Business Law Final (BH)

Sarah asks Sergio to mow her lawn. Sergio, who is overloaded with work, contracts with Dan to do the work for him as an independent contractor. As Dan is mowing, Sarah walks out of her house and the lawnmower throws a rock and hits Sarah, causing serious injuries. In this situation, Sergio is:

probably not liable for Sarah's injuries.

Arthur is arrested for the crime of murder. Arthur denies that he committed the crime and is planning a vigorous defense. The state will be required to show evidence to prove its case:

beyond a reasonable doubt.

Aliza files for bankruptcy. In addition to the amount she owes her secured and unsecured creditors, she owes her friend Megan $500. In order to be entitled to receive a portion of Aliza's estate, Megan, along with the other creditors, should file a:

proof of claim.

Melon Lawn Co. advertises its new XJ200 lawn mower. Salespersons describing the XJ200 on behalf of Melon Lawn describe it as a "fabulous new mower" that will "take landscaping by storm." Melon Lawn's salespersons are engaging in:

puffery

Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is:

puffery.

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:

quid pro quo harassment.

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:

reimbursement.

The Consumer Product Safety Commission (CPSC) determines that a battery-powered mini-truck in which children ride is unsafe. The CPSC has the power to:

remove the trucks from the market.

Jason is rushed to State General Hospital after a severe car accident. Brenda, a skilled emergency physician, rushes to Jason's aid. She immediately applies the latest knowledge in medical care and makes repeated attempts to alleviate Jason's injuries. After three hours of efforts by Brenda and her staff, Jason dies from his injuries. Jason's estate sues Brenda for negligence. Jason's estate will most likely:

not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason

Jamel hires independent contractor Stevenson to create users' manuals for Jamel's small appliances. Jamel:

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

Mary owns holds property in fee simple. Mary would like to lease the property to Jack, who wants to farm the land. Because Mary holds the property in fee simple, she:

can lease, sell, or give the land away as she wishes.

Heather is sixteen but looks much older. She goes into a jewelry store and buys a diamond bracelet with the money she has been saving for college. If Heather realizes a year later that it was unwise to spend the money on the bracelet, she:

can return the bracelet and get her money back.

Jordan files for bankruptcy because he has debts of $1 million that he cannot pay. He would like to sign a document to assure his kind aunt Matilda that he will repay all of the $30,000 that she lent him. Jordan could have this debt discharged in the bankruptcy but would rather not. In this situation, Jordan:

can sign a reaffirmation agreement.

An inmate escapes from the county prison. There is a $500 reward offered for any information leading to the capture of the inmate. The county sheriff sees the inmate at a local restaurant and calls the department headquarters before arresting the inmate. The sheriff:

cannot expect to collect the $500 because he had a preexisting duty to arrest the inmate.

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:

restitution.

Susan agrees to act as a surety for Harris. Harris defaults on his loan, and Susan repays the bank because Harris declares bankruptcy. Susan now has:

right of subrogation.

GoInternet, Inc., is an Internet-access service provider that is being forced to manage numerous unwanted e-mail messages from a sender of e-mail advertisements. GoInternet can sue the company that is e-mailing spam under the CAN-SPAM Act if the sender does any of the following except:

sends messages involving products of companies previously sued under the CAN-SPAM Act.

Ace Products manufactures and markets a product called Grow Tall. Ace claims in its advertising, without supporting evidence, that Grow Tall will make its users grow a minimum of six inches taller than their current height. The Federal Trade Commission (FTC) will likely find that the ad is:

deceptive, and the FTC may issue a cease-and-desist order.

Micrylex Corp. (a U.S. corporation) signs a sales contract with Freiers, S.A. (a French company) in which Micrylex agrees to sell Freiers $15,000 worth of Micrylex products. This is an example of:

direct exporting

Jasmine's General Store advertises cans of X-brand tomatoes for $.33 per can, although she does not have any in stock. When customers arrive to buy the tomatoes, Jasmine tells them that her stock of tomatoes has been sold and that she cannot get more at the lower price. She tells customers she has Y-brand tomatoes in stock for $.55 per can and that the Y-brand tomatoes are far superior to the X-brand. Jasmine is:

engaging in bait-and-switch advertising.

Undercover agents of the Greenville Police invite Mack to purchase a stolen truck. Mack refuses initially, but the agents repeatedly visit Mack's home and businesses over a period of weeks, and eventually Mack agrees. In addition, they send someone to damage Mack's current vehicle so his need for the truck is greatly increased. If criminal charges are brought against Mack, he can assert the defense of:

entrapment.

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:

equal protection clause.

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:

expected profits from the contract.

Prasanna contracts to buy 10,000 CDs from Louis. Louis ships the CDs to Prasanna. The CDs are exactly as stipulated in the contract and Prasanna accepts them. If Prasanna fails to pay Louis for the CDs, Louis can:

file a lawsuit to recover the purchase price.

Joseph, a sixteen-year-old honor student, calls 911 from a pay phone to report a possible bomb in the town square. He has no evidence of any bomb, does not have a bomb or any materials to make a bomb, and has no intention of placing one in the town square. He is arrested for making a terrorist threat and claims that he has not committed a criminal offense. A court will likely:

find Joseph guilty of making a terrorist threat based on criminal recklessness

Julius asks Rachel if she would like to sell her boat. Rachel privately has no interest in selling her boat, and believes that Julius can't afford her boat anyway. Rachel says, "I'd sell my boat to you for $20,000." To Rachel's surprise, Julius responds "Ok, it's a deal." Rachel does not want to sell the boat to Julius for any price. Julius and Rachel have:

formed a valid contract, because Rachel's outward expressions showed the formation of a contract.

Steve leases an apartment from Ashley. According to the lease, Ashley is required to keep all plumbing in working order. After Steve has lived in the apartment for four months, the toilet breaks. Ashley refuses to fix it and thereby makes it virtually impossible for Steve to continue to live there. The result of Ashley's inaction is that:

she has constructively evicted Steve.

Vince relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university's computers to alter their grades. Vince is what is commonly referred to as a:

hacker.

Carl sues Goldman Manufacturing, alleging he suffered injuries as a result of a design defect in Goldman's food processor. To prevail in this lawsuit, Carl must show that Goldman Manufacturing:

had a reasonable alternative design available, which it failed to use.

