Business law Mid-term #2 part 2
Samson is a government employee. Samson is limited in drug testing by the
4th amendment
Fancy Feedlot orders one hundred sacks of cattle feed from Bovine Feeders, Inc. Each bag has the words "Twenty percent protein" printed on the front. This is
an express warranty
Dan, a computer programmer, holds a garage sale to sell a lawnmower, some clothes, some CDs and some old clothes. Will, a lawyer, sells Thelma his collection of seashells. Philip, a CEO of a successful company, sells George his pet parakeet. Judy, an expert horse trainer, sells Bob a horse. Which person would be considered a merchant under the UCC?
Judy
Donna goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when
a debtor's creditors force the debtor into bankruptcy proceedings
Bess wishes to appeal a decision of a bankruptcy court. Bess may appeal to
a federal district court
Peter, an agent for Zippy Cars, Inc., writes a letter to Cassandra on March 1 stating that he will sell her a 2011 Suburu Outback for $20,000 between March 1 and April 30. Peter's letter to Cassandra is
a firm offer
Muffins-2-Go buys a truck from Street Vehicles, Inc., under a contract signed by Riley, Muffins-2-Go's president, making him personally liable if Muffins-2-Go does not pay the loan. Riley is
a guarantor
Orange Manufacturing Corporation (OMC) orders twelve job-training and on-the-job safety DVDs from Plum Productions, Inc., which delivers the disks to OMC's plant. This is most likely
a sale of goods
Sela agrees to act on Thom's behalf, subject to Thom's control, and Thom trusts Sela to so act. They set out the terms in a written document, which they both sign. This is
an agency by agreement
Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to approve the contract. This is
an agency by ratification
Sigrud buys spiked mountain-climbing shoe from Rockridge Gear Store. The spikes come out of the shoes when Sigrud in on the side of a mountain, causing her to be injured in the fall. Rockridge breached
an implied warranty of fitness for a particular purpose
Ester is a lighting technician who hires out on a per-project basis to film and television production companies, as well as theatres and other venues that stage dramatic and musical performances. In this capacity, Ester is
an independent contractor
To obtain office supplies for All-Care Medical Clinic, Britney executes a draft in favor of Chris. A draft is
an unconditional written order to pay money
Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her
annual wage base
To borrow money to finance the start-up of his business, Bob executes an instrument in favor of City Bank. For the instrument to be negotiable, the signature must be
anywhere on the instrument
Roland files for Chapter 7 bankruptcy. After all his assets have been sold and the proceeds distributed among his creditors, Roland's remaining debts
are discharged
Clara is a salesperson in The Corner Store. When Carla makes a sale to Jenny, the sale is
binding on The Corner Store
Screen Perfect, Inc., and TV Stores enter into a contract for a sale of high-definition television sets. Screen Perfect ships goods that do not exactly conform to the contract in some details. TV Stores
can reject the entire shipment
If a bank is both the drawer and the drawee with regard to a draft, then the draft is a
cashier's check
Pine Mills Corporation and Ur-Choice Lumberyards enter into a contract for a sale of plywood. Under a destination contract, the seller must
deliver the goods to a particular destination
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
Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that
exactly conform to the contract in every detail
Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than
forty hours a week
Regional Wood Products Company and Sylvia enter into a contract for a sale of lumber. Regional knows the purpose for which Sylvia will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises
if the seller is a merchant who deals in goods of the kind sold
Precise GPS Company's ad states that its product is "the finest that money can buy." Because of this ad, the Federal Trade Commission is most likely to issue
none of the choices
Karen writes on a piece of paper, "I owe you $600," signs it, and gives it to Lou. This instrument is
nonnegotiable, because it does not include an express promise to pay
Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting. Under a shipment contract, the seller must
place the goods into the hands of a carrier
Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber. In this relationship, Jackson Lumber is the
principle
Community Construction Corporation offers to buy from Solid Cement Company a certain quantity of cement for a certain price. Solid can accept the offer by:
promising to ship or promptly shipping the cement
Equipment Rental Corporation and Floodlights, Inc., are partied to an oral agreement for a lease of goods with payments in excess of $10,000. They may satisfy the Statute of
seeking out the terms in an email
Robert is selling his used lawnmower. He wants to disclaim any implied warranties. Robert
should include a written disclaimer that the lawnmower is being sold "as is"
Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least
sixty days notice
To obtain a business license, Bess writes a check to a certain state agency. Bess is
the drawer
Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants
under no circumstances
On January 10, Winchester Pet Supplies orders fifty small dog collars from Quality Collars, Inc. to be delivered on January 15. On January 13, Quality Collar tenders fifty large dog collars. Winchester Pet Supplies rejects the shipment. Quality Collars has
until January 15 to cure