MANAGERIAL LAW CH. 7-13 QUIZZES

A party to the original contract.

A third party beneficiary is someone who is not:

shrink-wrap license

A(n) __________ places the license terms on the outside of a box containing software.

the sales talk was puffery or an express warranty.

In CASE 8.2 MacNeil Automotive Products, Ltd. v. Cannon Automotive, Ltd. (2010), MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles. MacNeil claimed the mats were defective and breached the express warranty. The main question before the court was whether:

nuisance

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of:

Employees who have express employment contracts for a fixed term and public employees

Which of the following are generally NOT subject to the employment-at-will rule?

OSHA requires that notices of any potentially dangerous conditions be posted and also that citations for penalties be posted.

Which of the following are included within OSHA requirements regarding posting of information?

Specific performance

Which of the following is NOT a type of warranty under the UCC?

Anticipatory repudiation, breach the contract

__________ of a contract occurs when one party knows ahead of time that the other party will __________.

The duration of limitations, geographic limitations, and the scope of the activities prohibited

Assuming a jurisdiction permits noncompete agreements, which of the following is considered in determining whether restrictions are reasonable?

The court might rule that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.

Based on the text, if employees sue a company who transmits their names and Social Security numbers to managers in the company in an unsecured manner, how might a court rule? ( See the Bodah v. Lakeville Motor Express, Inc. case.)

factum

Fraud in the __________ occurs when a party is persuaded to sign one document thinking that it is another.

unavoidably unsafe

If the societal value of an inherently dangerous product outweighs the risk of harm from its use, it is known as a(n) __________ product.

​concerted activity under Section 7 of the NLRA, including communication to each other about wages, hours, and working conditions.

The "Inside Story" focuses on Employers' Policies Regarding Employees' Use of Social Media. The NLRB issued guidelines to protect employees' use of social media, especially concerning:

Race, color, religion, national origin, or sex

Title VII prohibits discrimination based on which of the following?

The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was the but-for cause of the challenged employer decision.

Which of the following must the plaintiff prove in an Age Discrimination in Employment case?

The Dodd-Frank Wall Street Reform and Consumer Protection Act

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Disparagement

__________ is the publication of statements derogatory to the quality of the plaintiff's business, to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

nonexempt

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as __________ employees.

certification mark

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Market-share liability

A few years ago Bernice purchased some medication through her veterinarian for her aging pet iguana, Scales, who had a skin disease. Scales died a few months after beginning the medication. At the time of the death, Bernice thought that Scales had died of natural causes. She just read in the newspaper, however, that a number of reptilian type animals had been harmed by the drug Scales ingested. Bernice immediately talked to her veterinarian who told her that while she now believes the medication was harmful to Scales, it was manufactured by a number of different manufacturers, and there is no way to determine the exact manufacturer of the medication given to Scales. Which of the following is Bernice's best chance at recovery?

manufacturing

A product that was sold without a component part properly fastened to the product is an example of a __________ defect.

For up to six years

Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. ​ Refer to Fact Pattern 12-1. If Ricardo comes to the U.S. to work with appropriate documentation, for how long will he generally be authorized to work?

She should consider relying on the Health Insurance Portability and Accountability Act which would likely prohibit enforcement of the preexisting condition exclusion.

Roxanne has a serious heart condition. She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years. She has been offered a great job at Up and Coming Company that she would like to take. It pays slightly less but has great opportunities for advancement. Up and Coming has health insurance, but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months. Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company. Up and Coming wants her to start immediately. She is in a quandary about what to do. What would you advise her to consider?

She should stop selling the combs immediately.

Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. ​ Refer to Fact Pattern 11-1. Assuming the validity of the earlier patent, which of the following is true regarding Samantha's rights to legally continue selling the combs?

That the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved.

The Nat'l Treasury Emps. Union v. Von Raab case referenced in the text, involved the testing of U.S. Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms. How did th e U.S. Supreme Court rule?

That Ben should sue based on promissory estoppel.

As a birthday gift, Ben's uncle promised Ben that he would pay Ben's business school tuition for the next semester. In reliance on that promise, Ben quit his part time job at a fast food restaurant. When the tuition bill became due, Ben's uncle told Ben that he was sorry but that he would not be able to pay the tuition because he just built a new swimming pool at his house, and funds were running short. Ben asks you if there is any basis upon which he could win in litigation against his uncle. Which of the following would be the best advice?

There are greater limits on drug testing in relation to public employees as compared to private employees because public employees have rights under the U.S. Constitution.

Which of the following is true regarding drug testing of public and private employees by employers?

The writing must be signed by the party to be charged, not necessarily by all parties

Which of the following is true regarding the UCC's Statute of Frauds?

The UETA and also the E-Sign Act exclude wills from their coverage.

Which of the following is true regarding the UETA in relation to the E-SIGN Act?

​engaged in direct copyright infringement when it publicly performed ABC's live broadcasts.