American Insurance Co. reviewed its customers for creditworthiness. American Insurance found that a number of its customers had lower credit scores than expected. Without disclosing the reason, American Insurance increased the rates of insurance on new customers who had credit scores below a certain threshold. American Insurance:

has committed a willful violation of the Fair Credit Reporting Act.

Paul goes to a bar, has seven shots of whiskey, and then goes to an electronics store and buys a $2,500 stereo system. If he later wants to avoid the contract based on his intoxication when he made the purchase, he will need to prove that:

he lacked the mental capacity to enter into the contract.

Gage and his brother Richard have robbed several stores. When they attempt to rob Al's Deli, Al shoots Richard in the foot. Richard is caught and arrested. Gage continues committing crimes, and Richard is offered immunity in return for testifying against his brother. If Richard accepts,

his testimony will not be used against him

Kibble Bites and Chow Hound, two makers of dog food, agree that Kibble Bites will sell its lamb and rice dog food in New Jersey but not in Delaware, and Chow Hound will sell its lamb and rice dog food in Delaware but not in New Jersey. Their agreement is a:

horizontal market division

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:

implied authority.

Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to successfully sue Mel for:

infliction of emotional distress.

Officer Pinkerton has an intuition that Jason's car contains illegal narcotics. Based on that intuition, he stops Jason's car and searches it. The search will be considered:

invalid because Officer Pinkerton does not have probable cause to search the vehicle.

Henry is distressed after losing his job, so he visits a local tavern and has seven drinks. While driving home at a high rate of speed, Henry collides with Irene's car, killing her. Henry has likely committed:

involuntary manslaughter

The U.S. government decides to assess a tariff of $1.50 on every DVD player that is imported into the country. This policy

is a legally permitted tariff

Before filing a Chapter 7 bankruptcy petition, Tricia sells her diamond watch to Dale Kehoe BMW whom she owes for the purchase of a used car, because Tricia and Dale are close friends and neighbors. The transfer:

is a preference that can be avoided.

DynaCorp is in the computer software market. The company's actions demonstrate an intent to monopolize the market. Under Section 2 of the Sherman Act, a firm's intent to monopolize a market:

is an element of the violation and must be proved by the party pursuing the claim.

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:

outside the scope of employment.

Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages as well as $50 million in punitive damages. Melissa appeals to the United States Supreme Court, challenging the punitive damages award. If the Supreme Court heard the case, it would likely:

overturn the punitive damage award as grossly excessive.

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:

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

In a well-established market, ComBuilt produces the nation's best-selling bookkeeping software. The program is far superior to all other similar programs. ComBuilt requires all its distributors and retailers to sell the program at a specified price. This is:

known as a price maintenance agreement and may violate Section 1 of the Sherman Act under the rule of reason test.

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:

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

Teagen owns a small cottage in which Katie, her elderly aunt, lives. Teagen wants to ensure that Katie can live in the cottage for the remainder of her life, but that when Katie dies, title to the property will return to Teagen. Teagen can accomplish this objective by granting Katie a:

life estate.

Jack and Jill have a tenancy in common in an apartment building. After ten years of ownership, Jill dies unexpectedly. On Jill's death, Jill's interest in the property will:

pass to Jill's heirs.

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:

payment.

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:

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

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:

limitation-of-liability clause.

Joey sells a clock from his store through an online auction website. He has never met the buyer, Rod, and had no communication with him before the sale agreement. When he sends the clock, he does not disclaim any warranties. The sale most likely automatically carries with it the implied warranty of:

merchantability

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:

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

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:

$500.

Adele decides to purchase several silver tea sets from Vaughn's gift store. In their sales contract, Adele and Vaughn do not specify how many silver tea sets Adele will purchase. They now have:

no contract at all.

Adam is a sole proprietor. He must file for bankruptcy to reorganize his debt under a repayment plan so he can pay his creditors and continue operating his business. He should file a:

. Chapter 13 bankruptcy.

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?

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

Jason is the owner of a large tract of land. Jason sells the property to Bertha pursuant to a quitclaim deed. Bertha later learns that Michael has a right to extract minerals from the property. In this case, Bertha:

. has no claim against Jason.

Sara agrees to sell Butch a parcel of land. The land has a home, fifty acres of crops, and ninety acres of grassland. When Sara sells the parcel to Butch:

. the sale includes the crops unless the contract says otherwise.

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:

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

Jill buys a refrigerator and pays the company to have it delivered. While the contract covers both a good and a service, it likely is governed by:

Article 2 of the UCC.

SPACE US is a private U. S. company with a mission of exploring and colonizing space. Without any conversation or disclosures to the government, SPACE US builds a rocket which it sends up into space to plant a satellite that will scan the skies for an appropriate location for SPACE US's first colony. At this point SPACE US has violated:

Article VI of the Outer Space Treaty.

Jonas is arrested for the criminal offense of attacking and injuring a neighbor in the neighbor's front yard. After the arrest, he is concerned about potential civil liability. Which of the following should he be concerned about in regards to both criminal and civil liability in this case?

Assault and battery

Bob, a guest at a hotel, reached into the front seat of the hotel limousine to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. A hotel employee closed the rear door, smashing Bob's hand. A part of Bob's left index finger later had to be amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a "pure" form of comparative negligence. In this case, the court most likely would find that

Bob contributed to his injury and apportion his 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:

performance.

Carolina files for Chapter 7 bankruptcy and the automatic stay goes into effect. Even so, which of the following creditors may continue to collect the debt owed by Carolina?

Carolina's first husband to whom she owes monthly support payments.

Dave has forty acres where he grows corn and soybeans. He also has five milk cows and some chickens. Dave sells organic milk and eggs at the local farmers' market. He also drives a school bus. Most years, about 70% of Dave's income is from his agricultural activities and 30% is from his school bus-driving job. If Dave declares bankruptcy, he will file under:

Chapter 12.

United Tires uses a faulty design in designing its tires that causes them to blow out after 50,000 miles. Jessa is injured when her right-rear tire incurs a blowout. She can sue United Tires under which of the following theories of strict liability?

Design defect

Sean is researching federal law to determine if there are civil or criminal penalties associated with the circumvention of the encryption software on a DVD. He should find the:

Digital Millennium Copyright Act

If 2TheMoon, a U.S. company, wants to start a business taking tourists to the moon, the federal agency that is responsible for developing the rules and regulations about private, commercial space flight is the:

Federal Aviation Administration (FAA).

