test 3, TEST TWO
severable
A(n) ______ contract contains multiple parts that can each be performed separately.
third-party beneficiary
A(n) ______ contract is created when two parties enter into a contract with the intended purpose of benefiting a third party.
indivisible
A(n) ______ contract requires complete performance by both parties, even if it appears as though the contract contains multiple parts.
affirmative
A(n) ______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.
license
A(n) ______ granted by a patent holder allows others to manufacture and/or sell the patented object.
justifiable
A(n) ______ ignorance of facts is one party's lack of knowledge regarding a provision of an agreement that would make it illegal.
inter vivos gift
A(n) ______ is a gift that is made by a person during his or her lifetime.
covenant
A(n) ________ is a promise that parties are legally required to perform under a contract.
The court may rewrite the contract to benefit the party that created the unconscionability.
According to Section 2-302 of the Uniform Commercial Code, which of the following judicial options is not available for a court when it finds that a contract is unconscionable?
The party claiming discharge was the victim of undue influence.
According to the Restatement (Second) of Contracts, discharge by reason of commercial impracticability requires the party claiming the discharge to prove all but which of the following?
service of process from the first assignee
According to the Restatement (Second) of Contracts, if a first assignment is legally voidable or revocable by the assignor, a later assignee is considered the legal owner of a contractual right if he or she offers something to the assignor as consideration and then obtains any but which of the following?
fact
Actual cause is also known as cause in ______.
employee right to all financial records of the employer
At a minimum, employer privacy policies should cover all but which of the following issues?
employee rights to Fourth Amendment privacy protections
At a minimum, employer privacy policies should cover all but which of the following issues?
One party realizes after the contract is formed that the agreement is a "bad bargain."
All but which of the following circumstances would trigger a successful request for contract rescission on grounds of duress?
One party is mistaken about a material fact pertaining to the contract.
All but which of the following circumstances would trigger a successful request for contract rescission on the basis of duress?
a written contract itself
All but which of the following evidence is typically excluded under the parol evidence rule?
The injured party will always prevail in a claim against the party who made the false assertion, as a false assertion results in strict liability.
All but which of the following is an accurate statement regarding the responsibilities of the injured party in a contract when a false assertion has been made by the other party?
substantive
An agreement in which one party has little to no legal recourse is an example of ______ unconscionability.
illegal and unenforceable
An agreement to commit a crime or tort is ______.
assignor; assignee
An assignment occurs when a party to a contract, the ______, transfers his or her rights to the contract to a third party, the ______.
personal property
An automobile is an example of ______.
made either orally or in writing
An express ratification may be ______.
a contract for joining a school team
As a general rule in most states, which of the following contracts is a minor allowed to disaffirm?
a school club membership contract
As a general rule in most states, which of the following contracts is a minor allowed to disaffirm?
intentional
Assault is an example of a(n) ______ tort.
obligee
By way of an attorney-client agreement, Charity Vance looks forward to attorney Jack Highlander's legal representation of her in a divorce proceeding next month. In this specific context, Charity is a(n) ______ of the contract.
Age Discrimination in Employment Act; 40
The ______ was enacted to prohibit employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age ______ or older.
integrated
The parol evidence rule applies when there is a fully ________ agreement.
unconscionable
The patently unfair nature of an exculpatory clause is closely tied to the idea of ______ contracts.
personalty
Trespass to personal property is also called trespass to ______.
Real property
Trespass to realty is also called trespass to ______.
True
True or false: A trademark used intrastate is protected under state common law.
False
True or false: Employers can prohibit employees from using social media to initiate group action.
the incidental beneficiary
In determining whether a third party is an intended beneficiary, courts ask whether the contracting parties intended the third party to be all but which of the following?
patents
In most cases, ______ are licensed in exchange for the payment of royalties.
Foreseeability
In most states, proximate cause is determined by ______.
a fee simple
Nonpossessory estates include all but which of the following?
minors
One of the oldest limitations on capacity is the ability of ______ to enter into only voidable contracts.
fungible goods
Ownership by confusion only involves ______.
title
Ownership of property is referred to as ______.
frauds
Partial performance is an exception to the statute of ______ in which the performance of portions of an unwritten agreement by one or both parties can constitute proof that an oral contract exists between the parties.
legal
Proximate cause is also referred to as ______ cause.
policy
Public ______ involves both the government's concern for its citizens and the beliefs people hold regarding the proper subject of business transactions.
society
Public policy focuses on what is in the best interest of ______.
exemplary
Punitive damages are also known as ______ damages.
knowledge
Scienter means ______.
incidental
Suppose Jeremy was illegally terminated by his employer before his employment contract term was complete. If Jeremy has to spend money to find another job, such expenditures would be considered ______ damages.
The National Labor Relations Act requires both labor and management to bargain in good faith regarding the terms and conditions of employment.
Which of the following is an accurate statement regarding the collective bargaining process?
According to the majority rule, it does not affect the minor's right to disaffirm the contract.
Which of the following is an accurate statement regarding the effect a minor's misrepresentation of age has on his or her right to disaffirm a contract?
If worded improperly or ambiguously, an antiassignment clause does not effectively limit an assignment.
Which of the following is an accurate statement regarding the enforceability of an antiassignment clause?
Most states currently use the first-assignment-in-time rule.
Which of the following is an accurate statement regarding the first-assignment-in-time rule?
To be enforceable, a contract must both have a legal exchange as its subject and be able to be performed legally.
Which of the following is an accurate statement regarding the legality requirement of contract enforcement?
A delegator is not relieved of his or her duty to perform an assignment by making a delegation.
Which of the following is an accurate statement regarding the liability of a delegator?
As a general rule, parents are not liable for the contracts entered into by their minor children.
Which of the following is an accurate statement regarding the parental liability for the contracts entered into by their minor children?
Evidence of a written contract's subsequent modification is admissible if it was made after the contract and if it clearly indicates the modification.
Which of the following is an accurate statement regarding the relationship between the parol evidence rule and the subsequent modification of an existing, written contract?
capacity
A person who has the legal ______ to contract is one who has the mental ability to understand his or her rights and obligations under a contract and therefore will presumably be able to understand how to comply with the terms of the agreement.
The contract between the plaintiff and the defendant was for the sale of goods valued at $500 or more.
A plaintiff must prove all but which of the following in order to recover equitable relief?
The plaintiff was forced into the contract due to economic duress.
A plaintiff must prove all but which of the following in order to recover equitable relief?
injunction
A preliminary ______ fulfills the purpose of maintaining the status quo until a case can be finally decided.
making employment decisions related to an individual dependent on the individual's race
According to the U.S. Supreme Court, sexual harassment includes all but which of the following?
Terms other than quantity must be exact and included in the written contracts.
