BUL4310 Final Review
The clerk of a bankruptcy court must provide consumer-debtors with information on the types of services available from credit counseling agencies
False
The duration of a franchise is a matter determined by federal or state statutes
False
The equal dignity rule requires that if a contract entered into by an agent is in writing, the principal, must honor it.
False
The exterior boundaries of land extend down to the depth of the deepest hole and up to the height of the tallest structure and no further.
False
The franchise agreement is not likely to set out standards such as sales quotas and record-keeping requirements
False
The law governing limited liability companies is uniform.
False
The lender does not have to strictly comply with the state statute governing foreclosure—substantial compliance is sufficient.
False
The mere possession of land without right is called a tenancy at will.
False
The primary responsibility for implementing air-pollution standards established under the Clean Air Act rests with state and local governments
False
The registered agent is the person who can receive legal punishment (such as fines and imprisonment) on behalf of the corporation
False
The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited, not necessarily for whatever purpose the owner sees fit.
False
There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.
False
Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees
False
To recover workers' compensation, an employee must prove that an injury did not occur on the job or in the course of employment.
False
Trademark dilution occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the original owner.
False
Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.
False
Water-quality standards are set by the Environmental Protection Agency
False
When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.
False
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). Refer to Fact Pattern 22-1. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply
Lomax must be forty years of age or older
Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on
Miklos's death or incapacity
Portia owes Bon $500 on their contract, but refuses to pay. To collect, Bon files a mechanic's lien, under which security for the debt is represented by
Portia's real estate
Processed Food Packaging Company employs workers, including Quint, at six locations in two states. Processed Food's discharge of Quint outside the terms of an employment contract may result in
Processed Food's Liability for damages
A limited liability company can be held liable for any loss or injury caused by the wrongful acts or omissions of its members
True
A limited liability limited partnership is a type of limited partnership
True
A partner may pursue his or her own interests without automatically violating the partner's fiduciary duties to the partnership and the other partners.
True
A principal has a duty to cooperate with the agent and to assist the agent in performing his or he duties.
True
A principal is always directly responsible for an agent's misrepresentation made within the scope of the agent's authority.
True
A principal or employer normally is not liable for an agent's crime even if the crime was committed within the scope of authority or employment.
True
A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.
True
A straight majority vote of the shares represented at a shareholders' meeting is usually required to pass resolutions.
True
An employer can voluntarily pay overtime to ineligible employees.
True
An employer generally is required to notify an employee when an absence will be counted as family or medical leave under federal law.
True
An injured party may sue a business polluter in tort under the negligence and strict liability theories.
True
Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.
True
Dividends can be paid from the undistributed net profits earned by the corporation.
True
Employers have a general duty to keep workplaces safe.
True
Federal wiretapping law covers electronic forms of communication.
True
Generally, the law assumes that the principal is aware of any information acquired by the agent that is relevant to the agency.
True
If a corporation has S corporation status, it can avoid the imposition of income taxes at the corporate level.
True
If a homeowner defaults, or fails to make the mortgage payments, the lender has the right to foreclose on the mortgaged property.
True
If a limited liability company (LLC) agreement does not cover a topic, the state LLC statute will govern.
True
If a principal ratifies a contract without knowing all of the facts, the principal can rescind the contract.
True
If the circumstances indicate bad faith, a court can dismiss a debtors' Chapter 13 petition.
True
In a limited partnership, a general partner's dissociation from the firm normally will lead to dissolution unless all partners agree to continue the business
True
In putting together a repayment plan under Chapter 13, a debtor must apply the means test to identify the amount of disposable income that will be available to repay creditors.
True
In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.
True
It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.
True
It is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.
True
Liens generally take priority over other claims against the same property.
True
Limited liability companies are entities apart from their owners
True
Most states apply to a limited liability company (LLC) formed in another state the law of the state where the LLC was formed.
True
On a partner's dissociation, the partner's duty of loyalty ends.
True
One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.
True
Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits
True
The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individual
True
The articles of incorporation serve as a primary source of authority for the corporation's future organization and business functions
True
The intent to associate is a key element of a partnership
True
The key consideration in determining whether an employment manual creates an implied contract is the employee's reasonable expectations.