Redcap Dairies sells yogurt that it knows to be contaminated by a harmful mold. Redcap Dairies would be held responsible to consumers under the:

Federal Food, Drug, and Cosmetic Act.

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation of consumer complaints is the:

Federal Trade Commission

In mid-July, the Jeffersons sell their home to the Trainers. The Jeffersons know that their oil furnace doesn't work. The:

Jeffersons have a duty to disclose the problem.

Martha is walking from her office building to her car in a torrential downpour with an umbrella manufactured by Umbrellas USA, Inc. She is struck by lightning and files suit, claiming the manufacturer failed to include a warning. A court would likely find that:

There is no duty to warn about risks that are obvious or commonly known, such as the risk of lightning occurring during a rainstorm.

Julian sends false and deceptive e-mails from a computer in France to recipients in the United States. The U.S. Government officials can cooperate and share information with foreign governments under the:

U.S. Safe Web Act.

Jackson offers to pay Casey $50 for his used business law textbook. Casey agrees to sell it for that amount. They agree to meet one week later to exchange the money for the book. Casey and Jackson have formed:

a bilateral contract.

Big Corp. and Giant Corp. both compete in the tire manufacturing industry. The two companies want to merge. A merger between these two companies would be called:

a horizontal merger

Alpha Corporation is interested in expanding its operations to South Africa. Alpha finds a South African company that is in a similar industry and partners with it to do business. Alpha owns part of the operation and the South African company owns most of it. The two share in profits and liabilities in proportion to their ownership. This is most likely:

a joint venture.

Bartell contracts with LaRonda to remodel and retile a bathroom. LaRonda finishes the job and gives Bartell a bill for $14,000 for labor and materials. Bartell refuses to pay. In this case, LaRonda may seek:

a mechanic's lien.

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 partially disclosed principal.

Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of:

slander of title.

Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover:

special damages.

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:

specific performance

Diana tells Crystal, "I think I'll sell that camping gear I bought for hiking the Pacific Trail for $250. I'm never going to make that trip." This constitutes:

statement of future intent.

Takota Retail discovers that Barry, one of its employees, has disparaged the company's selling practices on Facebook. Takota Retail has a policy in place that expects employees to "avoid public comment that adversely affects the company." Takota Retail can:

terminate Barry based on his violation of the company's social media policy

Ernest signs a listing agreement with Lisa to sell his house. Before Lisa finds a buyer, the house is destroyed by flooding. In this case, the agency agreement between Ernest and Lisa:

terminates based on impossibility.

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:

the ADA

Organosis is a company in the healthcare industry. The company engages in trade practices that violate antitrust laws. Organosis is subject to criminal prosecution by:

the Department of Justice (DOJ) under the Sherman Act.

Mary is a lender who offers credit throughout the United States. John applies for credit to start a restaurant business. Mary denies John credit because she believes that older persons like John are not reliable for paying back debt. Mary has violated:

the Equal Credit Opportunity Act.

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:

the Fourth Amendment

Cowland, Inc., manufactures a low-cost generic meat alternative. It adds a filler to the meat that it does not list on its label. Cowland's actions violate federal requirements relating to the labeling of food products. These requirements are enforced by:

the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

Brad owns a hair salon that he is selling. In the salon are various items including lobby furniture, barber chairs, wall mirrors in front of each barber chair, razors, scissors, and handheld mirrors. When he sells the hair salon, the following are most likely to be considered fixtures:

the barber chairs and wall mirrors.

While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory where they become lost. While climbing the mountain as part of the rescue effort, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is:

the causation in fact, but not the proximate cause, of Ethel's death

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:

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

A fast-food chain restaurant would not be liable for the failure to disclose the adverse health effects of eating its fatty food based on the defense of:

the knowledgeable user.

In a growing number of jurisdictions, when a tenant moves out of leased premises before the term of the lease expires, the landlord is required to make a reasonable attempt to lease the property to another party. Legally, this duty of landlords is called the duty:

to mitigate damages.

Harvey is driving while intoxicated in his new truck when his tire blows out. He loses control of the truck and crashes into a tree, causing injury to himself and to his vehicle. The tire is determined to be defective. Which of the following defenses would be the most likely to be raised by the tire manufacturer in a product liability cause of action?

Comparative negligence

Comcast, an Internet service provider, provides internet service to Louis, who posts false and harmful statements about Madeline. Madeline will be able to win a lawsuit against:

Louis, but not Comcast, for defamation.

Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's Corporation's reputation, McDonald's Corporation wants to stop Roger from using the blue M. Which statement is true?

McDonald's cannot stop him from using the blue M because McDonald's cannot trademark an entire letter of the alphabet.

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?

No, because she can get similar hammers elsewhere.

Byron works at Stich-Rite Clothing Factory. The company is required to maintain safe working conditions under the:

Occupational Safety and Health Act.

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?

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.

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:

Patricia is bound to perform.

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?

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

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:

Rena must withdraw from the transaction before Gary ratifies it.

During Belinda's Chapter 7 bankruptcy proceedings, the bankruptcy judge distributes her estate to creditors, but denies her a discharge, so she remains liable for the remaining unpaid portion of all claims. Which of the following would provide the court grounds to deny a discharge?

She fraudulently concealed or destroyed financial records during the course of the bankruptcy.

Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie?

Slander per se

John invents a new type of automobile-tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent?

Susan because she filed a patent application first.

Rachel has just finished the business plan for a franchise that she expects will have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally?

The Madrid Protocol

Electronic Imports, a U.S. company, enters into a contract with E Manufacturing, a company based in China. The companies signed an agreement with an arbitration provision, stating that in the event of any disputes the matter will be arbitrated in the United States. An issue arises that causes E Manufacturing to breach its agreement with Electronic Imports, and E Manufacturing files suit in a court in China. Electronic Imports would rely on which of the following to enforce its arbitration provision in the agreement?

The New York Conventio

Marcus and Remy are owners of a condominium complex in a joint tenancy. Remy wants to leave the joint tenancy and sell his property rights to Yolanda. When Remy sells his property rights to Yolanda:

Yolanda's ownership becomes a tenancy in common with Marcus.

To ensure that American farmers can make enough money to support their families, and to ensure that the American economy is stable, Congress passes a law that states that no more than 3 billion pounds of raw sugar may be brought into the United States in any given year. This is:

a constitutional import quota.

