LAW Final Pt. 2

To determine if a party has a sufficient interest in the insured item to obtain a valid policy, insurance laws, not the UCC, are used. a. True b. False

True

Under a shipment contract, the seller is required only to deliver the goods into the hands of a carrier, and title passes to the buyer at the time and place of shipment. a. True b. False

True

Without an explicit agreement to the contrary, title passes to the buyer at the time and the place the seller performs by delivering the goods. a. True b. False

True

The buyer must reject the goods within a reasonable amount of time after delivery of nonconforming goods and must notify the seller in a timely manner. a. True b. False

True

The WARN Act applies to employees with at least BLANK full-time employees.

100

Title VII applies to employers with BLANK or more employees.

15

In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under BLANK

42 U.S.C. Section 1981

The FMLA affects employers who have at least BLANK employees.

50

The NLRB requires that a company hold a pre-election hearing within BLANK days after it receives a petition for an organizing election.

8

Agency

A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).

Right-to-work laws

A state law providing that employees may not be required to join a union as a condition of retaining employment.

In which situations may the courts find an agency relationship in the absence of a formal agreement? Choose two. a. In family relationships b. In commercial transactions c. In emergency situations d. In creation of intellectual property

A, C

When an agent fails to perform his or her duties, for what may the agent be liable to the principal? Choose two. a. Breach of contract b. Misappropriation c. Invasion of privacy d. Administrative injunction e. Tort liability

A, E

What is one way for a plaintiff to prove a disparate impact?

By comparing the employer's workforce to the pool of qualified individuals available

The federal agency that monitors compliance with Title VII is the BLANK

Equal Employment Opportunity Commission

Because discrimination law is primarily federal, states are not allowed to pass laws that ban affirmative action or protect classes other than those in the federal laws. a. True b. False

False

Employers may form company unions when no employer union is available. a. True b. False

False

If necessary, strikers may legally remain in the plant without working and engage in secondary boycotts in order to encourage good faith bargaining. a. True b. False

False

Most strikes arise for societal reasons because the union wants to protect consumers from harm. A. True B. False

False

Only employees are covered by the National Labor Relations Act. a. True b. False

False

Punitive damages are always awarded to successful plaintiffs in sexual harassment claims, because in order to win the plaintiff must show at least negligence by the employer in handling the situation. a. True b. False

False

The Family and Medical Leave Act (FMLA) supersedes all state and local laws that provide more generous protection. a. True b. False

False

The Lily Ledbetter Act states that an employee who claims she has received discriminatory wages has a limited time period with which to file a complaint in federal court. a. True b. False

False

The Unformed Services Employment and Reemployment Act of 1994 (USERRA) specifies that veterans remain employees at will in their private workplaces. A. True B. False

False

There is no limitation of how much initiation fees or dues may be imposed by a union on its members. a. True b. False

False

When extensive collective bargaining has been conducted and an impasse results, the union may not call a strike against the employer without obtaining permission from company officials. a. True b. False

False

Which of the following laws does NOT relate to the regulation of wages and working hours?

The National Recovery Act

An employer may not use a lockout as a tool to break a union and pressure employees into decertification. a. True b. False

True

Constructive discharge occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit. a. True b. False

True

In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action lawsuit. a. True b. False

True

In a retaliation claim, an individual asserts that he or she has suffered harm as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding. a. True b. False

True

In order for the appropriate bargaining unit to be established, there must be a mutuality of interest among all of the workers to be represented by the union. a. True

True

Once a union has been certified, an employer must recognize and bargain in good faith with the union. Failure to do so is an unfair labor practice. a. True b. False

True

The Equal Pay Act requires equal pay for male and female employees working at the same establishment doing similar work. a. True b. False

True

The USERRA protects civilian jobs rights and benefits for members of the military, former military personnel, and reservists. It all provides additional protections for veterans who are disables. A. True B. False

True

The most common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates a fundamental public policy of the jurisdiction. a. True b. False

True

Title VII of the Civil Rights Act prohibits government employers, private employers and unions from discriminating against persons because of their religion. a. True b. False

True

To a large extent, statutory law has displaced common law doctrines that apply to employment relationships. a. True b. False

True

Under the Fair Labor Standards Act, eligible employees may take up to twelve weeks of leave within a twelve-month period to care for the employee's spouse, child, or parent who has a serious health condition. a. True b. False

True

Union shops are technically illegal in the states that have right-to-work laws. a. True b. False

True

When a title document is required, title passes to the buyer when and where the document is delivered. a. True b. False

True

Protected class

a class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. Depending on the content, these characteristics could include age, color, gender, national origin, race and religion

Employment at will

a common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise

Business necessity

a defense to changes of illegal discrimination that the discrimination was required for legitimate, job-related reasons

Seniority system

a defense to charges of apparent discrimination when workers with more years of service are promoted first or laid-off last

BFQQ

a defense to charges of illegal discrimination, that the discrimination should be allowed so that the business may operate normally and within the bounds of societal expectations. Race is not allowed in this defense.

Acceptable documents verifying legal eligibility to work include all of the following EXCEPT:

a driver's license

Closed shop

a firm that requires union membership as a condition of employment; the closed shop was made illegal by the Labor Management Relations Act of 1947

Disparate-impact discrimination

a form of employment discrimination that occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory

Disparate-treatment discrimination

a form of employment discrimination that results when an employe intentionally discriminates against employees who are members of a protected class

Union shop

a place of employment in which all works, once employed, must become union members within a specified period of time as a condition of their continued employment

Affirmative action

a program that uses past discrimination to justify giving members of protected classes preferential treatment in hiring and promotion

Notary public

a public official authorized to attend to the authenticity of signatures

Secondary boycott

a union's refusal to work for, purchase from, or handle the products of a secondary boycott, with whom the union has no dispute, for the purpose of forcing that employer to stop doing business with the primary employer, with whom the union has a labor dispute

Power of attorney

a written document authorizing another to act as one's agent; can be special such as permitting the agent to do specified acts only, or it can be general, such as permitting the agent to transact all business for the principal

Maria works for MegaCorp, a large privately owned company specializing in sales of ball bearings. MegaCorp introduces filtering software to block access to certain non-work related Web sites, as well as sites containing sexually explicit images. Would Maria be successful if she legally challenged the new policy? a. No, because private employers generally are free to use filtering software to block access to certain Web sites. b. No, because the Employee Polygraph Protection Act permits employees to refuse to tell employers about their Internet use at work. c. Yes, because Maria's Internet use is protected by the First Amendment. d. Yes, because the Electronic Communications Privacy Act prohibits employers from intercepting electronic work communications.

a. No, because private employers generally are free to use filtering software to block access to certain Web sites.

Meg needs an electrician to do some work at her home. Her father advises her to make sure that the firm she plans to hire is not a closed shop. Meg is not sure what this means, but later learns that the "closed shop" that her father was referring to is: a. a firm that requires union membership by its workers as a condition of employment. b. a firm that prohibits any efforts to introduce a union among its employees. c. a place of employment in which most of the workers are union members. d. a firm that keeps its doors closed to union members.

a. a firm that requires union membership by its workers as a condition of employment.

