ACCT 315 Test #4

Allen owns Buffalo Ranch. Allen's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose he sees fit. Allen's ownership interest is

a fee simple absolute.

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

a business necessity defense.

Blue Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Blue Power must install certain equipment

before beginning operations.

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.

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under

the Americans with Disabilities Act.

Carrier Inc. agrees to pick up two truckloads of housewares for Discount Corporation and store the contents to be delivered later. After Carrier unloads the goods at its warehouse, some of them disappear from the loading dock. A court will presume that

Carrier was negligent.

Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that

Chloe is qualified for the job.

Before being transported, hazardous waste produced by the operations of Fabrication Inc. must be properly labeled and packaged under the Resource Conservation and Recovery Act by

Fabrication Inc.

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.

To transfer the title to Olivia's office building to Pete by deed requires

Olivia's signature.

Auto & Life Insurance Company fails to notify its new customers when they are charged higher premium rates as a result of their credit scores. This is a willful violation of

The Fair Credit Reporting Act.

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.

Cal has an easement that allows him to drive across Dale's land to get to Cal's house. With respect to Dale's land, Cal's right is

a nonpossessory interest.

The Medical Device Makers Association does not include all manufacturers of medical and surgical instruments. The association refuses to deal with any parties who do not carry the products of its members. This is

a per se violation of antitrust law.

Bio Med Corporation makes and sells Curative, the most prescribed name-brand pain-relief medication. Drugs Inc. has the potential to make a generic version of the same drug. Bio Med agrees to pay Drugs not to make or sell the generic. This agreement is most likely

a per se violation of the Sherman Act.

Pump Makers Inc. makes pumps for fire trucks and conditions shipments of its products to Quality Motors Corporation—a maker of fire trucks—on Quality's agreement to buy additional pumps only from Pump Makers. This is

an exclusive-dealing contract.

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.

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by

express contract.

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.

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.

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.

Corner Market sells groceries. Deli & Drug Store sells groceries and fills prescriptions. The party with the chief responsibility to prevent unsafe food and drugs from being sold is

the Food and Drug Administration.

With respect to antitrust violations, the Federal Trade Commission does not enforce

the Sherman Act.

Slim owns cattle, a pick-up truck, and stock in Range Corporation, which owns and operates the Big R Ranch. Capable of being involved in a bailment is

the cattle, the truck, and the stock.

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.

Earth Farm arranges to have Fresh Express Inc., a common carrier, transport a load of almonds. Fresh Express will be liable for any loss or damage to the almonds

unless the loss or damage is caused by a natural disaster.

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.

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

a profit.

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

a retaliation claim.

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is

a toxic tort.

Centre City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. The city does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

a violation.

Without a permit from the U.S. Army Corps of Engineers, Condos Corporation fills a wetlands area that it owns in preparation for the construction of a housing complex. Under the Clean Water Act, this is most likely

a violation.

Inadvertently, Brie loses her textbook during an afternoon in City Park. She eventually gives up any attempt to find it. The textbook will then most likely be considered

abandoned property.

A court may use the identity of the party who receives a benefit from an ordinary bailment to determine, with respect to the bailed property, the standard of

care required of the bailee.

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination.

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.

Oil Industries Inc. and Petro Corporation are competing refineries situated on the Gulf coast. The two firms cooperate to obtain federal funds to build a levee that could protect their facilities from rising sea levels. With respect to antitrust law, this effort is

exempt from antitrust enforcement.

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

gender.

On Demi's authorization, Engine Work Inc. repairs her car. She refuses to pay for the job. Engine Work can

keep the car and place a lien on it until Demi pays.

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.

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

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.

Say It Inc. and Text Talk Inc. are social media companies. They compete for employees, users, and advertisers. The two firms work together on security threats, however. With respect to antitrust law, this cooperation is most likely

not a violation because it is not anticompetitive.

Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

qualified for the position.

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.

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

reinstatement.

With respect to property, the law defines the right to

sell or dispose of it, and prevent trespass onto it.

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is

the flights are low and frequent, interfering with enjoyment of his land

Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land. This is

the power of eminent domain.

Owen owns a farm in Pennsylvania. Owen's brother Quentin owns the subsurface rights to the farm. Either brother can pass title to what he owns

without the other's consent.