Gabby, an accountant who is planning to move, offers to sell her sofa to her friend Trent, a baker, for $750. Trent says, "I'll take it, and I would like you to throw in the coffee table along with it." Under the Uniform Commercial Code (UCC), Gabby and Trent have:

a contract for the sofa only.

Yummy Donuts, an American company, signs a contract with Olivia who will use Yummy's secret recipes to produce and sell doughnuts in Romania. Olivia is required to protect the secrecy of the recipe and to pay Yummy Donuts a percentage of the income generated by the Romanian company. The type of business arrangement Olivia and Yummy Donuts have is most likely:

a license

Xavier is an engineer who specializes in computer aided design. Xavier visits a Web site and purchases computer-aided design software through the site's online store. Xavier clicks on-screen "I agree" boxes indicating agreement with the contract terms. In obtaining the software, Xavier has most likely obtained:

a license to use a single copy of the software.

Hady's Health Services advertises numerous "miracle cures" such as a hair growth cure for baldness. The FTC has received numerous complaints about several of these cures. The FTC most likely will require Hady's to stop false advertising for all of its products by issuing:

a multiple product order.

Hideki owns land with a huge number of trees on it. In order to protect the land, Hideki would like to remove some of the trees, or "thin" the property. Hideki gives permission to remove all but 250 trees to Ekaterina, who runs a business carving wood art in the next town. Ekaterina likely has:

a profit.

McKenna offers to sell Lori her collection of hand-painted European tiles. Before Lori has a chance to accept, McKenna says, "Sorry, I changed my mind. I'm not going to sell the tiles." McKenna has just made:

a revocation.

Sarah tells Jake that she is thinking about buying a car. Jake replies that he would like to sell Sarah one of his cars in a few weeks for a really good price. Jake has made:

a statement that is not a valid offer for lack of definiteness.

Collin offers to sell to Phillip an antique chest of drawers worth more than $2,500. Phillip agrees to buy the chest and signs a contract for the purchase. The price of the chest, however, is left out of the contract. Collin and Phillip have:

a valid contract as long as the court can determine a reasonable price at the time for delivery.

Christina has been sued and is worried about losing her "stuff." She understands that there is an exemption for housing, but doesn't want to lose all of her belongings. She most likely will be able to keep all of her personal property listed below except:

a very expensive vase that she purchased on a trip to China.

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 waiver of breach.

Amy and Reese are selling their home to Mitch and Kris. They sign a deed that affords the strongest covenants and provides the most protection to Mitch and Kris. This is called:

a warranty deed.

Abigail is the owner of a tract of land, but Umberto owns the mineral and excavation rights to that land. Umberto commences excavation in order to access the valuable minerals. While digging, he causes the surface of the land to collapse. Umberto is:

absolutely liable for any collapse.

Ben's employer reviewed his personal communications at work and then fired Ben. Ben has a viable claim for a violation of the Electronic Communications Privacy Act if his employer:

accessed Ben's private Facebook page by guessing his password.

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:

accounting.

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:

act in good faith.

Kenneth finds a home in town that has been abandoned and moves into it. He fixes broken windows, paints the house, tends the yard and garden, and puts his name on the mailbox by the street. He contacts the county office and pays the small property tax each year with cash. The owner of the house has no idea that Kenneth is there and so has never given him permission to be there, nor asked him to move out. After a certain amount of time, Kenneth may become the owner of the house and land through the doctrine of:

adverse possession.

Omega Sewing Machines is a nationally known manufacturer, having started in business almost fifty years ago. Omega and Betty's Sewing Store agree that Betty will be the only dealer in her state that will sell Omega machines. This type of agreement is most likely:

allowed under the rule of reason.

West Agricultural Services, Inc. ("WAS"), stores approximately 100,000 pounds of ammonium nitrate on its property in three storage tanks for use in agriculture fertilizer. Ammonium nitrate is highly explosive if it comes into contact with an ignition source. WAS has taken all necessary precautions to prevent any explosions. If an explosion were to occur with resulting injuries, WAS could be liable under the strict liability theory for damages proximately caused by:

an abnormally dangerous activity

Dina and Michelle buy a house together and sign a document to borrow some of the money for the house. The contract provides that they will pay a single rate of interest for the first five years of the loan and then the rate will vary depending on a specific index rate. This type of contract is:

an adjustable-rate mortgage.

Rick agrees to customize Melissa's wedding ring. The cost is $10,000. After the job is complete, Melissa refuses to pay. As long as Rick retains possession of the ring, he may seek to recover the cost of the labor with:

an artisan's lien.

Sam lives in a subdivision that has deed restrictions that prevent drilling for oil and gas. This type of limitation is known as:

an encumbrance.

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:

an exculpatory clause

Carmen owns a 2009 Toyota Camry that has been driven 24,000 miles and, to his knowledge, has no mechanical problems. He offers to sell the car to his friend Jamie for $12,000. Jamie accepts Carmen's offer. Jamie and Carmen have:

an express contract.

Janice is shopping for something to put on the floor of her dairy barn that won't cause the cows to slip but will clean it up a bit. She goes to Gabe's Farm Store and Gabe tells Janice that he has just the thing, a special rubber flooring that works well in dairy barns and has an anti-slip property to it. Based on Gabe's comments, Janice buys the floor covering and installs it. Right away, two dozen cows slip, fall, and are injured on the slippery rubber. Janice sues Gabe, contending that Gabe breached:

an implied warranty of fitness for a particular purpose.

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:

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:

apparent authority.

Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for:

appropriation

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing, a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of:

assumption of the risk.

Umberto contracts with Allison in Seattle to purchase 10,000 bags of marbles for shipment to Umberto's New York factory. If Umberto and Allison agree to a shipment contract, title passes to Umberto, the buyer:

at the time and place of shipment.

Kristin contracts with Jacob to buy a car through an online auction service. All of their negotiations and transactions are conducted electronically. None of their communications ever mention the Uniform Electronic Transactions Act (UETA), which was adopted by their state in its entirety in 2001. Their contract is:

automatically covered by the UETA.

Richie goes to Buster's Trailers to purchase a trailer. He tells Buster that he plans to use the trailer to haul fish from the ocean to his wholesalers. The sales contract has a disclaimer in large, boldface type, "Trailers sold with no warranties of merchantability or of fitness for a particular purpose." Richie signs the contract. The fish slosh around in the trailer and are killed and worthless by the time they get to market. When Richie sues Buster for his losses, the disclaimer will:

be allowed, and Richie will most likely not prevail.