According to the Uniform Commercial Code (UCC), Section 2-201, which of the following is an incorrect statement about contracts for the sale of goods priced at $500 or more?
the parties' actions
According to the Uniform Commercial Code, all but which of the following satisfies the writing requirement for sales contracts?
impracticability
Commercial ______ arises when, because of an unforeseeable event, one party would incur unreasonable expense, injury, or loss if that party were forced to carry out the terms of the agreement.
impracticability
Commercial ______ is used when performance is still objectively possible but would be extraordinarily injurious or expensive to one party.
vest
For a contract right to ______, the right must mature so that a party can legally act on it.
a buyer who relied on the seller's sales talk (also known as "puffery")
For a mutual mistake to interfere with legal consent, it must involve all but which of the following?
a contract for the sale of goods transaction that provided ambiguous bargaining power
For a mutual mistake to interfere with legal consent, it must involve all but which of the following?
keep certain things out of public view even if they are true
Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.
creditor
If a promise in a contract is intended to release a party from an obligation to a third party, such as the paying of one's debt, the contract involves a(n) ______ beneficiary.
terminated
If a seller, without the knowledge of the buyer, changes the price of the contract, the buyer can treat the contract as ______.
secondary
If an administrator or executor agrees to pay estate debts personally, he or she has assumed a(n) ______ obligation.
slander
If defamation is made orally, it is ______.
subjective
In the context of impossibility of performance, ______ impossibility means it would be very difficult to carry out a contract.
nominal
In the context of legal remedies, a court awards a plaintiff $1. This is most likely indicative of ______ damages.
royalty
In the context of patent licensing, a ______ is a sum of money paid for each use of the patented process.
nonobvious
In the context of the criteria required for patent protection, to say that an invention must be ______ means that the invention must not be one that a person of ordinary skill in the trade could have easily discovered.
It does not discharge the parties' obligations under a contract.
In the context of the discharge of a contract by law, which of the following is an accurate statement regarding subjective impossibility of performance?
Pregnancy Discrimination Act
The ______ expanded the definition of discrimination based on gender to include discrimination based on pregnancy.
promisor
The ______ in a third-party beneficiary contract is the party to the contract who made the promise that benefits the third party.
Employee Retirement Income Security Act
The ______ is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in such plans.
National Labor Relations Board
The ______ is the administrative agency that interprets and enforces the National Labor Relations Act.
promisee
The ______ is the party to the contract who owes something to the promisor in exchange for the promise made to the third-party beneficiary.
tolling
The ______ of the statute of limitations is the expiration of the time allowed by the statute.
fairness
The public policy argument in favor of supporting restrictions with the sale of a business involves the ______ of the sale.
The employee is fired for gross misconduct.
Under which of the following situations does an employer not have to offer Consolidated Omnibus Budget Reconciliation Act coverage to an employee who has lost his or her job?
will not
Understand that a court _______ void a contract for a mutual mistake of both parties.
quid pro quo
Which of the following is a distinct form of sexual harassment?
a contract related to an interest in land
Which of the following is a specific type of contract that falls within the statute of frauds?
An employer may not terminate an at-will employee for an illegal reason.
Which of the following is a true statement about at-will employment?
Assault does not require actual bodily contact.
Which of the following is a true statement regarding assault?
a donee beneficiary
Which of the following is a type of intended beneficiary?
disparate impact
Which of the following is a way to prove discrimination under Title VII of the Civil Rights Act of 1964?
Technically, a minor can disaffirm a contract for necessaries, but the minor is liable for the reasonable value of the necessaries.
Which of the following is an accurate statement regarding a minor's right to disaffirm a contract for necessaries?
A minor has the right to disaffirm a contract until a reasonable time after reaching the age of majority.
Which of the following is an accurate statement regarding a minor's right to disaffirm a contract?
All three parties (the original contracting parties and the third party) must agree to a novation for it to be valid.
Which of the following is an accurate statement regarding a novation in the context of the discharge of contracts by mutual agreement?
To prevail in a trade secret action, a plaintiff must prove that the trade secret actually existed.
Which of the following is an accurate statement regarding a trade secret action?
Anyone finding abandoned property becomes its owner by possessing it.
Which of the following is an accurate statement regarding abandoned property?
Copyrights do not protect the ideas themselves, but instead protect the fixed form that expresses the ideas.
Which of the following is an accurate statement regarding copyrights?
Both legal remedies and equitable remedies are potentially available in a breach of contract action.
Which of the following is an accurate statement regarding legal remedies and equitable remedies for a breach of contract?
In most states, the finder of lost property has title to the lost goods against all except the true owner.
Which of the following is an accurate statement regarding lost property?
The person who owns the realty on which the mislaid property was placed has the right to hold the mislaid property.
Which of the following is an accurate statement regarding mislaid property?
Negligence involves the failure to exercise reasonable care to protect another's person or property.
Which of the following is an accurate statement regarding negligence?
Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.
Which of the following is an accurate statement regarding nominal damages in tort cases?
It discharges the parties' obligations under a contract.
Which of the following is an accurate statement regarding objective impossibility?
Parents have a legal duty to provide their children with the basic necessities of life.
Which of the following is an accurate statement regarding parental liability for the necessaries of their children?
In most states, parents are not liable for the torts of their minor children.
Which of the following is an accurate statement regarding parental liability for the torts of their minor children?
Once ratified, a contract is no longer voidable.
Which of the following is an accurate statement regarding ratification of a contract?
parol evidence justifying substantial performance instead of complete performance
Which of the following is not a required element for substantial performance?
negligent (by the defendant)
Which of the following is not a required element of battery?
The system is dependent on a bona fide occupational qualification defense.
Which of the following is not a requirement for a system to be considered a bona fide seniority system?
a negligent or intent-based act on the part of a defendant
Which of the following is not a requirement for proving a strict liability case?
eminent domain
Which of the following is not an example of a voluntary transfer of property?
a new car
Which of the following is not an example of intangible property?
intentionally causing a victim to experience severe emotional distress
Which of the following is not an example of trespass to realty?
battery
Which of the following is not an intentional tort against property?
defamation
Which of the following is not an intentional tort against property?
A negligent misrepresentation
______ is a false statement of material fact made by a party who thinks it is true but who would have known the truth about the fact had he or she used reasonable care to discover or reveal it.
A trade secret
______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.
Privilege
______ is an affirmative defense to a defamation action.
Defamation
______ is the intentional publication of a false statement harmful to an individual's reputation.
Sabbath
______ laws are also known as blue laws.
gross
______ negligence is an action committed with extreme reckless disregard for the property or life of another person.
Primary
______ obligations are debts entered into in an initial contract.
Intentional interference with contract
______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.
Cross-licensing
______ occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.
Intangible
______ property includes bank accounts, stocks, and insurance policies.
Emancipation
______ typically occurs when a minor moves out of his or her parents' house and begins supporting himself or herself.
private
A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.
leasehold estate
A ______ is a possessory interest, but not an ownership interest, transferred by contract.
tort
A ______ is commonly defined as a wrong or injury to another, other than breach of contract.
Breach of Duty
A ______ occurs when a party fails to perform his or her obligations under a contract.
the public interest
A basic test to determine whether an exculpatory clause is unenforceable is to determine whether the enforcing party engages in a business directly related to ______.
adhesion
A contract created by a party to an agreement that is presented to the other party on a take-it-or-leave-it basis is a(n) ______ contract.
necessary
A contract for a ______ is a contract that supplies the minor with the basic necessities of life.
anticompetitive
A contract in restraint of trade is also known as a(n) ______ agreement.
two
A contract usually involves _____ parties.
common law
A copyright automatically arises under ______ when the idea is expressed in tangible form.
the life of its creator plus 70 years
A copyrighted work that is reproduced with the appropriate notice affixed is protected for ______.
reformation
A court may order a(n) ______ of a written contract if the contract does not reflect the parties' actual agreement and needs to be rewritten.
restrictive
A covenant not to compete is also known as a(n) ______ covenant.
breach of
A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.
Delegatee
A delegation occurs when a party to a contract transfers his or her duty to perform to a(n) ______.
delegator; delegatee
A delegation occurs when a(n) ______ transfers his or her duty to perform to a(n) ______.