Jamel hires independent contractor Stevenson to create users' manuals for Jamel's small appliances. Jamel: a. can create an agreement in writing that designates Stevenson's work as work for hire. b. cannot own the copyright to the manuals because Stevenson created them. c. will violate Stevenson's rights if he requires a work for hire document. d. automatically owns the copyright to the manuals because he paid Stevenson to create them.

a. can create an agreement in writing that designates Stevenson's work as work for hire.

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. disparate-treatment discrimination. b. disparate-impact discrimination. c. primary-treatment discrimination. d. direct-treatment discrimination.

a. disparate-treatment discrimination.

Members of the Service Workers Union (SWU) are preparing to strike, as negotiations with their employer, Holiday Hotels, have broken down. However, SWU's current collective bargaining agreement with Holiday Hotels has a no-strike clause, a provision in the agreement in which the SWU promised that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. SWU leadership wants to ignore the no-strike clause and strike anyway. This decision is: a. illegal because a no-strike clause is an enforceable term of a collective bargaining agreement. b. legal because the SWU engaged in good faith negotiations, which nullifies the no-strike clause. c. illegal because unions may not strike unless given permission by the National Labor Relations Board. d. legal because a no-strike clause is an illegal contract term and thus unenforceable.

a. illegal because a no-strike clause is an enforceable term of a collective bargaining agreement.

Members of the Metal Workers Union are in negotiations with MetalCo, their employer. Union members want MetalCo to agree to not handle or use any materials provided by MetalCo's suppliers that employ nonunion employees. This practice: a. is not permitted because it is an illegal hot-cargo agreement. b. is permitted as a negotiating strategy in collective bargaining. c. is not permitted because it comprises an illegal closed union shop. d. is permitted unless MetalCo has established contracts in place with its suppliers.

a. is not permitted because it is an illegal hot-cargo agreement.

Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some clothes that are supposed to be dry-cleaned in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss' actions. Erin tells no one else about what is going on and is later fired. Erin: a. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation. b. is protected by the whistleblower statute in her state because she spoke up about her employer's actions. c. will be reinstated to her former job, because when she told the courier of the problem she was merely exercising her First Amendment right to free speech. d. is not protected by the state whistleblower statute. It is inapplicable because the contract was with the federal government.

a. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation.

An agent's authority to act for a principal: a. may be actual or apparent. b. must always be in writing. c. can be expressed only.

a. may be actual or apparent.

With respect to a worker's health-care coverage, when an employee takes FMLA leave, the employer: a. must continue the coverage on the same terms as if the employee had continued to work. b. can ask the employee on FMLA leave to pay a higher health insurance fee. c. can ask the employee on FMLA leave to accept reduced health insurance benefits.

a. must continue the coverage on the same terms as if the employee had continued to work.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. quid pro quo harassment. b. invidious harassment. c. hostile-environment harassment. d. settled harassment.

a. quid pro quo harassment.

An agent will have emergency powers: a. to protect the principal's property and rights when the agent is unable to communicate with the principal. b. when the agent is on the phone. c. when the principal is on the phone.

a. to protect the principal's property and rights when the agent is unable to communicate with the principal.

Sarah is employed at Tulip Factory, Inc., as an accountant. Sarah takes military leave and two months later returns from military service. Tulip Factory managers offer Sarah a new job as a junior bookkeeper. This decision: a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service. b. violates the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) because returning service members are to be reemployed in the job of their choice. c. does not violate the USERRA because returning service members have no special claim to employment at their employer from which they took military leave. d. does not violate the USERRA because returning service members are to be reemployed in any job that is available.

a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service.

Kurt is fifty-two years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. was replaced by someone who was below the age of forty. b. was qualified for the job he lost. c. was discharged in a way that creates an inference of discrimination. d. is a member of the protected age group.

a. was replaced by someone who was below the age of forty.

In order to comply with current immigration laws, employers must verify a new hire's right to work through completion of:

an I-9 Employment Eligibility form

Cease-and-desist order

an administration or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal

Hot-cargo agreement

an agreement in which employers voluntarily agree with unions not to handle, use, or deal in nonunion-produced goods of other employers

Whistleblowing

an employee's disclosure to government authorities, the press or upper-management that the employer is engaged in unsafe or illegal activities

Wrongful discharge

an employer's termination of an employee's employment in violation of an employment contract or laws that protect employees

When a third party reasonably believes a person has authority to act on another's behalf, even if that person does not have such authority, the situation is known as....

apparent authority

Implied authority

authority to do what is reasonably necessary to carry out express authority and accomplish the objectives of the agency

Apparent authority

authority waring from what the principal causes a third party to believe. When the principal, by either word or action, causes a third party to reasonably believe that the agent has authority to act, even though the agent has no express or implied authority

Which of the following is NOT considered good faith collective bargaining? a. Negotiating with the belief that an agreement is possible b. Constantly shifting positions on disputed contract terms c. Seriously considering the other side's positions d. Making reasonable proposals e. Sending bargainers who have the authority to enter into agreements for the company

b. Constantly shifting positions on disputed contract terms

Lizzie works for Gary in his dance supply shop and is authorized to sell inventory but not to order new merchandise. Rena, a sales representative for a new line of dance wear, comes into the store, and Lizzie places an order with her. When Gary learns the details of Lizzie's purchase, he wants to ratify the contract. The one condition that is NOT necessary for ratification is: a. Rena and Gary must have legal capacity to engage in the transaction. b. Rena must withdraw from the transaction before Gary ratifies it. c. Gary must affirm Lizzie's order in its entirety. d. Gary must know all the material facts about the transaction.

b. Rena must withdraw from the transaction before Gary ratifies it.

Discrimination that is not based on ability to perform the functions of the job, but that is societally necessary (meaning the class of people being denied employment could perform the functions of the job, but for some reason society requires that they not be hired) is justified by: a. business necessity. b. a BFOQ. c. a seniority system

b. a BFOQ.

An ordinary power of attorney ends when: a. a person giving the power turns 65 years old. b. a person giving the power dies or becomes incapacitated. c. the person giving the power dies and his or her heirs inherit it.

b. a person giving the power dies or becomes incapacitated.

Laura and Juan have an agreement where Laura will sell Juan's baseball card collection while he is out of the country. Juan does not give any specific instructions on how this should be done. To fulfill her duty of obedience, Laura must: a. not perform on the contract and is excused from performance. b. act in good faith. c. seek out instructions from Juan's closest relative. d. request specific instructions in writing.

b. act in good faith.

Napoleon owns Napoleon's Construction and agrees to renovate Mrs. Cernan's bathroom. She will provide him with the plans and then he will do the work in the manner he determines is most cost effective and appropriate. Napoleon is likely to be classified as: a. an employee. b. an independent contractor. c. a disclosed principal. d. a partially disclosed principal.

b. an independent contractor.