To start his business, Neil borrows money from every source available to him, including all his credit cards and a line of credit at his bank. The business fails, and Neil files a voluntary Chapter 7 petition in good faith to discharge his debts. In the meantime, he returns to work as an attorney, where he makes over twice the median family income in his state. Neil's debts will most likely:

be paid, at least in part, after his case is converted to a Chapter 13 repayment plan.

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:

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

Patrick agrees to pay Anna $25,000 in exchange for Anna taking Patrick's hazardous waste and surreptitiously dumping it on the property of a competitor. After Anna dumps the waste, Patrick refuses to pay. This contract will:

be void from the outset and thus unenforceable.

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:

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

Bart orders 20,000 Class A widgets from Salvatore. Salvatore promptly ships to Bart 20,000 Class B widgets instead. Under the Uniform Commercial Code (UCC), Salvatore has:

both accepted and breached the contract.

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:

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

Foreign Steel Exports, a company based in Brazil, colludes with other steel-export companies from around the world to agree on the price of steel sold in the United States, which causes the price of steel in the United States to substantially increase. This type of agreement:

can be a violation of the Sherman Act.

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:

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

Glenn gives Senator Smith $100,000 so that Senator Smith will make sure the federal government buys all its paper clips from Glenn's company. Glenn has:

committed the crime of bribery

Kris represents Josh in the sale of his house as his real estate agent. Kris is entitled to:

compensation.

Misha owes money on several different credit cards. He owes enough money that he may be forced to declare bankruptcy. Rather than declare bankruptcy, he asks the creditors to reduce his debt amounts so that he can pay them off. The creditors and Misha sign a contract that provides for the payment of some of the debt and the elimination of the rest of the debt. This is called:

composition agreement.

The city of Orlando has offered to purchase Neil's land to be used for the expansion of a thoroughfare through the city. Neil has rejected the city's offer so the city will now proceed with a judicial action to take Neil's land, known as:

condemnation.

Susan is concerned about online retailers collecting data about her Web-browsing activities, also known as:

cookies.

Jorge downloads a movie onto his laptop without permission from the movie provider. Jorge has violated:

copyright law.

Harvey buys a used Jet Ski from Taylor's Sports Store. Harvey takes the Jet Ski to the river and discovers that it doesn't work. He immediately notifies the seller of the problem. Taylor's can:

cure the defect.

Russell reserves the domain name "juliaroberts.com" and creates a fan Web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Russell is a

cybersquatter.

Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:

damages.

Martha has a small tailoring business that employs five tailors and three shop assistants. Because business is going well, Martha decides to expand. She purchases twice as much cloth, thread, and buttons, and she borrows money to expand her store space. Initially, business continues to increase, but then there is a sharp drop-off and Martha cannot pay her debts. She declares bankruptcy and files a petition for Chapter 11 with the court. The court allows Martha to continue to operate her business. Martha is a:

debtor in possession.

Kacey purchases custom windows from Custom Windows, Inc., and wants to ensure that the goods are shipped by common carrier and that title does not pass until the windows are tendered to her address. The contract should specify that it is a:

destination contract

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:

discharges the contract by law

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:

disparate-treatment discrimination.

Justin is the accountant for a trucking company. A driver, Andrew, holds a gun to Justin's head and forces him to steal from the company. Justin falsifies records, obtains cash, and gives it to Andrew. If criminal charges are brought against Justin, he can assert the defense of:

duress.

Morris owns a bicycle store. He often leaves Daniel in charge of the store. One Saturday evening, after Daniel leaves the store, Morris discovers that he is missing $900 from the register. If Daniel took the cash, he could be found guilty of the crime of:

embezzlement

Ballard Corporation, a U.S. company, does business overseas. In France, which is a member of the European Union (EU), Ballard Corporation works with a French competitor to divide the markets within France to maximize sales for both companies. Ballard Corporation may:

face charges of violating both U.S. antitrust laws and EU antitrust laws.

John purchases a blender from JuiceMart. A crack in the plastic casing causes the blade to swing out of control and fly at John's arm. John is shaken up by the incident but otherwise uninjured. John's strict product liability suit will most likely:

fail because John did not incur physical harm to self or property

Estella agrees to lease some property that she owns to the San Juan County Historical Society for a term of one year. The Historical Society's tenancy is known as a:

fixed-term tenancy

James routinely sells office supplies to a large retailer under contracts covered by the Uniform Commercial Code (UCC). He is covered by liability insurance for as long as necessary under UCC rules under each contract. James retains an insurable interest in the goods he sells:

for as long as he retains title to the goods.

Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan:

for assault and battery.

Chloe advertises on the radio that she is selling a car guaranteed to get thirty-five miles per gallon. Chloe knows that the car will not do what she claims it will. Chloe may be successfully prosecuted:

for the federal crime of wire fraud.

Fred sued Document Security Company, alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of Document Security's paper shredders. Fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams. In order to succeed, Fred will have to show that:

foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller.

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:

fraudulent misrepresentation.

Taco Heaven, Burrito Joint, and Fast Fajitas are competitors in the Boston area. They have a secret agreement not to purchase any beef from Northwest Beef Growers' Cooperative. Their agreement is:

group boycott

Western Fitness advertised a new Omnibike that was specially designed to help users lose weight faster. It cited the example of Julie, who lost weight faster on the Omnibike than with other exercise products. What Western Fitness did not disclose is that in their study of thirty users of the Omnibike, Julie was the only one who lost weight faster than with other exercise products. Western Fitness's claims are:

half-truths, which would likely constitute deceptive advertising.

Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend Kevin. Carissa:

has a valid copyright on the novel even though she didn't register it.

Selma, an elderly widow, gives her young neighbor, Steven, written power of attorney. This means that Steven now:

has express authority to act as Selma's agent.

Samantha, a famous artist, has a contract with Alec to paint his portrait for $6,000. Samantha is very busy and wants to delegate her duty to do the painting to Patty, her top student and a very talented artist. If Alec objects, a court likely will:

honor the delegation only if the delegation was in writing.

