.
d. $0.
Utah enacts a law that restricts certain kinds of advertising to protect consumers from
being misled. This law would likely be held by a court to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. unnecessary to protect individual rights.
d. necessary to protect state interests.
During a union election campaign, Auto Body Paint & Repair, Inc., prohibits on-site
solicitations by any party, including Mechanics Union, which is seeking the workers
unionization. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
ApartmentsRUs, a property management firm, presents a standard-form lease for an
apartment to Barnaby, a potential tenant. ApartmentsRUs does not pressure Barnaby to
sign the lease, but offers it on a take-it-or-leave-it basis. Barnaby signs the lease, but
later wants to withdraw from the contract. He is most likely to avoid enforcement of the
lease on the ground of
a. economic duress.
b. undue influence.
c. unconscionability.
d. mistake.
The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825
N.W.2d 429. “285 is
a. the number of the volume in the official reports of the courts decisions.
b. the number of the volume in Thomson Reuters unofficial publication of the courts
decisions.
c. a page number in the appropriate volume.
d. the number of the case in the sequence decided by the states highest court.
The abbreviation “P.A. in the name “Conrad & Drake, Accountants, P.A. means that this
organization is
a. a private association.
b. a professional association.
c. a public association.
d. a publicly administered corporation.
The idea for “Prices & Profit, an app that businesses can use to control their revenue,
profits, and payrolls, is protected by
a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.
Green Hybrid Auto Corporation pays its executives an excessive amount relative to
what lower-level employees at the companyreceive and to what executives at
competitive companies are paid. Green Hybrids pay scale is most likely to be
challenged as
a. illegal.
b. unprofitable.
c. unconscionable.
d. unethical.
Sal assures Tom that she will deliver a truckload of hay to his cattle ranch. A persons
declaration to do a certain act is part of the definition of
a. an expectation.
b. a moral obligation.
c. a prediction.
d. a promise.
Rosario is a chef and caterer who hires out on a per-project basis to companies with
on-location work sites, as well as to hosts of banquets, corporate meetings, concerts,
weddings, and other events. In this capacity, Rosario is
a. an agent.
b. an employee.
c. an independent contractor.
d. a principal.
GetTogether, A Social Media Company encourages its managers to behave ethically,
reasoning that lower-level employees will take their cues from management. One of the
most important ways to create and maintain an ethical workplace is for GetTogethers
management to
a. demonstrate a commitment to ethical decision making.
b. discreetly engage in unethical or illegal acts.
c. look the other way when an employee engages in an unethical act.
d. direct employees to “do as we say, not as we do.
Nonny agrees to buy a unique collection of Olympics memorabilia for $7,000 from
Piper and sends $1,500 as a down payment. When Nonny sends Piper the rest of the
price, she refuses to ship the collection. Nonny should seek
a. damages.
b. quasi-contractual recovery.
c. rescission.
d. specific performance.
Effortless Workouts, Inc., offers to sell a treadmill to Farouk and sends it to him on a
trial basis. This is
a. abailment.
b. adelivery ex-ship.
c. asale on approval.
d. a sale or return.
Ambrose enters into a contract to buy 350 acres from Belle Vista Farms to cultivate
grapes and open a winery.
If Ambrose breaches the contract, Belle Vistas remedy would most likely be
a. a certain ratio of the amount that Ambrose expected to invest in the project.
b. a percentage of Ambroses unrealized profit.
c. the difference between the lands contract and market prices.
d. specific performance.
Farouk uses his computer to break into Global Financial Centers computer. Farouk is a
a. hacker.
b. virus.
c. phisher.
d. worm.
Congresswoman Smith and other politicians want to prohibit the import of certain
genetically modified agricultural products that they believe may pose a danger to
domestic crops. With respect to these products import, Congress can
a. do nothing.
b. impose quotas, but not tariffs.
c. impose tariffs, but not quotas.
d. prohibit the imports.