Dean is not Paul's agent, but Paul tells Charlie that Dean has always been a good friend and can "handle any of my business affairs." If Dean were to later enter into a contract with Charlie on Paul's behalf, Dean would be acting under an: a. express authority. b. apparent authority. c. implied authority. d. obvious authority.

b. apparent authority.

Jason instructs his agent Miguel to obtain a piece of artwork from Martina by threatening to beat her if she refuses to sell the artwork. Miguel follows Jason's instruction and beats Martina when she refuses to sell the item. In this situation: a. Martina cannot recover damages for her injuries in court because Miguel was acting as an agent. b. both Jason and Miguel are liable for Martina's injuries. c. Miguel can seek an indemnification against Jason. d. Miguel alone is liable for Martina's injuries.

b. both Jason and Miguel are liable for Martina's injuries.

Melinda is a leader of a group attempting to unionize employees of an automobile factory. Melinda asks workers to stop what they are doing on the assembly line in order to read a flyer and fill out a three page survey. Managers of the automobile factory: a. cannot prevent employees engaging in any unionization activities under any circumstances. b. can prevent Melinda's unionization activities if it has a legitimate business reason for doing so. c. can prevent unionization activities by its employees at any time and for any reason. d. cannot prevent Melinda's unionization activities unless imminent health and safety issues are at stake.

b. can prevent Melinda's unionization activities if it has a legitimate business reason for doing so.

The practice of featherbedding involves a union requiring: a. employers to provide more amenities and lunchrooms. b. employers to hire more employees than necessary. c. employers to reduce the workforce to be more efficient.

b. employers to hire more employees than necessary.

BigCo's unionized employees and management are involved in difficult negotiations. Union members want to put pressure on BigCo executives to reach an agreement. Union members decide to direct a boycott against BigCo's leading customers in order to pressure BigCo to agree with the union's proposed terms. This action: a. is an illegal wildcat strike. b. is an illegal secondary boycott. c. is a permissible negotiating strategy in all cases. d. is a permissible negotiating strategy except when union members are divided.

b. is an illegal secondary boycott.

Toffel Manufacturing has been requested by its employees' union to bargain with it. Union representatives express interest in negotiating wages and working hours for its workers. Management at the company declines to bargain with the union because any renegotiation would increase the company's operating costs. Toffel Manufacturing's refusal to bargain: a. is not permitted because employers must bargain with a union whenever the union requests to do so. b. is not permitted because employers and unions have a duty to bargain in good faith, and bargaining is mandatory for subjects relating to wages or working hours. c. is permitted because an employer cannot be forced to bargain on subjects that it does not wish to negotiate. d. is permitted except when an employer is under financial distress.

b. is not permitted because employers and unions have a duty to bargain in good faith, and bargaining is mandatory for subjects relating to wages or working hours.

Kim hires Michelle to go to the art gallery and purchase a specific painting for him. The painting costs $1,500. Because this is the purchase and sale of goods for more than $500, the contract for the painting must be in writing. In order to have a legal purchase of the painting, Kim: a. may have Michelle sign on his behalf based on their verbal agency agreement. b. may have Michelle sign on his behalf if the agency agreement is in writing. c. must have Michelle bring the contract to him for his original signature. d. must not have Michelle hired as his agent.

b. may have Michelle sign on his behalf if the agency agreement is in writing.

Cheryl knows that Jake is looking to buy a new scooter. She sees one that would be perfect and negotiates with the seller on Jake's behalf. She signs a contract for the scooter using her name but clearly indicating that she is working for Jake. She actually is not. When Jake sees the scooter, he loves it and agrees to pay the contract price. If agency exists in this situation, it is agency by: a. operation of law. b. ratification. c. estoppel. d. agreement.

b. ratification.

Mitchell hires Christina to go from Florida to New York and negotiate a contract for his company. He gives her specific instructions on what should be in the contract and a written letter that gives her authority to sign on his behalf. Christina books a plane ticket, flies to New York, hires a cab, and successfully negotiates the contract. If Christina is paid for the plane ticket and cab fare, as well as meals while in New York, it is most likely under the principal's duty of: a. cooperation. b. reimbursement. c. travel coverage. d. compensation.

b. reimbursement.

When Kimberly begins working for Pharmco Industries, the company tells her that at a future date, after so many years of employment with the company, she can receive retirement pay. Her rights to receive pay upon retirement would be considered: a. accrued. b. vested. c. sheltered. d. inferred.

b. vested.

When USERRA-covered employees return from services, they are to BLANK

be reemployed in the jobs that they would have attained had they not been absent

A legitimate requirement of a job that discriminates against a protected class of people would be considered a(n)

business necessity

Grocer's Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 (FMLA) to provide employees with up to: a. 10 weeks of unpaid family or medical leave during any 12-month period. b. 24 weeks of unpaid family or medical leave during any 12-month period. c. 12 weeks of unpaid family or medical leave during any 12-month period. d. 5 weeks of unpaid family or medical leave during any 12-month period.

c. 12 weeks of unpaid family or medical leave during any 12-month period.

Which of the following reasons is an employee NOT able to use as unpaid leave granted by the Family and Medical Leave Act? a. To care for a newborn baby within one year of birth. b. To care for an adopted or foster child within one year of the time the child is place with the employee. c. For routine annual medical checkups and general maintenance. d. For any qualifying exigency, or nonmedical emergency, arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty.

c. For routine annual medical checkups and general maintenance.

Byron works at Stich-Rite Clothing Factory. The company is required to maintain safe working conditions under the: a. Safety and Health Organization Act. b. Occupational Health Act. c. Occupational Safety and Health Act. d. Hazardous Workplace Act.

c. Occupational Safety and Health Act.

Patricia hires Albert to sell Patricia's expensive sports car. Albert agrees on a sale with Zeke, who wants to purchase the car for its powerful engine and well-kept condition. Albert does not disclose Patricia's identity to Zeke. Albert also does not disclose the fact that Albert is an agent for someone else. Zeke tenders the purchase price to Albert, but Patricia refuses to deliver the car as agreed. In this situation: a. Patricia is not bound to perform because Albert did not act within the scope of his authority. b. Patricia is not bound to perform because Patricia's identity was not disclosed. c. Patricia is bound to perform. d. Patricia is not bound to perform because the agency relationship was not disclosed.

c. Patricia is bound to perform.

One of the major federal laws dealing with layoffs is the: a. American Recovery Act. b. Minimum Wage Act. c. The Worker Adjustment and Retraining Notification Act (WARN)

c. The Worker Adjustment and Retraining Notification Act (WARN)

What rights do strikers have after a strike ends? a. They are guaranteed the right to return to their jobs if replacement workers have been found. b. They have no guarantees whatsoever. c. They are guaranteed to return to their jobs after the strike if no satisfactory replacement workers have been found.

c. They are guaranteed to return to their jobs after the strike if no satisfactory replacement workers have been found.