Veronica's corn cakes are packaged with labels that say, "Veronica's delicious popped corn cakes. 20 popped corn cakes. Net weight: 5.3oz. Manufactured in Plano, Texas." Regarding the Fair Packaging and Labeling Act, the label is missing:

information about the packager or distributor

Ramona discovers that a credit reporting agency shows her having not paid a loan that she paid off last year. She writes to the credit reporting agency and requests an investigation. The agency must:

investigate and delete any errors in Ramona's report.

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:

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

Kimmy owns a small scrapbooking store in her community. She sells paper, glue, and other scrapbooking items. She decides one day to lower her prices a little bit because she wants to boost sales and market share so that she can take a vacation. She currently has a 12% market share. Under the Sherman Act, this likely:

is not a violation of U.S. antitrust laws.

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:

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

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book:

is protected for her life plus seventy years

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:

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

April owns a diamond ring that she often takes off and places on her desk while she works. She is usually careful to put it back on whenever she leaves her desk. One day, she went to lunch and forgot to take the ring. Olivia picked up the ring and did not return it to April. Olivia has probably committed the crime of:

larceny.

Kristine works for Treeteeth, a U.S. company doing business in several countries around the world. She applies for a management position but is not given the promotion because the country in which she works has a law that forbids women from supervising men. She sues for gender discrimination under Title VII of the Civil Rights Act of 1964. Kristine:

loses the case because Title VII has a "foreign law" exception

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:

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

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:

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

Wai-tung, a Chinese firm, manufactures automobiles. In order to get a foothold in the American market, Wai-tung sells its cars for several thousand dollars below what it charges in China. Wai-tung:

may have antidumping duties imposed on its imported goods

Northern Manufacturers is prosecuted for antitrust violations by the Department of Justice, which wins its case. The judge agrees to impose criminal sanctions against Northern for the injuries it caused its competitor, Mini Lake, Inc. Mini Lake:

may recover treble damages and attorneys' fees.

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:

might be engaged in disparate-impact discrimination

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:

mitigate her damages

Donald is buying a house and obtains a loan from the lender. The document Donald signs giving the lender an interest in Donald's house as security for a debt is called a:

mortgage.

Rico's Grill, Inc., is solely owned by Rico Vito. Rico's Grill borrows $10,000 from a local bank to finance the purchase of a new range. The payments are to be made monthly over a two-year period. The bank:

need not make any special disclosures.

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects:

neither Cason's concept nor his process

Tyler, who runs his business in the United States, enters into a contract with Abigail, a business owner in Australia. Tyler offers to sell factory equipment to Abigail for $30,000. Abigail responds that she will, "take it, but you have to give me a warranty on top of it." Under the CISG, Tyler and Abigail have

no contract because of the mirror image rule.

One afternoon, after a couple of beers, Steven says that because Marvin has been a helpful neighbor, he can have a right-of-way to drive across Steven's land to get to a fishing pond. Two weeks later, while Marvin is driving across Steven's land, he hears Steven yelling, "Get off my property, you trespasser!" Marvin has:

no enforceable contract.

Bee Well is one of three suppliers of portable toilets located near the border between Oregon and California. All three companies operate in both states. Bee Well charges different prices to different customers depending on the distance to the locale and the number of units rented. This is:

not a violation of the Clayton Act because Bee Well can justify charging the different rates.

Platte River Meat Packing Company maintains a three percent share of the beef-packing industry in the United States. Last year, it launched an unsuccessful effort to harm its competitors and garner monopoly share of the beef-packing industry. Platte River's efforts are:

not actionable because Platte River lacked sufficient market power to ensure a dangerous probability of success and consequent serious threat of monopolization.

A police officer notices the presence of a stolen car in Elena's driveway, seizes the car, and arrests her. Elena expected that her driveway was a private space. The Fourth Amendment's protection against searches and seizures would:

not apply because Elena's expectation of privacy is not one that society would consider legitimate.

Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely:

not be successful because threats of future harm do not constitute false imprisonment.

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:

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.

Susan agrees to sell Ben a truckload of blankets for $10,000. Susan delivers the blankets to Ben's factory on a Sunday at 4:00 a.m. Seeing no one at the factory, Susan waits for twenty minutes and leaves with the goods. Susan has:

not properly provided tender of delivery.

Gunther posted an expensive item on an online auction site. Dominic offers the highest bid and sends payment to Gunther. Gunther then refuses to send the product to Dominic. Gunther has committed:

online auction fraud

Lily began a blog, and she relays rumors and gossip that she hears in her hometown. She should be concerned about:

online defamation.

Kevin has a reasonable expectation of privacy in sharing information online in all of the following situations except:

posting a photo on Twitter or Instagram.

Amazing Bread begins selling its bread at a loss by cutting its price by more than one-half in an attempt to gain a considerable market share over its competitors. Once its competitors are out of the picture, Amazing Bread raises the price of its bread by 300%. This type of action is known as:

predatory pricing.

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:

ratification.

Bart contracts with Stanley to purchase 10,000 boxes of widgets for delivery next month pursuant to a destination contract. Under a destination contract, risk of loss passes when the widgets:

reach the buyer.

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:

reformation.

As a surety for a loan that Duke did not pay, Caden pays the debt in full. If Duke does not declare bankruptcy, Caden has a right of:

reimbursement.

David contracts to purchase seven bulldozers from Jena. Jena manufactures the bulldozers, but David is unable to pay. After notifying David of her intentions, Jena may:

resell or dispose of the goods in the open market.

Tranh owns a home with a fixed-rate mortgage. Unfortunately, the real estate market has a downturn and his home is now worth less than he owes on the mortgage. In addition, Tranh is laid off from his job. Rather than go through the time and cost of a foreclosure, the bank gives Tranh permission to sell the property for the market value and agrees to forgive the balance of the loan. This is called:

short sale.

Marcus's family purchased a trampoline in 2000. They sold the trampoline at a garage sale in 2010 to Zac's family. In 2012, Zac is injured while jumping on the trampoline when it collapses. If Zac's family sues the trampoline manufacturer in 2013, their lawsuit will likely be dismissed based on the:

statute of repose

Astor Manufacturing stores hazardous and volatile chemicals in its warehouse. The warehouse has state-of-the-art equipment to make sure the chemicals do not explode. An unexpected earthquake shakes the warehouse, causing the chemicals to explode and injure William, a passerby on a nearby sidewalk. Astor Manufacturing is:

strictly liable for William's injuries.

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:

substantial performance.

Liz agrees to cook twenty dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz's house. Liz has offered legally:

sufficient consideration, because Liz has promised something of value.