In CASE 11.2​ American Broadcasting Companies, Inc. v. Aereo, Inc. (2014), the U.S. Supreme Court ruled for American Broadcasting Companies, finding that Aereo had:

plaintiff, the statements were sufficient to create a "racially hostile" work environment but that the plaintiff could not recover because the defending employer took prompt and appropriate remedial action against the offending employee.

In CASE 13.1 Green v. Franklin National Bank of Minneapolis (2006), plaintiff sued her employer-Bank after a co-worker repeatedly called her "monkey" and used other slurs. In its decision, the court held for the __________, ruling that __________.

The employee retirement security act

Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?

Promissory estoppel

Which of the following is NOT one of the basic elements for formation of a valid contract?

Use of a copyright notice is required.

Which of the following is NOT true regarding current U.S. copyright law?

intent

The tort of negligence does not include the element of:

Damages to deter others from engaging in similar conduct.

Which of the following is not a part of the measure of compensatory damages?

parol evidence, inadmissible

Under the __________ rule, when a contract is unambiguous any evidence of contemporaneous statements are __________in court.

libel

Written defamation is known as:

Equal Employment Opportunity Commission (EEOC)

The __________ is the primary enforcer of civil rights legislation in the United States.

Genetic Information Nondiscrimination Act

The __________ prohibits employers from using genetic information to make decisions about hiring, firing, or compensation.

Occupational Safety and Health Administration.

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is the:

In the absence of a provision in an offer regarding how acceptance is to be made, acceptance is effective upon dispatch into a mailbox.

Which of the following is true regarding acceptance?

In an extreme case, a judge may set aside a jury verdict on causation grounds.

Which of the following is true regarding causation in a failure-to-warn claim?

​substantially limits, a major life activity

​An impairment is a disability under the ADA only if it__________ an individual's ability to perform __________ as compared with most people in the general population.

14

Under federal law, it is illegal to employ anyone under the age of __________, except in specified agricultural occupations.

sophisticated user

Under the __________ defense, a manufacturer is not liable to a sophisticated user of its product for failure to wan of a risk harm, or danger if the sophisticated user knew or should have known of the risk, harm, or danger.

undue influence

Under the doctrine of __________, a court may invalidate an agreement if one party had sufficient influence and power over the other as to make genuine assent impossible.

It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, including employment contracts.

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

merger

When an idea and its expression are inseparable, the __________ doctrine dictates that the expression is not copyrightable.

An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin.

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract?

Unilateral mistake of fact

Which of the following does NOT generally make a contract voidable?

I-9

Employers must complete a(n) _____ form showing verification of the identity and employment eligibility of all persons hired.

Yes, because his stopping smoking for six months, as agreed, was adequate consideration for the contract.

Helen tells her nephew, Bernard, that she will pay him $100 if he will stop smoking for six months. Helen was hopeful that if Bernard stopped smoking for six months, he would stop altogether. Bernard stops smoking for six months but then resumed his smoking. Helen will not pay him. She says that the type of promise she made cannot constitute a binding contract and that, furthermore, it was at least implied that he would stop smoking for good. Can Bernard legally collect $100 from Helen?

carrier tenders the goods to the buyer at the specified destination.

If a sales contract requires the seller to ship the goods by carrier and specifies the destination, the risk of loss passes to the buyer when the:

living wage

Programs in effect in some states requiring employers to pay employees wages approximating the real cost of living in the locality are called __________ ordinances.

It is not a valid defense to enforcement of a contract.

Which of the following is true regarding a mistake of judgment?

Inevitable disclosure

Some courts have recognized a form of employee trade secret misappropriate under the __________ Doctrine, which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

ENGLISH ONLY

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

statute of repose

A __________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

procedurally unconscionable

A contract is __________ when one party is induced to enter a contract without having any meaningful choice.

A post operative x-ray showed a surgical sponge in your stomach.

In which of the following situations would the doctrine of res ipsa loquitur apply?

At least one court has ruled that Trudy has a cause of action under Title VII based upon retaliation.

Trudy, a female manager at ABC Company, was surprised to learn that one of her male employees had accused her of sexual harassment. Trudy denied all charges. After a long and expensive battle in court, the jury ruled in favor of ABC Company on all charges. A few days after the trial, Trudy's supervisor fired her for no apparent reason. Trudy obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her. Trudy thought that was unfair because she was completely vindicated by the jury. Are any remedies available to her under Title VII?

10.10 per hour

Congress has introduced the Fair Minimum Wage Act of 2013, which would increase the minimum wage to __________ by 2016.

Yes, an employer can be liable to the plaintiff injured in the accident, based upon the principle of vicarious liability.

According to the text, can an employer be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function? (See the Lev v. Beverly Enterprises-Massachusetts, Inc. , case.)

ABC could likely recover on a theory of quantum meruit.