Gina buys a piece of pottery from Woodward for her principal, Kelvin. If Woodward knows that Gina is buying the pottery on behalf of someone other than herself but does not know the identity of that person, Kelvin is: a. an undisclosed principal. b. an agent for Woodward. c. a partially disclosed principal. d. an independent contractor working for Gina.

c. a partially disclosed principal.

Dara gives her agent, Marla, money to purchase a new commercial oven. Marla takes the money and deposits it into her personal checking account. Marla then accidentally spends some of Dara's money. Marla has violated her duty of: a. loyalty. b. payment. c. accounting. d. cooperation.

c. accounting.

Affirmative action programs: a. have been widely adopted by private and government employers. b. have always been optional for all employers. c. are controversial because they are seen as reverse discrimination.

c. are controversial because they are seen as reverse discrimination.

Charlie tells Jamal that Marisol has agreed to allow him to sell her racing bicycle. Marisol is present at the time, hears the conversation, and says nothing. Jamal agrees with Charlie to buy Marisol's bike. Marisol then refuses to sell the bicycle. Marisol claims that she is not bound by the agreement formed by Charlie and Jamal because Charlie is not her agent. Marisol likely is: a. bound by the contract, under a theory of agency by operation of law. b. not bound by the contract because of a rescission. c. bound by the contract, under a theory of agency by estoppel. d. not bound by the contract because she did not have an agency agreement with Charlie.

c. bound by the contract, under a theory of agency by estoppel.

Judy's cousin, Skip, tells Judy that he will sell her car for her when she leaves the country for a church mission for two years. Skip tells her that he will do it for no charge to her. While Judy is gone, Skip forgets about the agreement and does not attempt to sell the car. Judy: a. can sue Skip under tort law because he was negligent in not selling the car. b. cannot sue Skip because they are cousins. c. cannot recover anything from Skip because he had no duty to perform since he was a gratuitous agent. d. can sue Skip for breach of contract for failure to perform.

c. cannot recover anything from Skip because he had no duty to perform since he was a gratuitous agent.

The University Smyth has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy is likely a violation of the: a. access to education clause. b. establishment clause. c. equal protection clause. d. advancement clause.

c. equal protection clause.

Jonah owns a food processing company. His business was recently raided by U.S. Immigration and Customs Enforcement agents based on a tip that he was employing undocumented workers. In defending against this charge, Jonah may assert any of the following except: a. good faith by the employer. b. reliance upon documents that appear genuine but are subsequently proven to be counterfeit. c. failure to maintain proper paperwork evidencing the right to work. d. the absence of intent to violate immigration laws.

c. failure to maintain proper paperwork evidencing the right to work.

Selma, an elderly widow, gives her young neighbor, Steven, written power of attorney. This means that Steven now: a. is an undisclosed principal. b. has implied authority, but not express authority, to act as Selma's agent. c. has express authority to act as Selma's agent. d. is a disclosed principal.

c. has express authority to act as Selma's agent.

Mary is a data-entry employee at Computer Services, Inc., a small computer company. Mary's sole job is to input information into a computer from paper invoices and spreadsheets. Mary develops chronic carpel tunnel syndrome, rendering her unable to type. As a reasonable accommodation, she requests that her employer hire a new employee to do the data entry on her behalf. Mary's request: a. is not a reasonable accommodation because Mary does not qualify as disabled under the ADA. b. is a reasonable accommodation under the Americans with Disabilities Act (ADA), which her employer is legally bound to accommodate. c. is not a reasonable accommodation because Mary's request would place an undue hardship on the company. d. is a reasonable accommodation under the ADA, because an employer must accept the accommodation preferences of the employee.

c. is not a reasonable accommodation because Mary's request would place an undue hardship on the company.

John works at San Marino Food Store as an assistant store manager. John's boss, Michael, does not approve of John's interest in football. Michael believes that baseball is the better sport. As a result, Michael fires John. Assuming no other contractual relationship exists between John and his employer, John: a. is protected from wrongful discharge by the exception based on contract theory. b. is protected from wrongful discharge by the exception based on tort theory. c. is not protected from discharge because he is an employee at will. d. is protected from wrongful discharge by the exception based on public policy.

c. is not protected from discharge because he is an employee at will.

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. can claim that Mohammed did not make out a prima facie case of illegal discrimination. b. can assert that its hiring practices are not intentionally discriminatory. c. may assert a bona fide occupational qualification (BFOQ) defense. d. can contend that the Equal Employment Opportunity Commission's (EEOC's) "eighty percent rule" is irrelevant when there is only one available job.

c. may assert a bona fide occupational qualification (BFOQ) defense.

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might have violated the Americans with Disabilities Act. b. might be engaged in disparate-harm discrimination. c. might be engaged in disparate-impact discrimination. d. has almost certainly done nothing wrong.

c. might be engaged in disparate-impact discrimination.

Negotiators representing Levesque, Inc., are in negotiation with the employees' union regarding terms of a new collective bargaining agreement. Levesque does not want to renegotiate, as it received favorable terms under the current agreement. In order to hold off the union as long as possible, Levesque has been giving unions reasons why they cannot negotiate right now for over eighteen months. This practice is likely: a. a permissible negotiating strategy because the union wants a new agreement. b. a permissible negotiating strategy because Levesque is motivated by a legitimate financial concern. c. not a permissible negotiating strategy because excessive delaying tactics constitute impermissible bad faith bargaining. d. is not a permissible negotiating strategy because it may trigger a union strike.

c. not a permissible negotiating strategy because excessive delaying tactics constitute impermissible bad faith bargaining.

Kera is an hourly employee of Xeon, Inc., who earns a wage of $10.00 an hour. During a busy season, Kera works fifty hours in one week. Xeon pays Kera $11.00 an hour for her overtime pay. Xeon is: a. in conformance with the Fair Labor Standards Act because Kera only worked fifty hours in one week, and thus she is not qualified for overtime pay. b. in conformance with the Fair Labor Standards Act (FLSA) because Xeon is paying an overtime rate. c. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 1.5 times Kera's regular pay for hours she worked over forty in one week. d. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 2.5 times Kera's regular pay for hours she worked over forty in one week.

c. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 1.5 times Kera's regular pay for hours she worked over forty in one week.

Francis drives a delivery truck for Weston Industries. In the middle of his delivery route, Francis stops to have a two-hour lunch with friends twenty miles away. While in the restaurant, Francis spills some water and another person falls on it. That person sues Weston Industries. To determine liability, a court would likely decide that Francis was acting: a. within the scope of employment. b. as a negligent agent. c. outside the scope of employment. d. in misrepresentation of Weston Industries.

c. outside the scope of employment.

Sarah has to move from the East Coast to the West Coast for her job. Elmo agrees to act as Sarah's agent to sell her New York condo. As her agent, Elmo owes Sarah all of the following duties except: a. performance. b. loyalty. c. payment. d. notification.

c. payment.

Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on: a. the Second Amendment. b. the Thirteenth Amendment. c. the Fourth Amendment. d. the Eighth Amendment.

c. the Fourth Amendment. d. the Eighth Amendment.