True
The protection of an individual's right to his or her property has become one of our most important rights.
True
Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males
True
Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.
True
Under the doctrine of respondeat superior, a principal may be liable for any harm that his or her agent causes to a third party
True
Vesting gives an employee a legal right to receive pension benefits at some future date when he or she stops working.
True
When a surety or guarantor pays a debt owed to a creditor, he or she acquires any right that the creditor had against the debtor.
True
When you download an application on your smartphone, you are typically entering into a license agreement.
True
Whenever a work-related injury or disease occurs, employers must make reports directly to the Occupational Safety and Health Administration.
True
With a mechanic's lien, real estate becomes security for a debt
True
Clark hires Dimitri to act as his agent to purchase Expo Sports Arena, Inc. Clark tells Dimitri to reveal that he is buying the firm and its assets on behalf of a third party and to tell the seller who that third party is. Clark is
a disclosed principal
Bess wishes to appeal a decision of a bankruptcy court. Bess may appeal to
a federal district court
BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is
a license
Roderick possesses five hundred acres of forested property. Roderick has the right to use the land, including cutting its timber, for life. Roderick also has the right to lease the land for a period not to exceed his life. This ownership interest is
a life estate
Sweet Selections is a general partnership that sells candy, cards and flowers. Sweet Selections has ten partners. Jill and Amy each have a 25 percent interest in the partnership. All the other members have a 10 percent interest. To pass a management decision
a majority of the partners must agree to the decision
George borrows funds from Hometown Credit Union (HCU) to buy real property. George signs a written instrument that gives HCU an interest in the property as security for the debt's payment. This is
a mortgage
Custom Auto Body & Detailing, LLC, is a limited liability company. Unless indicated otherwise on the Custom Auto's federal tax form, the firm will be taxed as
a partnership
Bayside Marina Company and Canoes & Kayaks Inc., share officers, directors, employees, property, and equipment. In reliance on Bayside Marina's reputation, Delivery Transport Inc. contracts to perform services for Canoes & Kayaks, but the firm does not pay. In terms of liability to Delivery Transport, a court is most likely to treat Bayside Marina and Canoes & Kayaks as
a partnership by estoppel
Pualani and Quentin do business as partners in Rio Vista Builders, a residential construction firm. For federal income tax purposes, Rio Vista would be treated as
a pass-through entity
Alf rents an apartment. The lease does not specify how long it will last, but it does specify that Alf must pay rent every month. Alf's tenancy is
a periodic tenancy
Misha and Nguyen are shareholders of Outsourcing Solutions, Inc. Misha's written authorizations to Nguyen to vote her shares at a shareholders' meeting is
a proxy
The shares of Home Mortgage Corporation are publicly traded in securities markets. Home Mortgage Corporation is
a publicly held corporation
ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is
a safe harbor
Dian and Elton buy a duplex in Fargo, North Dakota. On the death of either owner, that owner's interest in the duplex passes to his or her heirs. This is
a tenancy in common
Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as
a toxic tort
Condos & Course Development, Inc., fills a wetlands area that it owns without a permit from the U.S. Army Corps of Engineers. Condos & Course Development plan to build a golf course and residences on the site. Under the Clean Water Act, this is most likely
a violation
Loaf & Biscuit Company operates a commercial dough making and packaging plant—a "major source"—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely
a violation
Bliss County Zoning Commission demands that Commercial Development, Inc., the private developer of Discount Stores, allocate space for parking and take other measures to manage traffic. This is
a zoning restriction
Bayou Development Corporation hires Coastal Brokerage Associates to sell the condominiums in a building at Bayou Development's resort. The agency will terminate
after the condos have been sold
Emily and other users of Facebook and other social networking sites post messages, images, and other materials on these sites. Social media posts are routinely included in discovery in litigation to
all of the choices
Without authorization, Lars contracts on behalf of Mina to have Nemo paint the interior and exterior of Mina's house. If Mina decides to ratify the contract, she must affirm
all of the contract
Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by
all other levels of government
Ridgeline Bank provides Shirley with a mortgage to buy a home. The rate of interest is fixed for three years and then adjusts annually. This is
an adjustable-rate mortgage