20 years
A patent grants the holder the exclusive right to produce, sell, and use the object of the patent for ______.
personalty
A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.
objective
A subsequent illegality involving a contract results in ______ impossibility.
life estate
A(n) ______ is granted for the lifetime of an individual.
assignment
A(n) ______ occurs when a party to a contract transfers his or her rights to a third party.
main-purpose
According to the ______ rule, if the main purpose for incurring a secondary obligation is to obtain a personal benefit, the promise does not fall within the statute of frauds and need not be in writing.
It is a false statement about a fact material to an agreement that the person who made the statement believed to be true.
In the context of contract law, which of the following is true about an innocent misrepresentation?
1970
In which year was the Occupational Safety and Health Act passed?
creativity
Intellectual property comes from ______.
harm
Intentional torts must have an intent to _______ an individual.
Uniform Commercial Code
According to the ______, parol evidence is admissible for the sake of clarification if the evidence addresses prior dealings between the parties or usages of trade in the same business as the parties' field.
Rights for a bank to sell a mortgage instrument to another bank
Contractual rights that cannot be assigned include all but which of the following?
Rights to receive money
Contractual rights that cannot be assigned include all but which of the following?
A promise to make a gift is legally unenforceable.
How is a gift different from a purchase?
to deter others from engaging in an activity similar to the defendant's
Identify a purpose of awarding punitive damages in a tort case.
in equal fault
In pari delicto means ______.
main-purpose
The assumption behind the ______ rule is that a party attempting to achieve a personal benefit will not back out of the agreement; therefore, there is no need for a written record of the agreement.
Uniform Commercial Code
The calculation of damages on a contract for sale of goods is governed by the __________.
meeting
The courts insist that there must be a _________ of the minds for there be a valid contract between the parties.
objective
The death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract constitutes ______ impossibility.
life
The most common form of donee beneficiary contract is a(n) ______ insurance policy.
fee simple absolute
The most complete estate in land a person may have is a(n) ______.
compensatory
The most frequently awarded damages are ______ damages.
conditional estate
The owner of a(n) ______ possesses the same interest as the owner of a fee simple absolute except that this interest is subject to a condition.
collective bargaining
The process whereby workers organize and bargain with employers regarding the workplace is known as ______.
parol evidence
The purpose of the ______ rule is to restrict evidence from being admitted that substantially contradicts the agreement in its written form.
trade dress
The shape and design of Apple's iPhone is an example of ______.
Alaska
The states most notable for casino gambling include all but which of the following?
1963; 60
When the Equal Pay Act was passed in ______, the average wages of women were less than ______% of those of men.
state statutes
Where do statutes that require landlords to maintain their property come from?
federal district court
Where does an individual file a patent infringement case?
Duties that are personal in nature
Which of the following are duties that cannot be delegated?
government regulation of specific industries
Which of the following is a main purpose of licensing statutes?
One of the contracting parties transfers rights or duties to the third party.
Which of the following is a main situation in which a third party gains rights to a contract to which he or she is not a party?
The third party is a direct beneficiary of the contract.
Which of the following is a main situation in which a third party gains rights to a contract to which he or she is not a party?
Allowing evidence that proves a contract is void or voidable violates the parol evidence rule.
Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and void or voidable contracts?
sexual orientation
Which of the following is not a type of discrimination specifically prohibited by Title VII of the Civil Rights Act of 1964?
To be protected in interstate use, the trademark must be registered with the United Nations under the terms of the Geneva Convention.
Which of the following is not an accurate statement regarding trademark protection?
the signature of the plaintiff suing to enforce the contract
Which of the following is not an element required for a writing to satisfy the statute of frauds?
Undue influence
______ assumes that the persuasive efforts of the dominant person must have interfered with the ability of the weaker person to make his or her own decision.
Express
______ assumption of the risk occurs when a plaintiff expressly agrees to assume the risk posed by the defendant's behavior.
Actual
______ cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's injury.
Rescission
______ is the termination of a contract.
Gambling
______ refers to an agreement in which parties pay consideration for the chance to obtain money or property.
Procedural unconscionability
______ refers to the unconscionability that derives from the process of making a contract.
Undue influence
______ refers to those special relationships in which one person has taken advantage of his or her dominant position in the relationship to persuade the other person.
Fraud
__________ by any party as part of a contract is a basis for rescission.
tortfeasor
Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the ______.
bans on marriage equality to be unconstitutional
On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found _____.
privity
Parties not in ______ of contract usually do not have rights to a contract.
Malpractice
Professional negligence cases are often referred to as ______ cases.
abandoned
Property that the original owner of a property has discarded is ______ property.
realty
Real property is commonly referred to as ______.
fault
Strict liability is liability without ______.
torts against social responsibility
Categories of intentional torts include all but which of the following?
foreseeable
Consequential damages are ______ damages that result from special facts and circumstances arising outside the contract itself.
intentional
Fraudulent misrepresentation is ______ misrepresentation.
tangible
Furniture, cars, and other goods are examples of ______ property.
void
Generally, when an agreement is deemed illegal, courts will label the contract ______.
The holder of a leasehold estate has a possessory interest only, while the holder of a fee simple absolute estate has an ownership interest.
Identify a true statement about the comparison between a leasehold estate and a fee simple absolute estate.
Third-party rights cannot vest unless the third party is able to establish that he or she is an incidental beneficiary of the contract.
Identify an inaccurate statement regarding the vesting of a third party's rights under a contract.
It becomes void.
Identify the effect of an agreement being deemed illegal.
duty, breach of duty, causation, and damages
Identify the elements that a plaintiff must prove to win a negligence case.
actual or constructive
Identify the recognized types of gift delivery.
creditor
If Juan agrees to pay Amanda's credit card debt, Amanda's credit card company is a(n) ______ beneficiary.
the contracting party's duty to perform does not arise
If a condition precedent does not occur when discharging a contract, ______.
donee
If a contract intends to grant a gift to a third party, the third party is a(n) ______ beneficiary.
each
If a contract is disaffirmed on the basis of intoxication then _______ party must return property or money delivered.
impossibility of performance
If an unforeseen event occurs that makes it physically or legally impossible for a party to carry out the terms of a contract, the parties will be discharged due to ______.
libel
If defamation is published in a permanent form, it is known as ______.
nominal
If no actual damages resulted from a breach of contract, the court may award the plaintiff ______ damages.
right-to-sue letter
If the Equal Employment Opportunity Commission decides not to sue for an alleged employer violation of Title VII of the Civil Rights Act, it notifies the plaintiff of his or her right to file an action and issues the plaintiff a ______.
discharged
If the court applies the frustration of purpose doctrine, the contract is ______.
none, since the work falls into the public domain
If work is freely distributed without notice of copyright, what is the extent of copyright protection?
has tendered performance upon arrival at the house
If, consistent with his contractual duty, a painter shows up at a home with his paint and ladder and is ready to begin painting the garage, he _____.
reasonable person
In most negligence cases, courts use the ______ standard.
in a magazine or a newspaper
Libel can occur ______.
the Humphrey-Agnew Act
Major pieces of federal legislation regarding labor-management relations in the United States are governed by all except which of the following?
women
Married _______ were historical considered to have no or limited capacity to enter into contracts.
parol; common
The ______ evidence rule is a ______ law rule that specifically addresses the admissibility of oral evidence as it relates to written contracts.
enforcement
Specific performance is also called specific ______.
a friend's surgery
The Family and Medical Leave Act does not cover ______.
promote open shops and the right to work, especially in traditionally unionized states
The National Labor Relations Board's functions include all but which of the following?
collective bargaining
The Wagner Act of 1935 provides for ______.