All of the following are employer practices unfair to labor under the National Labor Relations Act (NLRA) EXCEPT: a. Interference with the efforts of employees to form, join, or assist labor organizations or to engage in concerted activities for their mutual aid or protection. b. An employer's domination of a labor organization or contribution of financial or other support to it. c. Discrimination in the hiring of or the awarding of tenure to employees for reason of union affiliation. d. Discrimination in the payment of wages and benefits according to the skill and ability of the workers employed by the employer. e. Discrimination against employees for filing charges under the NLRA or giving testimony under the NLRA. f. Refusal to bargain collectively with the duly designated representative of the employees.

d. Discrimination in the payment of wages and benefits according to the skill and ability of the workers employed by the employer.

Julie's father has been diagnosed with dementia and Julie needs to be home to take care of him for six consecutive weeks. Julie asks her employer, BigCo, for six weeks of medical leave under the Family and Medical Leave Act (FMLA) and for her regular salary to be paid. Is BigCo obligated to grant this request? a. No, the Family and Medical Leave Act only grants medical leave for treatment of one's own serious health condition, not the conditions of others. b. Yes, the Family and Medical Leave Act requires granting employees twelve weeks of paid medical leave per year for a qualifying reason. c. No, the Family and Medical Leave Act only requires granting employees three weeks of unpaid medical leave per year. d. Partially yes, as the Family and Medical Leave Act requires granting employees twelve weeks of medical leave per year for a qualifying reason. However, that leave does not have to be paid leave.

d. Partially yes, as the Family and Medical Leave Act requires granting employees twelve weeks of medical leave per year for a qualifying reason. However, that leave does not have to be paid leave.

The most important federal statute prohibiting employment discrimination against members of a protected class is: a. The Equal Pay Act of 1963. b. The Age Discrimination in Employment Act of 1967. c. The Americans with Disabilities Act of 1990. d. Title VII of the Civil Rights Act of 1964.

d. Title VII of the Civil Rights Act of 1964.

Tammy, age sixty-three, works for Westcon, Inc. Tammy has been showing up for work late, and has a habit of placing confidential work files on her personal computer in violation of company policy. Jack, Tammy's manager, fires Tammy for these reasons. Jack also considers an incidental benefit of Tammy's discharge the fact that they can get someone younger in Tammy's position. If Tammy files an Age Discrimination in Employment Act (ADEA), she will: a. be successful in court as age Tammy's employer had a "mixed motive" for discharging an employee. b. be successful in court as age was an incidental factor in Tammy's discharge. c. be successful in court because she has a claim of disparate-impact discrimination. d. be unsuccessful in court because Tammy's age was not the "but for" reason for her discharge.

d. be unsuccessful in court because Tammy's age was not the "but for" reason for her discharge.

Kris represents Josh in the sale of his house as his real estate agent. Kris is entitled to: a. daily updates. b. loyalty. c. confidentiality. d. compensation.

d. compensation.

Forest Products is a mill that has always successfully resisted unionization of its workers by offering better pay and benefits than other employers. Nevertheless, Wilson and several others would like to unionize. The first step they will need to take is to: a. conduct a secondary boycott. b. recognize a union. c. have the National Labor Relations Board monitor a union election. d. have workers sign authorization cards.

d. have workers sign authorization cards.

Yakov hires Melina to be his Vice President for Marketing. The job description is pretty broad but does not include the ability to hire or terminate lower-level employees in the Marketing division. If Melina has this power, it is based on her: a. apparent authority. b. obvious authority. c. express authority. d. implied authority.

d. implied authority.

Abigail works for a large pharmaceutical company as a scientist. While testing a potential new drug, she learns that company managers are illegally falsifying results that are being sent to the Food and Drug Administration (FDA) in order to streamline drug approvals. Abigail reports this practice to federal law enforcement. Company managers learn about Abigail's disclosures and fire her. Abigail: a. is not protected from discharge because she is an employee at will. b. is protected from wrongful discharge by the exception based on contract theory. c. is protected from wrongful discharge by the exception based on tort theory. d. is protected from wrongful discharge by the exception based on public policy.

d. is protected from wrongful discharge by the exception based on public policy.

Sam goes out shopping, and using his wife Juanita's credit card he buys $221-worth of groceries. Under agency law, Juanita will probably be deemed: a. liable for the purchase because Sam is her employee. b. not liable for the purchase, based on Sam's duty of performance. c. not liable for the purchase, based on Sam's lack of a power of attorney. d. liable for the purchase, based on the creation of an agency by operation of law.

d. liable for the purchase, based on the creation of an agency by operation of law.

Executives at MegaCorp refuse to promote Nora, and then fire her, because of a preference to have only men in top leadership positions. Nora files a lawsuit against MegaCorp claiming sex discrimination. During the lawsuit, MegaCorp learns that Nora had been stealing company assets for five years. A possible outcome of this information may: a. not have any effect as such evidence is irrelevant in Title VII cases. b. shield an employer entirely from discrimination. c. ban Nora from filing a legal claim. d. limit the amount of damages for which the employer is liable.

d. limit the amount of damages for which the employer is liable.

Jake Williams is an Arizona state police officer. Marcy Smith is driving her car on an Arizona highway. Officer Williams pulls over Marcy because she is driving at an excessive speed. Officer Williams checks the immigration status of the driver, Marcy, and arrests her because she failed to carry required documentation. Officer Williams: a. may neither check Marcy's immigration status nor arrest Marcy, even if he has a reasonable suspicion that she is in the country illegally. b. may both check Marcy's immigration status and arrest Marcy because he has a reasonable suspicion that she is in the country illegally. c. may both check Marcy's immigration status and arrest Marcy because he has a reasonable suspicion that she is in the country illegally, but only if Marcy will be arrested for another crime anyway. d. may check Marcy's immigration status, but may not arrest Marcy because a state may not make it a crime to fail to carry documentation.

d. may check Marcy's immigration status, but may not arrest Marcy because a state may not make it a crime to fail to carry documentation.

If an employer violates the FMLA, the employer may be required to provide all of the following remedies EXCEPT: a. job reinstatement. b. damages to compensate for lost wages and benefits. c. promotion if a promotion has been denied. d. permanent employment.

d. permanent employment.

Wally is blind and would like to work for the Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. The Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the NLRA. b. 42 U.S.C. Section 1981. c. the ADEA. d. the ADA

d. the ADA

The Scooter Store notified its employees at 5:00 P.M. on Friday that it was laying off two-thirds of its workforce as of that day and told them not to come in on Monday. It failed to provide advance notice to anyone and in doing so likely violated: a. the Worker Notification Act. b. the Worker Retention Act. c. the Worker Readjustment Act. d. the Worker Adjustment and Retraining Notification Act.

d. the Worker Adjustment and Retraining Notification Act.

