Business law Mid-term #2 part 2

Samson is a government employee. Samson is limited in drug testing by the

4th amendment

Fancy Feedlot orders one hundred sacks of cattle feed from Bovine Feeders, Inc. Each bag has the words "Twenty percent protein" printed on the front. This is

an express warranty

Dan, a computer programmer, holds a garage sale to sell a lawnmower, some clothes, some CDs and some old clothes. Will, a lawyer, sells Thelma his collection of seashells. Philip, a CEO of a successful company, sells George his pet parakeet. Judy, an expert horse trainer, sells Bob a horse. Which person would be considered a merchant under the UCC?

Judy

Donna goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when

a debtor's creditors force the debtor into bankruptcy proceedings

Bess wishes to appeal a decision of a bankruptcy court. Bess may appeal to

a federal district court

Peter, an agent for Zippy Cars, Inc., writes a letter to Cassandra on March 1 stating that he will sell her a 2011 Suburu Outback for $20,000 between March 1 and April 30. Peter's letter to Cassandra is

a firm offer

Muffins-2-Go buys a truck from Street Vehicles, Inc., under a contract signed by Riley, Muffins-2-Go's president, making him personally liable if Muffins-2-Go does not pay the loan. Riley is

a guarantor

Orange Manufacturing Corporation (OMC) orders twelve job-training and on-the-job safety DVDs from Plum Productions, Inc., which delivers the disks to OMC's plant. This is most likely

a sale of goods

Sela agrees to act on Thom's behalf, subject to Thom's control, and Thom trusts Sela to so act. They set out the terms in a written document, which they both sign. This is

an agency by agreement

Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to approve the contract. This is

an agency by ratification

Sigrud buys spiked mountain-climbing shoe from Rockridge Gear Store. The spikes come out of the shoes when Sigrud in on the side of a mountain, causing her to be injured in the fall. Rockridge breached

an implied warranty of fitness for a particular purpose

Ester is a lighting technician who hires out on a per-project basis to film and television production companies, as well as theatres and other venues that stage dramatic and musical performances. In this capacity, Ester is

an independent contractor

To obtain office supplies for All-Care Medical Clinic, Britney executes a draft in favor of Chris. A draft is

an unconditional written order to pay money

Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her

annual wage base

To borrow money to finance the start-up of his business, Bob executes an instrument in favor of City Bank. For the instrument to be negotiable, the signature must be

anywhere on the instrument

Roland files for Chapter 7 bankruptcy. After all his assets have been sold and the proceeds distributed among his creditors, Roland's remaining debts

are discharged

Clara is a salesperson in The Corner Store. When Carla makes a sale to Jenny, the sale is

binding on The Corner Store

Screen Perfect, Inc., and TV Stores enter into a contract for a sale of high-definition television sets. Screen Perfect ships goods that do not exactly conform to the contract in some details. TV Stores

can reject the entire shipment

If a bank is both the drawer and the drawee with regard to a draft, then the draft is a

cashier's check

Pine Mills Corporation and Ur-Choice Lumberyards enter into a contract for a sale of plywood. Under a destination contract, the seller must

deliver the goods to a particular destination

Dina asks Edie to co-sign a credit application so that she can borrow money and buy a piano from First Chair, a musical instruments and supplies seller. If, after the loan agreement is signed, Dina agrees to a higher rate of interest without telling Edie, then Edie is

discharged from the agreement

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

exactly conform to the contract in every detail

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

forty hours a week

Regional Wood Products Company and Sylvia enter into a contract for a sale of lumber. Regional knows the purpose for which Sylvia will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises

if the seller is a merchant who deals in goods of the kind sold

Precise GPS Company's ad states that its product is "the finest that money can buy." Because of this ad, the Federal Trade Commission is most likely to issue

none of the choices

Karen writes on a piece of paper, "I owe you $600," signs it, and gives it to Lou. This instrument is

nonnegotiable, because it does not include an express promise to pay

Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting. Under a shipment contract, the seller must

place the goods into the hands of a carrier

Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber. In this relationship, Jackson Lumber is the

principle

Community Construction Corporation offers to buy from Solid Cement Company a certain quantity of cement for a certain price. Solid can accept the offer by:

promising to ship or promptly shipping the cement

Equipment Rental Corporation and Floodlights, Inc., are partied to an oral agreement for a lease of goods with payments in excess of $10,000. They may satisfy the Statute of

seeking out the terms in an email

Robert is selling his used lawnmower. He wants to disclaim any implied warranties. Robert

should include a written disclaimer that the lawnmower is being sold "as is"

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least

sixty days notice

To obtain a business license, Bess writes a check to a certain state agency. Bess is

the drawer

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants

under no circumstances

On January 10, Winchester Pet Supplies orders fifty small dog collars from Quality Collars, Inc. to be delivered on January 15. On January 13, Quality Collar tenders fifty large dog collars. Winchester Pet Supplies rejects the shipment. Quality Collars has

until January 15 to cure