Lindsey promises Mountain State Bank that she will be responsible for a loan taken out by her niece, Emma. The agreement is that at the moment the debt is due, Mountain State may demand repayment from Lindsey. This is known as a:

suretyship.

Andrea is a famous rodeo competitor. She contracts with Wild Ride Horse Sales to purchase five pedigreed horses, which are designated by their registration numbers. In this contract, identification:

takes place when the contract is made

Geraldo receives mechanized telemarketing calls for sales of time-share homes even though he registered on the national "Do Not Call" registry. This registry was established by an amendment to the FTC's:

telemarketing sales rule.

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:

the Worker Adjustment and Retraining Notification Act.

Steven and Andrea are married and live in San Diego, California. Shortly after the marriage, they purchase a home together. Two years later, Andrea inherits ranchland from her deceased father. In terms of ownership:

the home is considered to be community property, but the ranchland is not.

A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for:

the information in the files and Laz's ideas for the game design.

Selena signs a power of attorney appointing Kim only for the purpose of signing on her behalf relating to the sale of her house. The power of attorney will normally terminate based on:

the purpose being achieved.

Kelly, a farmer, tells Farm Fresh Onions, Inc., that he will not be able to deliver the quantity of onions agreed to under the contract. If, before the time for performance has occurred, Farm Fresh Onions has not pursued an alternative source for onions and Kelly contacts Farm Fresh Onions to tell them that he can now perform:

the repudiation is retracted.

Alex files a petition for bankruptcy under Chapter 7. He owes $2.37 million to assorted creditors. Two months before filing, he sold his beach house, which was valued at $600,000, to his brother Jonah for $150,000. If the trustee objects to the sale, most likely:

the trustee will avoid the transfer and take back the house as part of Alex's estate.

A door-to-door salesperson convinces David and his wife Sonia to buy a vacuum cleaner. The next day, they learn that the same vacuum cleaner is available at a local discount store for one-third the price that they paid for it. In most states, David and Sonia have:

three days to cancel the transaction.

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:

undue influence.

Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up, but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be:

unsuccessful, because Sarah was not injured.

Seth owns and runs a small shoe factory. He finds a source of leather that is perfect for the new styles he has designed. To ensure himself a steady supply of the leather, he wants to buy the leather-processing plant. Seth's proposal is known as a:

vertical merger and will most likely be legal because it will not prevent competitors of either firm from competing in the market.

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:

vested.

2TheMoon is a private company interested in a lunar tourist route. With all proper disclosures and registrations, 2TheMoon launches an exploratory mission to the moon with the company's management on board. On its way to the moon, the group sees several defunct-looking Russian satellites that have some very expensive-looking components. On its way back to earth, they link up with several of those satellites, remove the desired components, and release the satellites back into space. The management of 2TheMoon has:

violated Article VIII of the Outer Space Treaty.

Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page and is subsequently terminated. His posts likely:

violated school policy, and his termination will be upheld.

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:

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.

Harold owes Soundstage Services for services rendered two years ago for which he has not paid. Soundstage's owner calls Harold at home once a week at four o'clock in the morning claiming that he is working for a collection agency and asks when payment will be made. The owner of Soundstage is in:

violation of the Fair Debt Collections Practices Act.

Holly comes into Matthew's bicycle shop to learn about the Easy Ride bicycle she saw in his newspaper ad. Matthew shows her the floor sample of the bicycle and says that it is designed to shift and brake more easily than her current model does. She decides to purchase one. Matthew gets a box from the back of the shop and sells it to her, stating that contains the bicycle Holly wants. Matthew does NOT create an express warranty with his statement that the bicycle inside the box:

was purchased from a disreputable manufacturer.

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:

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

Chloe buys a product from Good Times, Inc., that includes a shrink-wrap agreement. After using the product, she decides it is defective and sues Good Times. If the court determines that Chloe learned of the shrink-wrap terms after the contract was finalized, it may conclude that the terms were proposals for additional terms, which then:

were not a part of the contract unless Chloe expressly agreed to them

James contracts with Zeke to purchase 1,000 cotton tents from a lot that contains 10,000 tents made of cotton, nylon, felt and polyester. If identification is not specifically mentioned in the contract, these tents are identified:

when Zeke marks, ships, or somehow designates them as the goods in the contract.

Print Quik, Inc., seeks punitive damages in a lawsuit against Reddy Supply Company. Generally, punitive damages may be recovered:

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

Randolph contracts to buy a load of high-quality granite rocks for his landscaping company. The contract does not contain any explicit agreements regarding when the passage of title will occur. Under the provisions of the Uniform Commercial Code (UCC) 2-401, the passage of title will occur:

when the seller delivers the rocks to Randolph.

Andrew is a soybean farmer. He has a contract with a cooperative company called Big Beans, Inc. Every year Big Beans agrees to buy all the soybeans that Andrew grows on his farm. Big Beans acquires an insurable interest in Andrew's soybeans:

when the soybeans are planted.

Amjed sues Larry, a landowner on whose property Amjed was injured. Larry believes that Craig is a lawyer and hires Craig to defend him in the lawsuit. Craig is not a lawyer, so the contract between Larry and Craig:

will not be enforced

Samuel writes a book and files for copyright protection in the United States. In order for Samuel to receive copyright protection in France and Germany, Samuel:

will receive international copyright protection pursuant to the Berne Convention.

Jason is a small-business owner. He has a dry cleaning business. One year, Jason has to replace nearly all of his equipment, and the rent on his building increases. Jason borrows money to cover his expenses. Business is slow, however, and Jason eventually realizes he must declare bankruptcy. Neither Jason nor his creditor wants the expense and hassle of going to court. They can settle their creditor-debtor relations outside of court through a:

workout.

Eric brings a valuable watch to Sherry's clock shop for repairs. One of Sherry's assistants mistakenly allows Eric to take the watch without paying for the repairs. Sherry sues Eric to recover payment for the repairs, and she asks the court to direct the sheriff to seize and take custody of the watch before the trial. Sherry is seeking a:

writ of attachment.

Edward brings a valuable piece of jewelry to Luisa's shop for repairs. One of Luisa's assistants mistakenly allows Edward to take the jewelry without paying for the repairs. Luisa sues Edward to recover payment for the repairs, and wins. Edward does not have the cash to pay Luisa. Luisa asks the court to issue an order to the sheriff to seize some of Edward's property to pay off the debt. Luisa is seeking a(n):

writ of execution.