Which of the following is NOT covered by the Civil Rights Act of 1964, but may be covered under other statutes? a. Gender. b. Race. c. Religion. d. National origin. e. Age

e. Age

Which of the following is NOT considered bad faith collective bargaining? a. Excessive delaying tactics b. Insistence on unreasonable contract terms c. Rejecting a proposal without offering a counterproposal d. Engaging in a campaign among workers to undermine the union e. Utilizing bargainers who have the authority to enter into agreements of behalf of the employer

e. Utilizing bargainers who have the authority to enter into agreements of behalf of the employer

The National Labor Relations Act established the right to:

engage in collective bargaining and to strike

When the principal grants an agent an exclusive territory, we say that the principal has created a(n) BLANK

exclusive agency

Title VII originally required all employers to implement affirmative action programs if they had a record of discrimination. a. True b. False

false

A common name for an I-551 Alien Registration Receipt is a:

green card

Hostile-environment harassment

harassment that occurs when a pattern of offensive conduct runs throughout the workplace, and the employer has not taken steps to prevent or discourage it

Quid pro quo harassment

harassment that occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases or other benefits.

The first step in organizing a union is to:

have workers sign authorization cards

If striking workers form a barrier in order to deny management and nonunion workers access to the plant, the strike will be considered BLANK

illegal

Equal dignity rule

in most states, a rule stating that authority given to an agent must be in writing if the contract to be made on behalf of the principal is also requires to be in writing

The federal government began to regulate wages and working hours of employees WHAT

in the 1930s.

Generally, if a longstanding union loses the support of a majority of its members, the employer BLANK

is not obligated to continue to recognize or negotiate with the union

Mitigation

minimization of damages by the plaintiff

Lockouts

occurs when an employer shuts down to prevent employees from working typically because it cannot reach a collective bargaining agreement with the union

A mass layoff is defined as one that involves at least BLANK of the full-time employees at a particular job site.

one-third

Express authority

power given by one party to another in clear and definite terms to act on that person's behalf

Employers cannot treat their employees more or less favorably based on their BLANK beliefs or practices.

religious

The Fair Labor Standards Act (FLSA) does NOT:

restrict the power of federal courts issuing injunctions against unions

When labor practices discriminate against those in the majority it is called BLANK

reverse discrimination

An agent's actions must be strictly for the benefit of the principal and must not result in any BLANK profit for the agent.

secret

For several reasons, an employer may want to promote from within based on performance and time in position. For those employers who used to discriminate, this BLANK system would be a valid defense to charges of discrimination so long as discrimination is not still occurring at the entry level.

seniority

The agent has the duty to act BLANK for the benefit of the principal and not in the interest of the agent or a third party.

solely

Ratification

the act of accepting and giving legal force to an obligation that previously was not enforceable

An employer may be held liable for the wrongful discharge of an employee if the discharge violated BLANK

the common law or statutory law

Performance

the fulfillment of one's duties under a contract

An agent's implied authority can be inferred by...

the position the agent occupies

Collective bargaining

the process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions

Employment discrimination

treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age or disability. This is prohibited by federal statutes

In an agency relationship involving two parties, the agent agrees to represent or act for the principal. a. True b. False

true

If a union tells an employee that she must join the union or else lose her job, this will be considered a(n) BLANK by the National Labor Relations Act.

unfair labor practice

The Labor-Management Reporting and Disclosure Act creates reporting requirements for BLANK

union actives

Fiduciary

As a noun, a person having a duty created by his or her undertaking to act primarily for another's benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence.

When anticipatory repudiation occurs, the nonbreaching party may (select 2): a. renegotiate the contract by asking for payment immediately. b. treat the repudiation as a final breach by pursuing a remedy. c. wait to see if the repudiating party will decide to honor the contract. d. ignore the anticipatory repudiation and hope for the best.

B, C

Which two of the following are often present in a situation where a court will grant reformation? a. Duress b. Fraud c. Mutual mistake d. Undue influence e. Trespass

B, C

Before any interest in specific goods can pass from the seller or lessor to the buyer or lessee, two things must be true. Those two things are (select 2): a. the goods must be worth more than $500. b. the goods must be in existence. c. the goods must be intangible. d. the goods must be identified to the contract. e. the goods must be fungible.

B, D,

Contracts for the sale of goods only qualify for specific performance if the goods are unique. a. True b. False

True

A gratuitous agent may be held liable to the principal for breach of the agency contract. a. True b. False

False

Goods that are similar but of slightly different grade or quality are considered fungible. a. True b. False

False

If the seller is a merchant, risk of loss to goods held by the seller passes to the buyer when the buyer signs the contract. a. True b. False

False

In the absence of any specific agreements, the buyer must make payment at the time and place the contract is signed. a. True b. False

False

Prior to the creation of the Uniform Commercial Code, title, or the right to ownership, was mostly irrelevant. A. True B. False

False

Specific performance normally is granted as an option where monetary damages are sufficient but not desirable. a. True b. False

False

The difference between market price and contract price of land that is sold to someone else is a measure of consequential damages. a. True b. False

False

The seller is required to deliver the goods to a particular destination in a destination contract, usually directly to the carrier of the goods. a. True b. False

False

When a party has been the victim of fraudulent misrepresentation, he or she may collect damages even if he or she has suffered no harm. a. True b. False

False

When a person who is not an agent makes a contract on behalf of a principal, the principal cannot benefit from the contract. a. True b. False

False

When one party has a reasonable belief that the other party will not perform, the first party may request immediate performance, even if the deadline has not yet come for performance. a. True b. False

False

In most contracts, promises of performance are not expressly conditioned or qualified; instead they are absolute promises. a. True b. False

True

In sales law, a warranty is an assurance or guarantee by the seller about the quality and features of the goods being sold. a. True b. False

True

In the sale or lease of most future goods, identification occurs when the seller or lessor ships, marks, or otherwise designates the goods as those to which the contract refers. a. True b. False

True

Punitive damages are rarely awarded in contract cases. a. True b. False

True

The agency relationship is a fiduciary relationship and is based upon trust, and each party owes the other the duty to act with the utmost good faith. a. True b. False

True

Independent contractor

One who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but may be an agent.

A bailment is a temporary delivery of personal property, without passage of title, into the care of another who is obligated to return the bailed property to the bailor or dispose of it as directed. a. True b. False

True

Agency relationships are normally consensual, coming about through voluntary consent and agreement between the parties. a. True b. False

True

Agency relationships can exist outside an employer-employee relationship, and thus agency law has a broader reach than does employment law. a. True b. False

True

Compensatory damages replace what was lost because of what the breaching party did and for this reason are often said to, "make the person whole." a. True b. False

True

Penalty

a certain amount to be paid in the event of a fault or breach of contract. It is designed to penalize the breaching party, not to make the innocent party whole

Impossibility of performance

a doctrine that excuses performance when performance is impossible due to no fault of a contracting party

Commercial impracticability

a doctrine that excuses performance when something happens that was unforeseen and makes performance extremely difficult or costly

Frustration of purpose

a doctrine that excuses performance when the objective reason for the performance no longer exists due to reasons beyond the party's control

Liquidated damages

a provision in a contract specifying a certain dollar amount that is to be paid in the event of a future default or breach of contract

Condition

a qualification in a contract based on a possible future event

Nominal damages

a small monetary award granted when no actual damage or financial loss results from a breach of contract and only a technical injury is involved

Implied warranty of merchantability

a warranty that goods being sold or leased are reasonably fit for the ordinary purposes for which they are sold or leased, are properly packaged and labeled, and a re of fair use quality. The warranty automatically arises in every sale or lease of goods made by a merchant who deals in goods of the kind sold or leased

Implied warranty

a warranty that the law derives by inference from the nature of the transaction or the relative situations or circumstances of the parties

Matthew has a contract to sell a piece of real estate to Betty for $35,000. Betty breaches the contract and Matthew immediately sells the land to someone else at the best price he can get: $31,000. Matthew can recover: a. $4,000 as the difference between the market price and the contract price. b. specific performance. c. $35,000 as the contract price on the land. d. nothing, because he was able to sell the land to someone else.

a. $4,000 as the difference between the market price and the contract price.