Ingmar asks Jessie to contract with Jessie's high school classmates to babysit Ingmar's new baby. Jessie orally agrees to do so. This is
an agency by agreement
Lucille is married to Marcus. Lucille buys food for their children's lunches and charges the cost to Marcus's account. This is
an agency by operation of law
California Produce Company hires Drew to work on California Produce's shipping dock, checking outgoing loads and dispatching the company's drivers. With respect to California Produce, Drew is most likely
an agent
Demario and Evander want to form and do business as a corporation—Farm-2-Fork Restaurant Inc. A corporation is
an artificial person
Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is
an easement
Febo is an employee of Guitar & Drum Company. Guitar & Drum's employee manual states that workers, such as Febo, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is
an exception based on contract theory
Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets. He reports his employer's illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge. With respect to the employment-at-will doctrine, this is
an exception based on public policy
Memphis Music Makers Inc.'s stated purpose is to sell musical instruments. If chief executive officer Neal contracts with Open Season Firearms in Memphis Music's name to sell a shotgun, he has likely committed
an ultra vires act
Donald approves on behalf of Evelyn—but without authorization—a contract with Farouk to build a new silo. Evelyn does not ratify the contract. The deal with Farouk is
an unaccepted offer
Seiko works for TallTales Publishing, Inc. The basis for Seiko's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her
annual wage base
Coco is considering forms of business organization for her concessions business—Coco's Cakes. Most states require that a limited liability company have
at least one member
Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. Lisa may be awarded
back pay, retroactive promotions, and damages
Norma files a petition in bankruptcy. She turns her assets over to O'Brien, who sells them and then distributes the proceeds to Norma's creditors. O'Brien is a
bankruptcy trustee
Stable and Rex agree while talking on the phone to form a partnership - The Home Source - to deal in transfers of real property. To be enforceable, their agreement must
be in writing
Tech Personnel, Inc., is a corporation. Tech Personnel's implied powers enable it to
borrow funds and lend funds
Corbin, a partner in Dentists & Orthodontists Clinic, applies for a loan with Evermore Bank allegedly on Doctors' behalf but without the authorization of the other partners. Evermore knows that Corbin is not authorized to take out the loan. If Corbin defaults on the loan, liability for its unpaid amount will be imposed on
Corbin only
Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely responsible for the damage is
Dusty
Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and
Emylee followed them
A easement is the revocable right of a person to come onto another person's land.
False
A franchisee ordinarily does not pay a fee for a franchise license (the privilege of being granted a franchise).
False
A joint tenant cannot transfer his or her rights by sale or gift without the consent of the other joint tenants.
False
A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.
False
A limited liability company must be managed by nonmembers
False
A limited partnership cannot be dissolved by court decree
False
A principal's ratification of an agent's unauthorized act must be express.
False
A sole proprietor does not own the entire business
False
A surety is entitled to receive from the debtor the actual amount of the debt paid to the creditor on behalf of the suretyship arrangement but not other expenses incurred.
False
Agency relationships do not permeate the business world
False
An agency relationship created for a purpose that is contrary to public policy may still be enforceable
False
An environmental impact statement must analyze the impact of any affected business of proposed environmental controls
False
An involuntary bankruptcy occurs when the debtor forces his or her creditors into bankruptcy proceedings
False
Children under fourteen years of age are not allowed to work
False
Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.
False
Directors are prevented from ever having financial dealings with the corporations they serve.
False
Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964.
False
Employees of private (nongovernment) employers have some privacy protection under the U.S. Constitution.
False
Employers are required to establish retirement plans for their employees.
False
Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.
False
Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities
False
For federal income tax purposes, one-member limited liability companies are not taxed.
False
Generally, a dissociated member of a limited liability company (LLC) has the right to buy his or her interest in the LLC from the other members.
False
In a Chapter 11 case, the court cannot confirm a reorganization plan over the objections of a class of creditors
False
In most states, an individual cannot hold more than one corporate office and be both an officer and a director of the corporation.
