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Which of the following is true regarding the effect of a debtor offering to pay less
money than is owed as full payment on a debt when the debt itself, in its entirety, is in
dispute, and the creditor agrees?
A. A liquidated debt is involved, and there is an accord and satisfaction.
B. A liquidated debt is involved, and there is an accord but no satisfaction.
C. A liquidated debt is involved, and there is neither a satisfaction nor an accord.
D. An unliquidated debt is involved, and there is an accord and satisfaction.
E. An unliquidated debt is involved, and there is an accord but not satisfaction.
Which of the following was the result on appeal in Miller v. Bill & Carolyn Ltd. P'Ship,
the case in the text involving whether a bankruptcy trustee was entitled to dissolution of
a limited partnership in which the debtor was a limited partner?
A. On the basis that it was not reasonable to expect the partnership to continue in
business in conformity with the partnership agreement, the court reversed the
Bankruptcy Appellate Panel's ruling and found that the trustee was entitled to
dissolution of the partnership.
B. On the basis that the partnership agreement's stated purpose did not conform to the
representations made at trial regarding the partnership's business interests, the court
upheld the Bankruptcy Appellate Panel's ruling that the trustee was entitled to
dissolution.
C. Finding that as a matter of law the bankruptcy trustee was entitled to choose at his
option whether or not to seek dissolution, the court reversed the Bankruptcy Appellate
Panel's decision refusing to uphold the trustee's motion seeking dissolution.
D. Finding an absence of evidence indicating that it was not reasonable practicable for
the partnership to carry on its business in conformity with the partnership agreement,
the court upheld the Bankruptcy Appellate Panel's decision refusing to require
dissolution.
E. Finding that the debtor was willing to continue as both a general and limited partner,
the court upheld the Bankruptcy Appellate Panel's decision refusing to require
dissolution.
"The Big Sale." Christy, the owner of ABC department store, needed to hire a number
of employees in a hurry because of a big summer sale she was planning. Bob was hired
by Christy to run a cash register and to assist customers with taking large purchases to
their cars. Bob encountered a particularly annoying customer, Frank. Frank started
complaining the minute he saw Bob. Frank complained about having to wait for Bob to
assist him with carrying his television purchase to his car, about the merchandise in the
store, and about the quality of the store's employees. Bob tried to control himself while
he carted Frank's television to the car. The final straw, however, came when Bob told
Frank that he should get the earring out of his ear, cut his hair, and act professionally.
Bob threw the television to the ground and punched Frank in the nose. Frank did
investigation and discovered that Bob has been fired from his previous three jobs for
taking violent action against customers. Two of his former employers are willing to
testify that if Christy had called them, they would have disclosed Bob's tendencies to
her. Bob listed the former employers on his application, but because she was in a hurry
to hire employees, Christy did not take the time to check with the former employers.
Another problem confronting Christy during the big sale is that Susie, a long-time
employee of Christy who had never caused any problem before, accidentally, but
negligently, dropped a box on the foot of Greg, a customer. Greg had to have an X-ray
and is threatening to sue both Christy and Susie.
Which of the following is true regarding whether Greg has any right of recovery against
Susie for his injured foot?
A. Greg has no right of recovery against Susie because of her status as an employee.
B. Greg has no right of recovery against Susie because she did not intentionally harm
him.
C. Greg has a right of recovery against Susie only if Christy cannot be located for
service of process.
D. Greg has a right of recovery against Susie only if Christy is bankrupt.
E. Greg has a right of recovery against Susie.
If a piece of property is divided and one portion is landlocked as a result, an easement
by ______ is created.
A. Prescription
B. Express need
C. Necessity
D. Implication
E. Requirement