Landrum-Griffin
The ______ Act primarily governs the internal operations of labor unions.
bona fide occupational qualification
The ______ defense allows an employer to discriminate when doing so is necessary for the performance of a job.
a relationship of trust exists between the parties to the contract
Under which of the following circumstances will a court find nondisclosure in a contract as having the same legal affect as an actual false assertion?
There is a failure to correct an assertion of fact no longer true in light of events that have occurred since the agreement was initially formed.
Under which of the following circumstances will courts find nondisclosure in a contract as having the same legal effect as an actual false assertion?
nuisance
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
vest
Vince is a third-party beneficiary to a contract. When he finds out about the contract, he decides to lease a new car because he is expecting to benefit from the contract. Obtaining the lease would cause Vince's rights to the contract to ______ because doing so demonstrates a change in position based on reliance on the contract.
The contract is discharged.
What is the legal effect of the death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract?
Both parties are discharged from their contract obligations.
What is the legal effect of the destruction of a contract's subject matter due to no fault of the parties?
$10,000
What is the maximum fine for violation of the Omnibus Crime Control and Safe Streets Act of 1968?
A bona fide seniority system is a legal defense under Title VII.
Which of the following is a correct statement regarding a seniority system and Title VII of the Civil Rights Act?
duties that are standardized and nonpersonal in nature
Which of the following is a duty that can be delegated?
Per the AIA, the last person to file a patent application in the United States for an invention will be deemed to have rights in the invention.
Which of the following is an inaccurate statement regarding the America Invents Act (AIA)?
The ECPA effectively eliminated employee rights to privacy in the workplace.
Which of the following is an inaccurate statement regarding the Electronic Communications Privacy Act (ECPA) of 1986?
Trade libel and slander of quality are synonymous.
Which of the following is an inaccurate statement regarding trade libel?
A contract, irrespective of its legality, is enforceable.
Which of the following is an incorrect statement regarding an agreement to commit a crime or tort?
Equitable remedies and legal remedies are known as money damages.
Which of the following is an incorrect statement regarding legal remedies and equitable remedies for a breach of contract?
When a judgment involved is a matter of personal taste, courts apply an objective satisfaction standard.
Which of the following is an incorrect statement regarding performance subject to the satisfaction of a contracting party?
The defendant conferred a benefit on the plaintiff greater in value than the benefit that the plaintiff conferred on the defendant.
Which of the following is not required for a plaintiff to recover under a theory of quasi-contract?
noncompetition in employment
Which of the following is one of the varieties of restrictive covenants?
conditional estate
With a(n) ______, if a certain required event fails to occur or a specific prohibited event occurs, the interest will be terminated.
state
Workers compensation is a part of _______ law.
Good Samaritan
______ statutes attempt to encourage selfless and courageous behavior by removing the threat of liability.
Intentional
______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.
performance
Specific ______ is an order requiring the breaching party to fulfill the terms of an agreement.
Promisee
Suppose Amanda contracts with Alex to clean his house. In return, Alex agrees to pay Amanda's credit card debt to her credit card company. In this third-party beneficiary contract, Amanda is the ______.
mutual rescission
Suppose James agreed to cater a reception for Bill's son, but it appears that the child is not going to graduate when planned. James agrees not to hold Bill responsible for paying him the agreed-upon cost for catering in exchange for Bill's agreement not to expect James to cater the reception; this is known as a(n) ______.
principal; agent
Under the equal dignity rule, contracts that would normally fall under the statute of frauds and need a writing if negotiated by the ______ must be in writing even if negotiated by a(n) ______.
Contracts transferring other interests in land are outside the statute of frauds.
Under the statute of frauds, which of the following is not true of the contracts related to an interest in land?
the tractors used on the land
Under the statute of frauds, which of the following parts of a land is not considered real property?
invitees
Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?
when the employer knows that a customer has repeatedly harassed the employee yet the employer does nothing to remedy the situation
Under which of the following circumstances is an employer liable for the sexual harassment of an employee by a nonemployee?
scienter
When an innocent misrepresentation occurs, the person who made the false statement had no knowledge of the falsity of the claim. This means the person lacked ______.
mutual
When both parties to a contract are mistaken about either a current or a past material fact, it is referred to as a(n) ______ mistake.
recover damages for the full value of the converted item plus any additional damages that resulted from the loss
When conversion occurs, the true owner can ______.
How likely was it that a crime would be committed?
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
Would another individual have intended to cause the harm?
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
when a defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm
When does negligence per se apply?
concurrent
When each party's performance is conditioned on the performance of the other, the conditions are ______.
assumed
When legal assent to a contract is present both parties to a contract are ________ to have freedom to enter into the contract.
antiassignment
When parties include a(n) ______ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.
unfair competition
When someone enters into a business with the sole intent of driving another firm out of business, the law punishes this act as ______.
the Landrum-Griffin Act
Which of the following acts includes "Labor's Bill of Rights" that is purportedly designed to protect employees from their own unions?
An employee's comments on social media are generally not protected if they were not made in relation to group activity among employees. Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law.
Which of the following are true about the use of social media in firing decisions by employers? (Check all that apply.)
permanent future temporary
Which of the following are types of property interests?
discrimination based on race
Which of the following can constitute a hostile work environment in violation of Title VII of the Civil Rights Act of 1964?
discrimination based on religion
Which of the following can constitute a hostile work environment in violation of Title VII of the Civil Rights Act of 1964?
A man is part of the "wealthy 1%" and has no concern for the poor.
Which of the following claims cannot be considered slander per se?
One party entered into the contract as a result of sales talk, or "puffery."
Which of the following conditions would not permit a court to invalidate a contract on the grounds of unilateral mistake?
The mistake was so serious that the contract is unconscionable.
Which of the following conditions would permit a court to invalidate a contract on grounds of unilateral mistake?
a patent
Which of the following does not constitute a trade secret?
An employer may not terminate an at-will employee for an illegal reason.
Which of the following is a correct statement regarding at-will employment?
In a "no license, no contract" state, no agreement with an unlicensed professional is enforceable.
Which of the following is a correct statement regarding the enforcement of a contract with a person who is not lawfully licensed?
When a contract is fundamentally flawed in missing critical information, courts can allow parol evidence to provide the missing information.
Which of the following is a correct statement regarding the relationship between the parol evidence rule and incomplete contracts?
bona fide occupational qualification
Which of the following is a defense to a claim under Title VII of the Civil Rights Act?
It reduces the court's guesswork in determining whether the written agreement was in fact intended to be the final statement of an agreement.
Which of the following is a distinct advantage of a merger clause?
sexual harassment that involves the creation of a hostile work environment
Which of the following is a distinct form of sexual harassment?
an inter vivos gift
Which of the following is a gift made by a person during his or her lifetime?
a mistake
Which of the following is a major obstacle to genuine assent in contracts?
undue influence
Which of the following is a major obstacle to genuine assent in contracts?
an easement
Which of the following is a nonpossessory estate?
to provide compensation for injured parties
Which of the following is a primary objective of tort law?
to punish the defendant
Which of the following is a purpose of awarding punitive damages in a case?
torts against economic interests
Which of the following is a recognized category of intentional torts?
A member of a specific, protected class is involved in an agreement that contradicts a statute intended to protect the specific class.
Which of the following is a recognized exception to the general rule that an illegal agreement is void?
a contract involving one party's justifiable ignorance of facts
Which of the following is a recognized exception to the general rule that an illegal agreement is void?
a loan to a corporation
Which of the following is a recognized exception to usury law?
a small loan to a party who cannot obtain a needed loan at the statutory maximum interest rate
Which of the following is a recognized exception to usury law?
a creditor beneficiary
Which of the following is a type of intended beneficiary?
It interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.
Which of the following is an accurate statement regarding a superseding cause in a negligence suit?
Adhesion contracts usually do not allow for debate regarding the agreement.
Which of the following is an accurate statement regarding adhesion contracts?
An indivisible contract requires complete performance by both parties.
Which of the following is an accurate statement regarding an indivisible contract?
No remedy is available for such an agreement.
Which of the following is an accurate statement regarding an unenforceable agreement?
The alteration must be material for the innocent party to be discharged from the contract.
Which of the following is an accurate statement regarding contract alteration by one of the parties to an agreement?
Employers are liable for sexual harassment of employees by nonemployees only under very limited circumstances.
Which of the following is an accurate statement regarding employer liability for sexual harassment of employees by nonemployees?
The U.S. Supreme Court has concluded that same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964.
Which of the following is an accurate statement regarding federal and state laws on same-sex sexual harassment?
Gambling is illegal in the vast majority of states.
Which of the following is an accurate statement regarding gambling?
It grants legal right to the first assignee in most situations.
Which of the following is an accurate statement regarding the Restatement (Second) of Contracts rule regarding notice of assignment?
An employer is not liable for punitive damages as long as it made good-faith efforts to comply with federal law.
Which of the following is an accurate statement regarding the amount of punitive damages in a Title VII action?
Evidence of a condition precedent agreed to orally is admissible because the contract is not modified by such evidence.
Which of the following is an accurate statement regarding the applicability of the parol evidence rule to evidence of a condition precedent?
Courts allow parol evidence to demonstrate that a contract is void or voidable.
Which of the following is an accurate statement regarding the relationship between the parol evidence rule and void or voidable contracts?
A covenant not to compete in employment contracts is legal in most states.
Which of the following is an accurate statement regarding the restrictive covenants that involve employment contracts?
An intended beneficiary can sue to enforce a contract obligation, while an incidental beneficiary cannot sue to enforce a contract obligation.
Which of the following is an accurate statement regarding the rights of third-party beneficiaries to sue to enforce contract obligations?
Once the statute of limitations has tolled, neither party can any longer sue the other for a breach of contract.
Which of the following is an accurate statement regarding the tolling of the statute of limitations and contract enforcement?
Slander of quality is spoken, while trade libel is in printed form.
Which of the following is an accurate statement regarding the tort of slander of quality?
Express assumption of the risk is usually evidenced by a written contract.
Which of the following is an accurate statement regarding the use of express assumption of the risk as a defense by defendants?
the Wagner Act
Which of the following is an example of a major piece of federal legislation regarding labor-management relations in the United States?
It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.
Which of the following is an inaccurate statement regarding a Good Samaritan statute?
A gift causa mortis has the same legal effect as a will bequest.
Which of the following is an inaccurate statement regarding a gift causa mortis?
Assault and battery are always synonymous.
Which of the following is an inaccurate statement regarding battery?
Professional negligence cases are often referred to as tort immunity cases.
Which of the following is an inaccurate statement regarding professional negligence?
Slander of title is a negligence-based tort.
Which of the following is an inaccurate statement regarding slander of title?
When a contract consists of both written and oral elements, judges tend to treat the agreement as finalized.
Which of the following is an incorrect statement regarding the applicability of the parol evidence rule to a nonfinalized, partially written and partially oral, contract?
A covenant not to compete in an employment contract is not enforceable.
Which of the following is an incorrect statement regarding the enforceability of a covenant not to compete in an employment agreement?
When a contract contains ambiguous terms, the court allows only written evidence to be introduced to clarify the ambiguous terms.
Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts containing ambiguous terms?
A written agreement is fundamentally altered by allowing parol evidence to correct a typo.
Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts with serious and obvious typographical errors?
The parol evidence rule prohibits the admissibility of evidence of prior dealings or usage of trade.
Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and evidence of prior dealings or usage of trade?
The nonbreaching party is still required to perform his obligations under the contract and can then sue the other party for breach.
Which of the following is an incorrect statement regarding the rights of a nonbreaching party in a contract after anticipatory repudiation?
If the contract's terms require modifications to be in writing, oral modifications are nevertheless admissible.
Which of the following is an incorrect statement regarding the subsequent modification of an existing, written contract?
To say that contract rights have vested means that the rights have not yet matured.
Which of the following is an incorrect statement regarding the vesting of contract rights?
Under the Federal Unemployment Tax Act (FUTA), employers pay taxes to the federal government.
Which of the following is an incorrect statement regarding unemployment compensation?
Laws do not currently recognize any exceptions to the enforceability of an antiassignment clause in a contract.
Which of the following is an incorrect statement regarding whether an assignment can be made despite an antiassignment clause in a contract?
Contractual satisfaction is considered an implied condition that must be met before the other party's obligation to pay for the performance arises.
Which of the following is an incorrect statement when the performance of a contract is subject to the satisfaction of a contracting party?
a distinctive design
Which of the following is entitled to trademark protection?
Transitional
Which of the following is not a category of monetary damages for a breach of contract?
transitional
Which of the following is not a category of monetary damages for a breach of contract?
The work must be profitable.
Which of the following is not a criterion for a work to be copyrightable?
The object of the patent must be profitable.
Which of the following is not a criterion for patent protection?
assault
Which of the following is not a defense in an action for battery?
consumption of the harm
Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?
whether the third party paid the obligor consideration for the benefit
Which of the following is not a factor a court will consider in determining whether a party is an intended or an incidental beneficiary in a contract?
The potential quality of a court-appointed attorney if the plaintiff cannot afford legal representation
Which of the following is not a factor a party should consider before filing suit for a breach of contract?
the likelihood that the court will mandate binding arbitration in lieu of a trial
Which of the following is not a factor a party should consider before filing suit for a breach of contract?
the Uniform Prudent Investor Act of 1992
Which of the following is not a federal discrimination law governing employers?
the Uniform Arbitration Act of 1955
Which of the following is not a federal discrimination law?
protection of government autonomy
Which of the following is not a main purpose of licensing statutes?
consideration
Which of the following is not a major obstacle to genuine assent in contracts?
Assumption
Which of the following is not a means of acquiring ownership of property?
The court will declare the usurious loan void and award the debtor an equity interest in the subject lending institution.
Which of the following is not a possible legal outcome when a usurious loan is made?
to punish wrongdoers
Which of the following is not a primary objective of tort law?
a gender classification system
Which of the following is not a recognized defense to liability under the Equal Pay Act?
a contract for the sale of alcohol
Which of the following is not a recognized exception to Sabbath laws?
The United States Constitution expressly protects and preserves the ability to assign a right to payment.
Which of the following is not a recognized reason why, even when a contract has an antiassignment clause, either party may still assign his or her right to receive payment?
The plaintiff's disability was of a physical, not mental, nature.
Which of the following is not a recognized requirement for a successful claim under the Americans with Disabilities Act?
temporary impossibility
Which of the following is not a recognized situation in which a contract may be discharged by operation of law?
unilateral mistake of fact
Which of the following is not a recognized situation in which a contract may be discharged by operation of law?
the wealth of a plaintiff
Which of the following is not a relevant factor in determining the appropriate amount of punitive damages?
declaration
Which of the following is not a requirement for the transfer of real property from an owner to another party?
a contract for the sale of goods valued at less than $500
Which of the following is not a specific type of contract that falls within the statute of frauds?
felony
Which of the following is not a tort classification?
at-will employment
Which of the following is not a valid defense to a claim under Title VII of the Civil Rights Act?
the signature of both parties at the end of the contract
Which of the following is not a writing element required by the statute of frauds?