The basic obligation of a buyer in performing a sales or lease contract is to: a. accept and pay for conforming goods in accordance with the contract. b. negotiate terms of payment for conforming goods prior to signing the contract. c. negotiate the quality of the goods in a contract.

a. accept and pay for conforming goods in accordance with the contract.

A party to a contract with a sufficient interest in the property subject to the contract may have: a. an insurable interest. b. title. c. the risk of loss.

a. an insurable interest.

For an express warranty to exist, a reasonable buyer would need to consider the promise or representation as a part of the: a. basis of the bargain. b. rationale for the discussion. c. design of the products.

a. basis of the bargain.

Kyle has a credit card with a contract stipulating that he will make monthly minimum payments. Over the course of a year, he incurs $1,200 in debt that he can't pay. Because of this and other debts, Kyle files for bankruptcy. In the bankruptcy, Kyle's assets are distributed to his creditors and the credit-card company gets $200. The bankruptcy process: a. discharges the contract by law. b. discharges the contract by performance. c. does not discharge the contract. d. discharges the contract by agreement.

a. discharges the contract by law.

Vicky contracts with Cyrus to have him remodel her kitchen. Vicky, however, changes her mind and breaches the contract before Cyrus can begin work. As a remedy for the breach, Cyrus can seek: a. expected profits from the contract. b. the entire contract price. c. the contract price plus interest. d. nothing, because the breach occurred before he began performance.

a. expected profits from the contract.

Sophie buys a tropical bird from Henry's bird store. Henry says, "It is extremely rare." Sophie asks if the bird is on the endangered species list. Henry knows it is on the list, but he tells her it is not. Government officials later tell Sophie that she purchased a bird that individuals may not own, the bird is confiscated, and she is fined for possessing it. To recover the price of the bird and the cost of fines, Sophie can sue Henry for: a. fraudulent misrepresentation. b. undue influence. c. negligence. d. mistake, which allows the contract to be rescinded.

a. fraudulent misrepresentation.

Jim contracted with United Technologies to install 5,000 feet of Rocketfish Cat-5e network cable in his new office building. United installed 5,000 feet of Dynex Cat-5e network cable instead. The types of cable are essentially the same. When Jim sued for breach of contract, the court likely found that United's actions constituted: a. substantial performance. b. complete performance. c. incomplete performance. d. material breach.

a. substantial performance

In the case of a material breach of contract: a. the nonbreaching party has the right to sue for damages resulting from the breach. b. the parties must cancel the contract and create a new one. c. the breaching party has a cause of action to sue for damages resulting from the breach.

a. the nonbreaching party has the right to sue for damages resulting from the breach.

Laura, a widow, sold a piece of property and planned to live off the proceeds during her retirement. Laura has one son, Chris, who helps take care of her home and plans to move in with her and take care of her when she is too old to take care of herself. Chris asks her to invest her money in his restaurant, which is faltering. He tells her that if she does not lend him the money she will never see him again. She is afraid of being alone and agrees to his request, but soon changes her mind and asks for her money back. Chris claims they have formed a binding contract. In fact, the contract may be voidable, because it was formed as a result of: a. undue influence. b. a unilateral mistake. c. fraudulent misrepresentation. d. duress.

a. undue influence.

Under a shipment contract, risk of loss passes from the seller to the buyer: a. when the goods are delivered to the carrier. b. when the goods are delivered to the buyer's office. c. when the goods are identified in the contract for sale.

a. when the goods are delivered to the carrier.

With respect to their employers, employees who deal with third parties are generally deemed to be.....

agents

Rescission

an equitable remedy to "undo" a contract

Reformation

an equitable remedy to correct a contract to accurately reflect the true intentions of the parties

Specific performance

an equitable remedy where a court orders one party to complete their obligations under the contract

Restitution

an equitable remedy where a person is returned to his to her original position

Tender of delivery must occur BLANK and in a BLANK

at a reasonable hour, reasonable manner

Sayed and Ann form a contract under which Sayed agrees to sell Ann 500 copies of a book. The contract price is $3.50 per book. Sayed breaches the contract by not delivering the books to Ann by the deadline. At the time of the breach, the books are available from the publisher for $4.50 each. Ann's damages are: a. $750. b. $500. c. $1,650. d. $1,275.

b. $500.

Which of the following is NOT a duty the agent owes the principal? a. Performance b. Superior competence c. Notification d. Loyalty e. Obedience f. Accounting

b. Superior competence

Under the perfect tender rule, when a seller delivers nonconforming goods, a buyer: a. must accept all the goods. b. may accept all, part, or none of the goods. c. must reject all of the goods. d. may notify the nearest chamber of commerce about the breach.

b. may accept all, part, or none of the goods.

Carmen contracted with Miles, who agreed to replace the carpets in her house. A clause in the contract provides that the only remedy for breach is replacement, repair, or refund of the purchase price. This type of provision in a contract is known as: a. a penalty clause. b. a limitation-of-liability clause. c. a breach clause. d. an exculpatory clause.

b. a limitation-of-liability clause.

Sadie contracted with Sean, who agreed to replace the carpets in her house. Sean damaged some of the walls when he installed the carpets. Sadie did not pursue a claim against Sean for his defective performance of the contract. Sadie's actions are known as: a. an exculpatory clause. b. a waiver of breach. c. a breach. d. a penalty.

b. a waiver of breach.

Karl buys a new Volkswagen and signs a contract with Volkswagen saying that he will never in the future sue the company for any personal injuries he may receive as a result of a faulty car. In exchange, Volkswagen reduces the price of the automobile by $6,500. This type of contract provision is: a. a liquidated damages clause. b. an exculpatory clause. c. a dormant commerce clause. d. a revisionary clause.

b. an exculpatory clause.

A lack of voluntary consent: a. is one of the four elements of a contract. b. is a defense to the enforcement of a valid contract. c. must be indicated by a clear statement in the contract that both parties agree. d. is not a contract principle.

b. is a defense to the enforcement of a valid contract.

Luis contracts with Greenfield to buy several of Greenfield's dairy cows. Greenfield delivers the cows but Luis doesn't pay for them. Greenfield may be able to have his cows returned if he seeks the remedy of: a. specific performance. b. restitution. c. reformation. d. novation.

b. restitution.