Alice typically mows her own lawn whereas her neighbor pays to have her yard mown by ABC Law Service. Alice notices one day that an apparently new employee of ABC is mowing Alice's yard by mistake. She says nothing. When the employee asks for payment, Alice refuses on the basis that the yard mowing was a mistake and that she has no contract with ABC. Which of the following is true regarding whether ABC could recover against Alice?

the birth of a child, the care of a parent, a serious personal health condition rendering the employee unable to do his or her job.

An employee may use the Family and Medical Leave Act for:

yes

Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000. ​ Refer to Fact Pattern 9-2. Assuming she has the financial resources or sufficient insurance, can Blake recover the entire $100,000 from Cathy?

Kiera is correct that her electronic signature is sufficient.

In a state that had adopted the Uniform Electronic Transactions Act, Kiera and Ben entered into a contract whereby Ben would clean Kiera's house once a week for eighteen months for $75 per week. The transaction was done electronically, and both Kiera and Ben signed through the use of an electronic signature. Unfortunately, problems resulted when Ben failed to show up as scheduled. Ben told Kiera that the contract was not good because his signature was made electronically. Kiera told him that he was wrong and that he needs to get up to date with the modern age. Which of the following is correct regarding the dispute?

continuity-of-enterprise approach

In regard to successor liability, courts applying the __________ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation or reincarnation of the predecessor entity.

​home-care personal assistants, fair share

In the Harris v. Quinn case discussed in the text, the State of Illinois attempted to compel __________ chosen by Medicaid to pay their __________ fees to the bargaining representative representing their union.​

The Consolidated Omnibus Budget Reconciliation Act

Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. ​ Refer to Fact Pattern 12-2. Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare?

A class action

Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron's propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. ​ Refer to Fact Pattern 10-1. Which of the following would be an advantageous type of action with which Polly should become associated?

It is likely that he would be found guilty of copyright infringement particularly since he arranged for copying of the entire manual, not limited sections.

Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages. ​ Refer to Fact Pattern 11-2. Can Professor Peter be found guilty of copyright infringement?

Danny had an option contract with Prudence.

Prudence offered to sell her car to Danny for $3,000. Danny was not sure what to do, so he asked Prudence if she would hold the offer open for him for one week for $50. Prudence said sure, and the parties signed a contract to the effect that Prudence would hold the car. A few hours later, Bobby unexpectedly offered Prudence $3,500 for the car, and Prudence sold it to him on the spot. Danny decided to buy the car, but when he came by to pick it up the next day, it was gone. Prudence gave Danny his $50 back telling him that was her only obligation and that if he had any complaints, he could take it up with Bobby. Danny found a similar car the next week for $3,500 and purchased it.

Compensatory damages consisting of $500

Prudence offered to sell her car to Danny for $3,000. Danny was not sure what to do, so he asked Prudence if she would hold the offer open for him for one week for $50. Prudence said sure, and the parties signed a contract to the effect that Prudence would hold the car. A few hours later, Bobby unexpectedly offered Prudence $3,500 for the car, and Prudence sold it to him on the spot. Danny decided to buy the car, but when he came by to pick it up the next day, it was gone. Prudence gave Danny his $50 back telling him that was her only obligation and that if he had any complaints, he could take it up with Bobby. Danny found a similar car the next week for $3,500 and purchased it. ​ Refer to Fact Pattern 7-1. What damages, if any, could Danny likely collect against Prudence in litigation over the car?

consumers could sue generic drug manufacturers for defectively designed drugs that makes them unreasonably dangerous.

The main question for the U.S. Supreme Court in CASE 10.4 Mutual Pharmaceutical Co., Inc. v. Bartlett (2013) was whether:

The system is based on the principle that the risks of injury in the workplace should be borne by the state.

Which of the following is NOT typically true of a state workers' compensation statute?

Novation

Which of the following is a technique by which a new party is substituted for one of the old parties, and a new contract is written (with the consent of all old and new parties) to effect the desired change?

Browse-wrap agreement

Which of the following is an online agreement that appears on a website but does not require the user to take any action to express his or her consent to the agreement?

(1) The purpose and character of the use, (2) the economic effect of the use on the copyright owner, (3) the nature of the work used, and (4) the amount of the work used.

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

Japanese statutory law prohibits sex discrimination.

Which of the following is true regarding Japan's discrimination protection?

In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment.

Which of the following is true regarding employment laws within the European Union?

There is a federal law prohibiting employers of over a certain number of employees from firing employees based on genetic information.

Which of the following is true regarding genetic testing by employers?

The patent holder is barred from recovering for any infringement of its patent during the period of misuse.

Which of the following is true regarding patent misuse?

The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys' fees.

Which of the following is true regarding remedies for patent infringement?

It requires that financial institutions provide privacy protections to consumers, that customers be given notice before the sharing of personal information with other entities occurs, and that customers be given the right to opt out of disclosures to third parties.

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?