False
Inverse condemnation occurs when an owner simply gives private property to the government without accepting any compensation
False
Most employers can treat their employees more or less favorably base on their religious beliefs or practices
False
Much of the material on the Internet, including software and database information, is not copyrighted.
False
On dissolution, the creditors of the partnership, but not the creditors of the individual partners, can make claims on the partnership's assets.
False
One of the key advantages of the corporate form is the unlimited liability of its owners.
False
Shareholders own the corporation, and they have legal title to corporate property
False
The Clean Water Act permits the filling or dredging of wetlands without a permit
False
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. 1. Refer to Fact Pattern 15-1. One of the senders - Great Looks, Hot Trends, or Ilene - is acting outside the bounds of federal law. Federal Law prohibits the sending of
commercial e-mail to randomly generated addresses
Nazih and Ovidia are limited partners in Physicians Medical Center, a limited partnership. In terms of the firm's books and information regarding partnership business, Nazih and Ovidia are entitled to
complete access
Commercial Credit & Finance is a limited partnership. Derry, Eleni, and Frey are the general partners. Derry dies. The partnership can
continue only if Eleni and Frey consent
Paradise Footwear buys a franchise from Quadrangle Athletic Shoes Inc. This relationship, like all other franchise relationships, is governed by
contract law
Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is
copyright infringement
Dina asks Edie to co-sign a credit application so that she can borrow money and buy a piano from First Chair, a musical instruments and supplies seller. If, after the loan agreement is signed, Dina agrees to a higher rate of interest without telling Edie, then Edie is
discharged from the agreement
Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is
disparate-impact discrimination
Silvano owns Textbooks Plus, a sole proprietorship that sells textbooks and other school supplies. When Silvano dies, Textbooks Plus will automatically
dissolve
StartUp Investors, LLC, is a limited liability company without a written operating agreement. Among the members, a dispute arises concerning the division of profits. Under most LLC statutes, the profits will be
divided equally among the members
Business Enterprise Company agrees to sell a commercial office building and parking garage to City Investments, Inc., which assigns the rights to the realty to Downtown Properties, LLC. Downtown Properties does not yet exist, but once it is created and comes into existence, the contract on novation will most likely be
enforceable
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes.
except for provisions that prohibit false and deceptive e-mailing practices
Omni Corporation provides cell phones, laptops, and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is
excluded from the coverage of the Electronic Communication Privacy Act
Trucking Dispatch Company and Ucello put their agency agreement into a written document that describes the rights and duties of both parties. Ucello, as the agent, has
express authority
Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is
federal and state regulatory agencies
Fletcher buys a Great Big Burgers, Inc., franchise. Great Big Burgers requires that its franchisees buy its products exclusively for every phase of their operations. Because Fletcher wishes to buy less expensive products, he challenges the requirement. His best argument is probably that the requirement violates
federal antitrust laws
Vito borrows $110,000 from Watershed Bank to buy a home. If he fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. This is
foreclosure
Luke and Maya form Northwest Air Express, a general partnership. The essential elements of this partnership do not include
goodwill
Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably interferes with Robyn's enjoyment of her property. Refer to Fact Pattern 25-1/ The court is most likely to award Robyn damages
if letting the pollution continue is less harmful than stopping it
BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible
if the use is reasonably necessary
Flannery is seventeen years old. Under the Fair Labor Standards Act, she cannot work
in a hazardous job
To acquire the ownership of Bart's mountain cabin by adverse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time
in an, open, hostile, and adverse manner
Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990
is Merlin only
Qiana and Rex take title to a Shakes n' Burgers restaurant in such a way that if one dies, the other will be the sole owner. Qiana and Rex own the restaurant as
joint tenants
Data & Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Data & Data from subjecting its employees to
lie-detector tests
Eloise is a director for Frozen Yogurt Company. Eloise is also a director for Gelato Desserts, Inc. When the board of Frozen Yogurt considers entering into a contract with Gelato Desserts, Eloise must
make a full disclosure of any conflict of interest
Nuncio serves in a representative capacity for Obadiah. With respect to binding Obadiah to contracts, Nuncio's authority
may be actual or apparent
Edgar, Jon, and Phoebe do business as Reliable Movers. Phoebe develops a debilitating illness and can no longer work. Phoebe
may dissociate from the partnership