Disparagement and unfair competition can be used interchangeably.
Which of the following is not an accurate statement regarding disparagement?
The National Labor Relations Board can order labor and management to reach an agreement.
Which of the following is not an accurate statement regarding the collective bargaining process?
Nominal
______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.
Consequential
______ damages are also known as special damages.
Compensatory
______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.
Punitive
______ damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future.
Compensatory
______ damages are designed to put a plaintiff in the position he would have been in had the contract been fully performed.
Compensatory
______ damages are designed to reimburse a plaintiff for his or her losses.
Liquidated
______ damages may be specified in a contract as either a fixed amount or a formula for determining how much money is due.
Workers' compensation laws
______ ensure(s) that covered workers who are injured on the job can receive financial compensation.
Fungible
______ goods are goods for which one unit of the good is essentially the same as every other unit, such as grains of wheat or gallons of oil.
Trade libel
______ is a business tort that includes criticism of the quality, honesty, or reputation of a business or product in printed form.
Disparagement
______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.
Slander of quality
______ is a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
Assumption of the risk
______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.
Intent to deceive
______ is present when the party making the false statement in a contract claims or implies that he or she has personal knowledge of the accuracy of the assertion.
incapacity
______ is some sort of mental or physical defect that prevents a natural person from being able to enter into a legally binding contract.
Condemnation
______ is the legal process by which a transfer of property is made against the protest of the property owner.
Usury
______ occurs when a party gives a loan at an interest rate exceeding the legal maximum.
Conversion
______ occurs when a person permanently removes personal property from the owner's possession and control.
Slander of title
______ occurs when false published statements are related to the ownership of business property.
Fraudulent misrepresentation
______ occurs when one uses intentional deceit to facilitate personal gain.
Complete
______ performance occurs when every aspect of the parties' duties under a contract is carried out perfectly.
Personal
______ property consists of tangible, movable objects.
Intellectual
______ property consists of the fruits of one's mind.
Mislaid
______ property differs from lost property in that the owner has intentionally placed the property somewhere but has forgotten its location.
Real
______ property is land and everything permanently attached to it.
Tangible
______ property is property that can be identified by the senses.
Lost
______ property is property that the true owner has unknowingly or accidentally dropped or left somewhere.
Copyrights
______ protect the expression of creative ideas.
The business is merging with a larger business.
In the context of covenants not to compete involving the sale of an ongoing business, "ongoing" refers to all except which of the following?
communicating a false statement about someone to a third party
In the context of defamation, what does "intentional publication" mean?
implied
In the context of discharging a contract, ______ conditions are those that are not explicitly stated but are inferred from the nature and language of the contract.
wrong
Tort is a French word meaning ______.
This is false. The parol evidence rule does not prevent parties from introducing evidence proving the written agreement was conditioned on terms agreed to orally.
True or false: The parol evidence rule prevents parties from introducing evidence proving the written agreement was conditioned on terms agreed to orally.
conditional
Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.
an employer-sponsored insurance program covering potential plan losses
Under the Employee Retirement Income Security Act, employers must provide individuals in pension and health plans with all but which of the following?
Implied assumption of the risk means that a plaintiff implicitly assumed a known risk.
Which of the following is an accurate statement regarding the use of implied assumption of the risk as a defense by defendants?
Tying arrangements are illegal.
Which of the following is an accurate statement regarding tying arrangements?
Statutes prohibiting usury exist in nearly every state.
Which of the following is an accurate statement regarding usury?
Many states have passed laws preventing companies from terminating workers who will not or are unable to quit smoking.
Which of the following is an accurate statement regarding whether an employer can discriminate against an employee who smokes?
An executed contract created on a Sunday can be rescinded.
Which of the following is an inaccurate statement regarding Sabbath laws?
contracts that are represented to be the full and final agreement of the parties
Which of the following is not a recognized exception to the parol evidence rule?
contracts with a merger clause
Which of the following is not a recognized exception to the parol evidence rule?
rescinded
Which of the following terms refers to a voidable contract that has been canceled?
Although employment testing may adversely affect a class, it does not violate Title VII if it is manifestly related to job performance.
Which statement is accurate regarding employment testing and Title VII of the Civil Rights Act?
the Wagner Act
Which was the first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor disputes?
a politician
Who among the following is an example of a public figure?
Slander per se
______ statements are considered so inherently harmful that general damages are presumed.
A minority of
______ states have adopted the English rule regarding notice of assignment.
Substantive
______ unconscionability involves overly harsh or lopsided substance in an agreement.
Exemplary
______, or punitive, damages are imposed in a negligence case to punish the offender and deter others from committing similar offenses.
Strict
______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
express
In the context of discharging a contract, ______ conditions are explicitly stated in the contract.
voidable
A minor's contract is ______.
precedent
A condition ______ is a particular event that must occur for a party's duty to arise.
It discharges a nonbreaching party from his obligations under the contract.
What is the legal effect of a material breach of contract?
It may entitle a nonbreaching party to damages, but it does not discharge the nonbreaching party from the contract.
What is the legal effect of a minor breach of contract?
contract is discharged
What is the legal effect of a subsequent illegality involving a contract?
The new contract discharges the parties from their obligations under the old contract and replaces them with obligations imposed by the new contract.
What is the legal effect of a substituted contract?
rescinded
When a contract is voidable, it may be ______, or canceled.
discharge
When a party files bankruptcy, the court allocates the assets of the bankrupt among the bankrupt's creditors and then issues the party a(n) ______ in bankruptcy.
discharged
When a party's obligations under a contract are terminated they are said to be _______.
absolute
When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.
in a courtroom
Where can an absolute privilege arise?
the Restatement (Second) of Contracts
Which of the following addresses contractual discharge by reason of commercial impracticability?
Assumption of the risk is a defense to a negligence claim.
Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?
disparate treatment
Which of the following is a way to prove discrimination under Title VII of the Civil Rights Act of 1964?
Most states with Sabbath laws allow the performance of charity work on Sundays.
Which of the following is an accurate statement regarding Sabbath laws?
Such a contract is unenforceable.
Which of the following is an accurate statement regarding a contract that is against generally accepted public policy?
Slander and libel are synonymous.
Which of the following is an incorrect statement regarding slander?
discord and inaction
Which of the following is not a recognized means by which parties to a contract can agree to discharge each other from their obligations?
tolling of the Statute of Limitations
Which of the following is not a recognized means by which parties to a contract can agree to discharge each other from their obligations?
An at-will employee is entitled to due process prior to termination of employment.
Which of the following statements regarding at-will employment is incorrect?
policy
A contract in restraint of trade violates public ______.
absent
Legal assent is ________ when a legal mistake occurs.
divisible
A severable contract is also known as a(n) ______ contract.
void
Generally an illegal agreement is ______.
nondisclosure
The failure to provide pertinent information about a projected contract is known as ______.
Actions
Usually, injunctions are prohibitions against ______.
England
Where did the frustration of purpose doctrine originate?
musical compositions
Which of the following is not patentable?
Implied
______ assumption of the risk means that a plaintiff implicitly assumed a known risk.
intended
Dianne (the promisee) agrees to pay Charles (the promisor) to paint Henry's (the third party's) house. Henry tells Charles what color he wants the house and when Charles should be there to paint. Henry's ability to control how Charles paints the house demonstrates his status as a(n) ______ beneficiary.
no longer a secret
Discovery of a trade secret of a competitor by lawful means, makes the trade secret ________.
treatment
Disparate ______ under Title VII is a form of discrimination in which an employee is fired or denied a promotion based on membership in a protected class.
race
The BFOQ defense cannot apply to which of the following forms of discrimination?