Marie contracts to buy coffee beans for her store from Owen. The contract price is $5.00 per pound. Owen breaches the contract and delivers no coffee. Marie's damages will be: a. the amount Owen can afford to pay. b. the difference between the market price of the coffee and the contract price. c. the difference between the contract price on the coffee and the profits that Marie may have made selling the coffee. d. the amount she seeks.

b. the difference between the market price of the coffee and the contract price.

The standard measure of compensatory damages can be stated as: a. the profit to the innocent party. b. the difference between the promised performance and the actual performance. c. the difference between the contract value and the market value, with a penalty for poor behavior. d. the benefit to the breaching party for the breach of contract.

b. the difference between the promised performance and the actual performance.

Print Quik, Inc., seeks punitive damages in a lawsuit against Reddy Supply Company. Generally, punitive damages may be recovered: a. in almost all cases. b. when the breaching party's actions cause both a breach of contract and a tort. c. only if the contract involved the sale of goods or the sale of land. d. in no circumstances.

b. when the breaching party's actions cause both a breach of contract and a tort.

Tender of delivery is: a. actual delivery to the buyer's premises. b. when the seller places or holds conforming goods at the buyer's disposal. c. a receipt of goods signed by a carrier and a contract for transportation of the goods.

b. when the seller places or holds conforming goods at the buyer's disposal.

Misrepresentation can occur by a. words only. b. words or actions. c. actions only.

b. words or actions.

Which of the following is NOT one of the four ways in which an agency relationship can arise? a. Agency by agreement b. Agency by ratification c. Agency by federal law d. Agency by estoppel e. Agency by operation of law

c. Agency by federal law

With respect to who can become a principal and who can become an agent: a. any person can become a principal, but an agent has to have the capacity to contract. b. any person can become a principal and any person can become an agent. c. a person must have contractual capacity to be a principal, but any person can be an agent.

c. a person must have contractual capacity to be a principal, but any person can be an agent.

In agency law, ratification occurs when: a. there is no agency relationship, but the words and actions of the principal lead a third party to assume that an agency exists. b. fiduciary obligations are owed by an agent to a principal. c. a principal, by words or by actions, affirms a contract made by a person who in fact is not an agent. d. the obligation of an agent who acted outside the scope of his or her authority is rejected.

c. a principal, by words or by actions, affirms a contract made by a person who in fact is not an agent.

Under the UCC, a bill of lading is: a. the same thing as a shipment contract when perishable goods are shipped. b. a payment by the buyer of goods to a seller. c. a receipt of goods signed by a carrier and a contract for transportation of the goods.

c. a receipt of goods signed by a carrier and a contract for transportation of the goods.

Identification takes place for existing goods if the parties do not otherwise agree: a. thirty days after the contract is made. b. never. c. at the time the contract is made. d. six months after the contract is made. e. three months after the contract is made.

c. at the time the contract is made.

A familiar example of an agent is a(n): a. janitorial employee who does not deal with third parties. b. gardener hired to maintain the grounds at a large industrial complex. c. corporate officer who serves in a representative capacity for the owners of the corporation.

c. corporate officer who serves in a representative capacity for the owners of the corporation.

Rena contracts with Darryl to buy two horses. They agree that she will pay $2,000 for each horse. When they draw up the contract, the sales price is inadvertently changed to read $40,000 rather than $4,000. They can seek the remedy of: a. recovery based on quasi contract. b. restitution. c. reformation. d. novation

c. reformation.

Unlike remedies under the common law, remedies under the UCC are BLANK .

cumulative

Matthew has a contract to sell a piece of real estate to Betty for $35,000. Matthew breaches the contract and decides to keep the property even though the market price is only $31,000. Betty can recover: a. $4,000 as the difference between the market price and the contract price. b. $35,000 as the contract price on the land. c. nothing, because Matthew wanted to keep his land. d. specific performance.

d. specific performance.

Consequential damages

special damage that are a foreseeable result from a party's breach of contract, but not a normal expectation of a breach

Nicole has a contract to buy 14 cases of hammers from Tyler. Tyler breaches the contract. Even though she can get similar hammers somewhere else, Nicole wants to sell his hammers because she secretly likes his logo and thinks it will draw customers in to her store. If she sues for specific performance, will she win? a. Yes, because she likes his logo and cannot get that logo somewhere else. b. Yes, because he breached the contract and so can be made to deliver the hammers. c. No, because Tyler does not want to give her the hammers. d. No, because she can get similar hammers elsewhere.

d. No, because she can get similar hammers elsewhere.

Sierra offers to sell Alyssa a Scottish terrier puppy for $800. Alyssa and Sierra do not discuss the dog's ancestry, but Alyssa believes that the dog came from champion lines and agrees to the price. Alyssa later discovers that the puppy is worth only $200. Can Alyssa rescind the contract based on her mistake? a. Yes, because Alyssa had a duty to investigate, which she failed to perform. b. Yes, because the dog was clearly not worth $800. c. Probably so, because Alyssa made a mistake about a material fact. d. Probably not, because Alyssa made a mistake about the dog's value, not a mistake about a material fact.

d. Probably not, because Alyssa made a mistake about the dog's value, not a mistake about a material fact.

Valerie contracts with Esteban, who agrees to build a stone retaining wall and drain on her property. The wall and drain are necessary to prevent erosion of her land, which is falling into the creek on her property at a rapid rate. If Esteban breaches the contract, Valerie is under a legal obligation to: a. absorb all of the costs associated with the property erosion caused by Esteban's breach. b. do nothing, because she is the innocent party and thus has no legal duties. c. wait until Esteban is prepared to build the wall and drain. d. mitigate her damages

d. mitigate her damages

Johanna agrees to purchase Jessie's land so that she can build a golf course. They write a contract, and Johanna transfers the deed to Jessie. Jessie pays Johanna the entire purchase price. Johanna and Jessie have discharged their contract by: a. lapse of time. b. breach. c. concurrence. d. performance

d. performance

Compensatory damages

damage that compensate the non breaching party for the loss of the bargain

The UCC's provisions relating to passage of title BLANK apply to lease goods.

do not

When an occurrence or event makes performance temporarily impossible BLANK

performance is temporary suspended.

An opportunity for inspection is a condition BLANK to the right of the seller to enforce payment.

precedent

If a contract enriches the dominant party in a fiduciary relationship, the courts will often BLANK undue influence.

presume

The degree of skill or care required of an agent is usually that expected of a(n) BLANK person under similar circumstances.

reasonable

When a party is fraudulently induced into a contract, that party can

rescind the contract

Generally, all contracts are assumed to be BLANK contracts if nothing to the contrary is stated in the contract

shipment

In destination contract situations, title passes to the buyer when the goods are BLANK to that destination

tendered

Discharge

the termination of an obligation under a contract

Any copyrighted work created by an employee within the scope of her or his employment at the request of the employer is called a....

work for hire