The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed:

wrongful interference with a business relationship.

The city of Dallas has a 300-acre tract of land. There are specific rules regarding how the land may be used and developed. This type of rulemaking is called:

zoning

The secretary of commerce for the United States and the minister of commerce and industry for India are not authorized to sign treaties on behalf of their nations. Even so, the two officials work together to identify and articulate historic and current commercial practices that are common to both countries and that are routinely accepted by companies in both countries. In doing this, the two officials are:

establishing a foundation of custom as a source of international law between their nations

The Department of Justice wants access to the telephone records of a major newspaper. The requirement for a search warrant, an order from a judge authorizing the search of the records, would be required under the:

Fourth Amendment.

Ginger is a retired school teacher who makes baked goods in her spare time. She occasionally delivers a batch of her cookies to the neighborhood restaurant to be sold at the cash register. One of her batches of cookies causes more than twenty people to become extremely sick with food poisoning. Which of the following statements is applicable?

Ginger cannot be sued under the theory of product liability.

John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, she can defend herself under:

Good Samaritan statutes.

Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that:

Harrison does not really own the car.

MediaContact, Inc., specializes in sending spam on behalf of its clients. MediaContact may be required to do which of the following in order to comply with state laws?

Instruct spam recipients on how to "opt out" of their e-mails.

Geo Sox, an American company, agreed to sell copper electric cables to a state owned company in Nigeria. Geo Sox was given very specific manufacturing requirements and had to invest in new machinery to meet the requirements. Once the order was processed, the Nigerian electric company repudiated the contract and then claimed immunity under the Foreign Sovereign Immunities Act (FSIA). However, Geo Sox might prevail in court because:

Nigeria engaged in strictly commercial activities.

Mack is injured by a tractor manufactured by WestCo. In order to defend against a negligence claim based upon the product, WestCo. may show that it exercised "due care" by all of the following except:

Showing the absence of privity of contract between it and the consumer.

Emily, while driving a car manufactured by Toyosan, suffered a side impact collision from another driver. Despite the fact that Toyosan's air bag deployed, Emily hit her head against the steering wheel, causing damage to her face and teeth. If Emily sued Toyosan for strict product liability, the court would likely conclude that:

Toyosan's air bag was defective because it did not meet the expectations of a reasonable consumer.

Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot Products' in the air conditioners it manufactures. Allied Electric does not have Hot Products' permission to use the motor. Can Hot Products win a patent infringement case against Allied Electric?

Yes, because Allied Electric infringed on Hot Products' patent.

Starla was killed when her car struck a horse that was roaming on the highway with several other horses. The Sea Horse Ranch owned the horses, which were property of the corporation that owned the ranch. The horses frequently escaped through poorly maintained fences surrounding the ranch. Shipley, the ranch's owner and president of the corporation, had been cited by the police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Shipley for involuntary manslaughter. Can the Sea Horse Ranch corporation be held liable for the crime?

Yes, because a corporation can be held liable for the criminal actions of its officers.

Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography not mountains. Sally's use of the photos is

an infringement of Isaiah's copyright.

Unobtainium Venture Capital (UVC), a new venture capital start-up, wants to create a place for employees to communicate and share files, but wants to minimize its potential risk to competitors by protecting its trade secrets that the shared data may contain. UVC should utilize

an internal social network.

Habib is an Arab prisoner being held in a U.S. prison. Another prisoner, Aham, attacks and seriously injures Habib. Habib's family in Saudi Arabia wants to file a lawsuit in a U.S. court against the American company that operates the prison, for negligently allowing Habib to be injured. If Habib's family wishes to file a lawsuit alleging a violation of a U.S. treaty, they may

be able to bring a lawsuit under the Alien Tort Claims Act (ATCA).

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain Mark's posts on his social media. Irene will

be allowed to obtain Mark's social media posts before the trial begins

Gavin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Gavin reports the profits of his gambling operation as legitimate store income on his tax returns. Gavin is engaged in:

money laundering.

Harry discovers that a chemical compound has had an adverse impact on his land. The chemical compound is manufactured by five companies. Harry cannot identify which manufacturer's chemical caused the adverse impact to his land. Harry files a product liability lawsuit against all five companies. Harry's case will:

not be dismissed against any manufacturer because of market-share liability.

David, a ten-year-old, purchased a plastic snow sled from Qmart. He went sledding, lost control, hit a tree, and was injured. David's parents filed a negligence lawsuit in a state court against Qmart, alleging that the store should not have sold this type of sled because it was difficult to steer and had no brakes, making it unreasonably dangerous. Qmart contended that sledding is an inherently dangerous activity and that David assumed the risks involved when he went sledding. The court probably found that Qmart was:

not liable because David assumed the risks of sledding.

Exxon owned a gasoline station in Virginia that it used for years. The station had five underground gasoline storage tanks that were not properly maintained. The property was sold to AFA, which discovered gasoline contamination of the soil. AFA filed a lawsuit in Virginia state court contending that Exxon should be held strictly liable for the cost of cleaning up the property. The court most likely found that Exxon was:

not liable because gasoline storage is not an abnormally dangerous activity.

Glen is a dairy farmer who owns 500 milk cows. His fences are in poor repair, and his cows are often found eating the grass on Hank's land. Hank believes that Glen is responsible for damages to Hank's land on a theory of strict liability. The court will most likely find that Glen is:

not liable because raising cattle is not an inherently dangerous activity

The government of Thailand passes a law stating that no U.S. dollars are allowed to enter the country. Americans traveling to Thailand therefore may not bring dollars with them. All dollars have to be exchanged for the Thailand domestic currency (Thai Baht) at any border crossing, airport, or train station. Laura, a U.S. citizen, files a lawsuit against Thailand in a U.S. court challenging the legality of this law. Laura will most likely:

not prevail because of the act of state doctrine

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a:

service mark

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for:

the name only

On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their:

trade dress.

BKS Incorporated has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility, and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be:

trade secrets.

Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of:

trademark infringement.

Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed:

trespass to land.

Abigail takes Julie's laptop without her permission, and when she returns it a week later, it is obvious it has been damaged. Abigail has probably committed the tort of:

trespass to personal property.

Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a Web site which he has set up that sells retail goods online. Ron's action is known as:

typosquatting.