18
Today, in all but three states, a minor is someone under the age of ______.
creditor
A(n) ______ beneficiary is a third party who benefits from a contract in which the promisor agrees to pay the promisee's debt.
incidental
A(n) ______ beneficiary is one who unintentionally gains a benefit from a contract between other parties.
material
A(n) ______ breach of contract occurs when a party unjustifiably fails to perform his obligations substantially under the contract.
superseding
A(n) ______ cause is an unforeseeable event that interrupts the causal chain between a defendant's breach of duty and the damages the plaintiff suffered.
obligee
A(n) ______ is a party who agrees to receive something from the other party to the contract.
veggie
Critics refer to the tort of food disparagement as ______ libel.
unfair competition
Crystal Castle is the only jewelry store in a town. Amber Diamond, a new jewelry store, comes into the town and opens a store not with the intent to make a profit but to drive Crystal Castle out of business so that its associate, Opal Ruby, can start a legitimate jewelry store once the competition has been eliminated. Amber's actions constitute ______.
delegatee
Instead of the third party receiving something, as in an assignment, delegations require the ______ to fulfill the delegator's contractual obligation to the obligee.
outrage
Intentional infliction of emotional distress is sometimes called the tort of ______.
legal
Monetary damages for a breach of contract are also known as ______ damages.
"the thing speaks for itself"
Res ipsa loquitur literally means ______.
2-302
Section ______ of the Uniform Commercial Code addresses the enforcement of an unconscionable contract.
Immigration Customs and Enforcement
The federal agency responsible for immigration worksite enforcement is _____.
Equal Employment Opportunity
The first step in initiating a Title VII action is for the aggrieved party to file a charge with the state or federal ______ Commission.
assignment-in-time
The first-______ rule states that the first party granted the assignment is the party correctly entitled to the contractual right.
active
To enter into a valid and enforceable agreement for services, the services that require a license must be ______ by one party to the agreement.
trespasser
A guest that is asked to leave and refuses is considered a(n) ___________.
donee
A ______ beneficiary is a third party who benefits from a contract in which a promisor agrees to give a gift to the third party.
preliminary
A ______ injunction prohibits someone from taking any action during the course of a lawsuit that would cause irreparable harm to any of the parties to a contract.
future
A ______ interest is a person's present right to property ownership and possession in the future.
concealment
A seller removes 20,000 miles from a car odometer before selling the car to a buyer. This is known as ______.
actual malice
A statement is made with ______ if it is made with either knowledge of its falsity or reckless disregard for its truth.
intended
A third-party beneficiary is a(n) ______ beneficiary of a contract between two other parties.
reformation
A written document is rewritten to reflect what the parties had actually agreed on; this is known as ______.
accord; satisfaction
A(n) ______ and ______ is used when one of the parties wants to substitute a different performance for his original duty under the contract.
tying
A(n) ______ arrangement occurs when the holder of a patent issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder.
intended
A(n) ______ beneficiary is a third party to a contract whom the contracting parties intended to benefit directly from their contract.
merger
A(n) ______ clause is a clause parties include in a written agreement within the statute of frauds stating that the written agreement accurately reflects the final, complete version of the agreement.
An oral contract for customized goods
According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?
an oral contract between merchants
According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?
the quantity of goods to be sold
According to the Uniform Commercial Code, which of the following is a required written element of a sales contract?
American Psychological Association
According to the Uniform Guidelines on Employee Selection Procedures, employment testing must be validated in accordance with standards established by the ______.
character validity
According to the Uniform Guidelines on Employee Selection Procedures, which of the following is not an acceptable type of validation for employment testing?
pure comparative negligence
According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.
English
According to the ______ rule regarding notice of assignment, the first assignee to give notice of assignment to the obligor is the party with rights to the contract.
The minor can disaffirm the contract, and the other party has no recourse.
According to the majority of jurisdictions, which of the following is an accurate statement regarding a minor's right to disaffirm a contract when the consideration he or she received has been damaged or destroyed?
at-will
An employee who is not employed under a contract for a set duration or under a collective bargaining agreement is referred to as a(n) ______ employee.
$100,000
An employer who has repeatedly violated the Americans with Disabilities Act may be subject to fines of up to ______.
ratify
An implied acceptance of a contract occurs when a former minor takes some action after reaching the age of majority that is consistent with an intent to ______ a contract.
when property has been acquired as a gift
An involuntary transfer of personal property does not occur _____.
duress
Any unlawful threat exercised on a person whereby the person is forced to enter into an agreement is known as ______.
impact
Disparate-______ cases arise when a plaintiff attempts to establish that although an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class.
unintentional
Disparate-impact cases are also referred to as ______-discrimination cases.
The 2010s
During which decade did the U.S. Congress pass the America Invents Act?
The 1980s
During which decade was Title VII of the Civil Rights Act amended by the Pregnancy Discrimination Act?
intentional infliction of emotional distress
If a person calls his former employer and falsely states that the employer's son was just arrested for a double homicide after a botched robbery attempt, the person has likely committed the tort of ______.
ratified
If a person who has reached the age of majority legally affirms a contract made as a minor, he or she is said to have ______ the contract.
incidental
In addition to losing the benefit of a bargain, a plaintiff may suffer other losses caused directly by a breach. These losses may be compensated as ______ damages.
subsequent
John enters into an agreement to lease an apartment for five years, conditioned on him not being called to active duty in the National Guard. If he is called to serve, this is a condition ______, and his obligation to be bound by the lease is discharged.
unreasonable
Negligence is behavior that creates a(n) ______ risk of harm to others.
"negligence in or of itself"
Negligence per se literally means ______.
life estate
On the death of the holder of a(n) ______, the property will go to another party as designated by the original grantor.
violated
Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.
tender
Parties can discharge their contractual duty by making an offer to perform and being ready, willing, and able to perform. This offer of performance is known as ______.
reasonable; undue hardship
The Americans with Disabilities Act requires employers to make a ______ accommodation to the known disability of an otherwise qualified person unless the accommodation would pose a(n) ______ on the employer's business.
novation
Sometimes the parties to an agreement want to replace one of the parties with a third party. This substitution of a party is called a(n) ______.
substituted
Sometimes, instead of canceling a contract and terminating their relationship, the parties in the contract want to replace the old contract with a new one. In such a situation, the new contract is a(n) ______ contract.
appropriate
Specific Performance was historically _________ in contracts for the sale of real estate.
50
The Family and Medical Leave Act covers all public employers and private employers with ______ or more employees
last-clear-chance
The ______ doctrine allows a plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.
fair-use
The ______ doctrine provides that a portion of a copyrighted work may be reproduced for purposes of "criticism, comment, news reporting, teaching, scholarships, and research."
Consolidated Omnibus Budget Reconciliation Act
The ______ ensures that employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental, or optical benefits can pay to continue receiving benefits for themselves and their dependents under the employer's policy.
parol
The ______ evidence rule states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intended the written agreement to be the complete and final version of their agreement.
Fair Labor Standards Act
The ______ mandates that employees who work more than 40 hours in a week be paid no less than one and one-half times their regular wage for all hours beyond 40 worked in a given week.