Marcos buys a pneumatic drill from NuTools, Inc. Owen leases a table saw from
Piecework Tools Sales & Lease Company. Later, Marcos and Owen become aware of
defects in the goods that indicate breaches of warranty. An action for breach of warranty
accrues when
a. the seller or lessor tenders delivery.
b. the buyer or lessee becomes aware of the breach.
c. the nonbreaching party notifies the breaching party of the breach.
d. four years have passed since the breach occurred.
Geri is a minor. Without her parents knowledge, she signs a contract to buy an airline
ticket to Hawaii for spring break. Geris parents are liable for
a. the entire price of the ticket.
b. no part of the price of the ticket.
c. up to half of the price of the ticket.
d. up to two-thirds of the price of the ticket.
Intoxicated but still capable of comprehending the consequences of her actions, Cricket
signs a contract to sell her phone app design to Downloads, Inc. This contract is
a. unenforceable because Cricket was intoxicated.
b. enforceable.
c. unenforceable if Cricket disaffirms it.
d. unenforceable if Downloads disaffirms it.
Much of American law is based on
a. the English legal system.
b. the French legal system.
c. Greek civil law.
d. ancient Chinese law.
Orchid and Peony enter into a contract for the sale of Orchids textbook at the end of the
fall semester for which Peony agrees to pay Orchid $75. Peony wants to transfer her
right to payment for the book to Queenie. This transfer
a. is prohibited.
b. may be oral or written.
c. must be implied.
d. must be in writing.
Destiny and Enzo engage in a business transaction for the creation and baking of a cake
and other pastries and desserts for Destinys wedding dinner and reception. When a
dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo
files a motion to dismiss,he is asserting that
a. Destiny did not state a claim for which relief can be granted.
b. Destinys statement of the facts is not true.
c. Destinys statement of the law is not true.
d. Enzo suffered greater harm than Destiny.
Hillside Vineyards is a family limited liability partnership. All of the partners must be
a. natural persons only.
b. natural persons or persons acting as fiduciaries for natural persons.
c. persons acting as fiduciaries for natural persons only.
d. related.
Bean House Coffees and Java Distributors, Inc., have a long-standing business
relationship that they would like to continue. For this reason, they may prefer to settle
any dispute between them through mediation because
a. the case will be heard by a mini-jury.
b. the dispute will eventually go to trial.
c. the process is not adversarial.
d. the resolution of the dispute will be decided an expert.
Congress may tax some states and exempt others.
An intoxicated person, after becoming sober, may ratify a contract expressly or
impliedly.
In most illegal contracts, both parties are considered to be equally at fault, and neither
party can enforce it or recover damages under it.
An “offer to sell an item on an online auction site generally is treated an invitation to
negotiate.
The only defense to criminal liability that justifies the use of force is self-defense.
A transfer of contract duties to a third party is an assignment.
Raconteur Data Analysis Corporation in Seattle, Washington,offers a job to Trista, who
lives in Utah. Tristaorally agrees to work for Raconteur for two years. She moves her
family to Seattle and begins work. Three months later, she is fired for no stated cause.
She files a suit against Raconteur for reinstatement or pay. Raconteur pleads the lack of
a written contract. In whose favor is the court likely to rule, and why?
The crime of theft requires only the taking of another persons property, not the
awareness that the property belongs to another.
Limited liability companies are entities apart from their owners.
Like Social Security, Medicare is funded by contributions from the employer and the
employee.
Courts apply the assumption of risk doctrine only in emergency situations.
The right to cure is the right of a party who tenders nonconforming performance to
correct his or her performance within the contract period.
The use of additional evidence distinguishes the motion for summary judgment from
the motion for judgment on the pleadings.
When the dominant party in a fiduciary relationship benefits from that relationship, a
presumption of undue influence arises.
Damages that compensate the nonbreaching party for the loss of a bargain are known as
consequential damages.
In a phishing attack, a perpetrator “fishes for financial data and passwords from
consumers by posing as a legitimate business.
If a person in custody is to be subjected to interrogation, he or she must first be
informed in clear and unequivocal terms that he or she has the right to remain silent.