Mieko is a shareholder of Natural Gas, Inc. Natural Gas uses cumulative voting to elect directors. This means that the number of Mieko's votes is determined by the number of
members of the board to be elected multiplied by the total number of voting shares that Mieko holds
Refer to Fact Pattern 17-1. Jumbo Juice makes earnings claims to potential investors. For those claims, the franchisor
must have a reasonable basis
Brad is a general partner, and Carlos and Dora are limited partners, in Eastside Physicians, a medical clinic and limited partnership. Refer to Fact Pattern 18-1. Carlo's assignment of his interest in Eastside to Good Credit Corporation results in
nothing with respect to Eastside's existence
Thom, who works as an employee for Upstate Power Corporation, suffers an injury in an accident. Thom will be compensated under state workers' compensation laws
only if the injury occurred on the job
Cy, an employee of Dockyard Shipping Corporation, is injured on the job and accepts workers' compensation. Cy can successfully sue Dockyard
only if the injury was caused by Dockyard intentionally
Kari is the sole proprietor of Living Earth Garden Shop. As a sole proprietor, on the business's profits, Kari pays
only personal income taxes
Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. 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 other similar employers
Nikki and Orlando are limited partners in Port City Exports, a limited partnership. To avoid personal liability for partnership obligations, they must not
participate in the firm's management
Boutique Bodega Corporation would like to change its corporate status to that of an S corporation to avoid income taxes at the corporate level. To qualify, the shareholders must not be
partnerships
Steel Production Industries, Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel Production must do all of the following except
pay employees higher wages for working in more dangerous areas
Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is
quid pro quo harassment
Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a
retaliation claim
Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is
reverse discrimination
Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation. Under the Equal Pay Act of 1963, EcoCrop can legitimately pay different wages on the basis of
seniority
Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's
seniority system
BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo
strict liability
Leif files a petition in bankruptcy. Among his debts are unpaid taxes, fines owed to the government, student loans owed to Metro University, and support owed to his ex-wife Nadia. Most likely to be discharged are
student loans whose payment would impose undue hardship
Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. Compliance with this statute is monitored by
the Equal Employment Opportunities Commission
Renee is a director of Sharp Focus Lens Corporation. With respect to Sharp Focus, Renee can access the corporation's books and records. Renee has this access under
the director's right of inspection
Lewis is a director of Mines & Refineries, Inc. Using information that is not available to the public, Lewis makes a profit trading in Mines & Refineries stock. Lewis is most likely liable for breach of
the duty of loyalty
Uri and Veda each own one-half of Wind Power, an alternative energy products company, as a tenant in common. Uri sells his interest to Xavier, who now owns
the firm with Veda as tenants in common
Buck owns five acres of land in California. On the land Buck has a house and a toolshed. There are ten large maple trees around the house. The real property includes
the land, the house, the toolshed, and the trees
The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use
the maximum achievable control technology
County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing
the source of the water, and any contaminants and health concerns
Brad is a general partner, and Carlos and Dora are limited partners, in Eastside Physicians, a medical clinic and limited partnership. Refer to Fact Pattern 18-1. Brad's dissociation from the firm results in
the termination of Eastside's legal existence
Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can
track individuals' Web browsing activities
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 15-2. By using a similar domain name to CallTalk's, CellTalk is most likely attempting to profit from its competitor's
trademark dilution
Alain is chairman of the board of Barber & Beauty Supply Corporation. Consuela, a consumer, is injured while using a Barber & Beauty product. She sues Barber & Beauty and Alain individually. The corporation may pay Alain's legal fees under
under the director's right to indemnification
OntheWeb Company is an Internet service provider. OntheWeb's customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe's activity
unless OntheWeb is aware of Phoebe's violation.
The National Park Services hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely
unnecessary because the action is not "major"
Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by
using the authority of the court
Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's must provide each employee, during any twelve-month period, family or medical leave of up to twelve
weeks
Michael is a mechanic who did work on Jill's car. If Michael imposes a lien on Jill's car, it will end
when Michael voluntarily surrenders possession of the car