ACCT 315: Exam 4

Credit Loan Company extends credit in the ordinary course of its business. Under the Truth-in-Lending Act, Credit Loan must inform potential borrowers of

Credit Loan's credit terms

Frank tells Gala that she can camp on Frank's beach and swim in his lake whenever she wants. With respect to the right to camp and swim,

Frank can withdraw or revoke the right

Grey owns the surface rights for High Desert Ranch, which includes a house, a bunkhouse, and two barns. Industrial Mining Inc. owns the subsurface rights. When the company drills for and extracts the oil beneath the ranch, the surface subsides and the structures collapse. Most likely responsible for the damage is

Industrial Mining

Rita has a fixed-term tenancy for her apartment with Studio Apartments. If Rita abandons the premises before the lease expires

Studio may be required to mitigate its damages

After agreeing to rent a car from Drive-a-Round Inc., Eden is given the keys to one of the agency's cars by Fess, a Drive-a-Round employee. With respect to the bailed property, this is

a constructive delivery

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

a constructive discharge

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is

a fixed-term tenancy

Components Inc., a maker of vehicle parts, refuses to sell to DIY Repair Inc., a national vehicle service firm. The maker convinces Engine Parts Company, a competitor, to do the same. This is

a group boycott

Logging Corporation has a right to go onto Mount Timber Company's land and harvest select trees. Logging's right is

a profit

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

a protected class.

Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This deed is

a quitclaim deed

Best View Corporation offers to sell LED screens to Computer & Video, Inc., only if the buyer also agrees to buy the seller's servicing of its products. This is

a tying arrangement

Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely

a violation

With respect to anticompetitive behavior, the Federal Trade Commission Act prohibits

all forms not covered under other federal antitrust laws

Jack owns a parcel of land. Jack tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees. Jack's real property consists of

all of the choices

Sheila finds Tim's briefcase in her office after Tim leaves following their meeting. This is

an involuntary bailment

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

any factor other than gender, the primary duties of the jobs, a seniority or merit system. -->all of the choices.

Delivery Service Inc. agrees to pick up a truckload of merchandise for Exporters Corporation and store the contents to be delivered later. Delivery's obligation to deliver the load to Exporters is excused if the contents are

any of the choices: claimed by a third party with a superior claim, stolen through no fault of Delivery, or lost through no fault of Delivery.

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

back pay, but not retroactive promotions WRONG

Before going on a business trip, Gina leaves the key to her apartment with Harry. She checks her suitcase at the airport, and boards the plane. A bailment is created when Gina

delivers the key to Harry (WRONG)

Ada owns Blueberry Farm. Ada's only daughter Cherry owns the adjacent Delicious Apple Orchard. Ada makes a gift of the farm to Evert, a short-term employee who Ada does not know well. This gift may lack the required element of

donative intent

A large sign at the entrance to Fitness Club states in bold red letters that "the club is not responsible for any loss due to theft." Most likely, with respect to limiting the club's liability, this sign is

effective

Angie voluntarily transfers her prize-winning horse Beaux to Cady without consideration. Provided all of the requirements are met, this is acquisition of property by

gift

An affirmative action plan may be found to be unconstitutional because it

has not succeeded in remedying discrimination WRONG

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

he is a member of a protected class

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

if it acted with reckless indifference to an individual's rights

Under a contract, Oil Shale Corporation forbids Petro Inc., a wholesale buyer of Oil Shale's products, to purchase products from the seller's competitors. This is prohibited

if its effect is to substantially lessen competition

Two Chinese firms, Wong Ltd. and Xiang Ltd., engage in a conspiracy to control the distribution of certain goods in global markets. This may violate U.S. antitrust laws

if the conspiracy has a substantial effect on U.S. commerce only

Edibles Inc. and Food Stuff Corporation are competitors. Each firm has capital, surplus, and undivided profits in excess of $40 million and competitive sales of more than $5 million. Gina and Hal serve as directors on both firms' boards. Under the Clayton Act's restriction concerning interlocking directorates, Gina and Hal are

liable for failing to comply

Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greta reports the violations to the Environmental Protection Agency. Greta

may be paid up to $10,000

Seaside Vistas leases an apartment to Tori. During a severe storm, the premises are destroyed by flood. Under most state laws, liable for the rent for the rest of the lease term is

no one.

Consumer Staples Inc. includes in its advertising obvious exaggerations, vague generalities, and puffery about its products. The firm may be subject to sanctions for

none of the choices

While hiking on Mountain Trail, Ness's camera falls from his pocket. He fails to notice its loss for a mile, and is then unable to find it. Ole finds the camera. Pau tries to take it from Ole. The party who can assert the best title to the camera is

none of the choices

An ad for Running Shoes Inc. states that its footwear is "The Athlete's Choice." Because of this ad, the Federal Trade Commission is most likely to issue

none of the choices (not a settlement, cease and desist order or a counter advertising order)

Mary receives an unsolicited credit card in the mail and tosses it on her desk. Without Mary's permission, her roommate Nan uses the card to buy a new laptop for $1,800. Mary is liable for

nothing, she is not liable

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

other persons of her race hold similar positions with similar employers

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

passes to Kristen's heirs as personal property

Earl buys a fishing license and goes fishing. He catches a trout, cleans it, cooks it, and eats it. Earl's acquisition of the trout is by

possession

Mike owns a beach house in North Carolina in fee simple. This ownership interest is

potentially infinite in duration

Dairy Cream Inc. makes and sells ice cream. Dairy Cream wants to merge with EZ Freeze Inc., its main competitor and a maker of ice cream and other frozen desserts. In a challenge to the deal on a charge of monopolization, the relevant product market includes ice cream and

products that have identical attributes, such as frozen yogurt

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

quid pro quo harassment

Hi-Yield, Inc. makes an herbicide with a risk to people of developing cancer from exposure. This substance must be

registered before it is sold

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

required

The credit department of Mega-Mart often calls Nora at work about an overdue bill over the objection of Nora's employer. This is a violation of

the Fair Debt Collection Practices Act

Four grocery stores account for 80 percent of the retail food sales in Metro City. Two of the stores want to merge. In determining whether the merger violates the Clayton Act, the most crucial factor is

the market shares of the firms in their market

Ogle owns a phone, a tablet, and a patent on an app. Ogle's intangible property includes

the patent

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

the practice in question was justified

Snowboards Inc. refuses to sell its products to Timber Winter Sports Stores, Inc., a retail snowboard dealership. This violates Section 2 of the Sherman Act if Snowboards has monopoly power and

the refusal has an anticompetitive effect on the market

Retail Properties, Inc., wants to build a parking ramp to connect to its Shoppers Mall, both of which are on private land. For this action, an environmental impact statement is

unnecessary

When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider

whether the agreement is a per se violation