Fair Labor Standards Act
The ______ requires a minimum wage of a specified amount to be paid to all employees in covered industries.
intellectual
The laws of ______ property protect property that is primarily the result of mental creativity rather than physical effort.
test scores
The merit defense to claims under Title VII of the Civil Rights Act is usually raised when hiring or promotion decisions are partially based on ______.
unconscionable
The term ______ refers to the fact that the agreement in question is so unfair that it is void of conscience.
trade dress
The term ______ refers to the overall appearance and image of a product.
three
There are ______ types of damages in tort cases.
unconscionable
There are times when agreements are so one-sided, or heavy-handed against one party, that courts will not make the harmed, innocent person fulfill his or her contractual duties. These heavily one-sided agreements are known as ______ agreements.
no
There is currently _____ federal legislation that prohibits discrimination based on sexual orientation.
ownership of the property
Title to property represents ______.
a private business or an individual not important to the public interest
To be able to enforce an exculpatory clause, the party seeking enforcement must be ______.
The trade secret was protected by a United States Patent and Trademark Office-certified patent.
To enjoin a competitor from continuing the use of a trade secret and/or to recover damages caused by the use of the secret, a plaintiff must prove all but which of the following?
The defendant has already been convicted of a crime arising out of the same facts and circumstances applicable to a civil case.
To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?
The plaintiff's injury arose out of the course and scope of his employment with the defendant.
To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?
the land, the airspace rights, the water rights, and the other subsurface rights
When a person owns an undivided interest in land, he or she owns ______.
license
When a person purchases a theater ticket, he or she has the right to a specific use of the property for a limited time, subject to good behavior. This is an example of a(n) ______.
condition precedent
When an entire contract is conditioned on something occurring first, that first thing is known as a
in pari delicto
When both parties in an illegal agreement are equally responsible for the illegal agreement, the parties are said to be ______.
privity
Contracts are typically private agreements, in the sense that the focus of the contract is the two parties involved and no one else. The two parties are said to be in ______ of contract.
Conditional
Contracts containing conditions affecting the performance obligations of the parties in a contract are called ______ contracts.
implied; expressly
Contractual conditions may be either ______ by law or ______ inserted into a contract by the parties in the contract.
both the defendant and the plaintiff were negligent
Contributory negligence as a defense applies in cases in which ______.
punitive
Courts usually award ______ damages in cases in which the offender has committed gross negligence.
Collective bargaining
______ consists of negotiations between an employer and a group of employees so as to determine the conditions of employment.
when property has been acquired by purchase
An involuntary transfer of personal property occurs in all but which of the following circumstances?
obligor
Attorney Jack Highlander agrees to represent Charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) ______ under the contract.
performance
Contracted parties discharge their obligations by doing what they respectively agreed to do under the terms of an agreement; this is called discharge by ______.
mutual rescission
Contracted parties may agree that they simply wish to discharge each other from their mutual obligations and therefore cancel the contract. This is known as ______.
trademark
A ______ is a distinctive mark, word, design, picture, or arrangement that a producer uses in conjunction with a product.
majority
A disaffirmance by a minor of a contract must occur before or within a reasonable period of time of the age of _______.
personal
A duty is _________ in nature when it requires the specific talents, skills and expertise of the obligor.
a life estate and a conditional estate
A future interest usually exists in conjunction with which of the following real property interests at the time that it is granted?
res ipsa loquitur
A plaintiff uses the doctrine of ______ to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.
gift causa mortis
A(n) ______ is a gift that is made in contemplation of one's immediate death.
obligor
A(n) ______ is a party who agrees to do something under a contract.
license
A(n) ______ is a right to use another's property that is both temporary and revocable.
admission
A(n) ______ is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.
easement
A(n) ______ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.
injunction
A(n) ______ is an order either forcing a person to do something or prohibiting a person from doing something.
profit
A(n) ______ is the right to go onto someone's land and take part of the land or a product of it away from the land.
secondary
A(n) ______ obligation arises when a party outside a primary agreement promises to fulfill the primary debtor's obligations if the primary debtor fails to fulfill his or her obligation.
delegation
A(n) ______ occurs when a party to a contract transfers his or her duty to perform to a third party who is not part of the original contract.
assault
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
implied
A(n) ______ ratification occurs when a former minor takes some action after reaching the age of majority that is consistent with an intent to ratify the contract.
express
A(n) ______ ratification occurs when, after reaching the age of majority, a person states that he or she intends to be bound by a contract.
negligent
A(n) ______ tort occurs when a defendant is careless to someone else's detriment.
exculpatory
An ______ clause is a statement releasing one of the parties to an agreement from all liability, regardless of who is at fault or what the injury suffered is.
liquidated
Damages specified as a term of the contract, before a breach of contract occurs, are known as ______ damages.
slander
Defamation that is made orally is called ___________.
objective
Destruction of a contract's subject matter due to no fault of the parties constitutes ______ impossibility.
intentional
Disparate treatment is ______ discrimination.
The 1960s
During which decade was Title VII of the Civil Rights Act originally enacted?
The 1960s
During which decade was the Age Discrimination in Employment Act enacted?
The 1980s
During which decade was the Electronic Communications Privacy Act passed?
The 1930s
During which decade was the Federal Unemployment Tax Act passed?
fee simple absolute
Exclusive rights to ownership and possession of the land belong to the person who has a(n) ______.
anticipatory repudiation
If a contracting party decides, before the actual time for performance arises, not to fulfill her obligations under the contract and announces her intentions to the other party, a(n) ______ has occurred.
strict-liability
If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.
implied
If a homeowner enters into a contract with a builder to replace the windows in his house, there is a(n) ______ condition that the builder will be allowed to enter the house to complete the window removal and installation.
mitigate
If you are the manager of a hotel and a person who booked a room for the week calls to cancel the reservation, you have a duty to attempt to rent the room to someone else to minimize the damages. This is known as the duty to ______ damages.
verify the identity and eligibility of all individuals hired in the United States after November 6, 1986
In 1986, Congress passed the Immigration Reform and Control Act. This act is an amendment to the Immigration and Nationality Act and requires employers to _____.
modified
In a ______ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.
accord; satisfaction
In an accord and satisfaction, the promise to perform the new duty is called the ______, and the actual performance of that new duty is called the ______.
The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.
In asserting the contributory negligence defense, the defendant must prove which of the following?
discharged
In bankruptcy, once the bankrupt's assets have been distributed to his or her creditors, the bankrupt's debts are ______.
execution, delivery, acceptance, and recording
In chronological order, what is the correct procedure for transferring real property from an owner to another party?
a negligent misrepresentation
In some contract negotiations, one party makes a statement of material fact he or she thinks is true but is negligent in making the assertion. Such ______ results when the party making the statement would have known the truth about the fact had he or she used reasonable care to discover or reveal it.
high-speed Internet
In the context of a contract for a necessary, which of the following is not a necessary?
duress
In the context of a contract, ______ is found when one party in the contract was forced into the agreement by the wrongful act of another.
capacity
In the context of a contract, ______ is the legal ability to enter into a binding agreement.
reasonable person
In the context of a negligence case, the ______ standard is a measurement of the way members of society expect an individual to act in a given situation.
unilateral
In the context of contract formation, a ______ mistake is an error by one party about a material fact pertaining to the contract.
mutual
In the context of contract formation, a(n) ______ mistake is shared by both parties to the agreement.
concealment
In the context of contract law, ______ involves the active hiding of the truth about a material fact in a contract.
an innocent misrepresentation
In the context of contract law, ______ is a false statement about a fact material to an agreement that the person who made the statement believed to be true.
a mistake
In the context of contract law, ______ is an erroneous belief about the facts of a contract at the time the contract is concluded.
misrepresentation
In the context of contract law, ______ is an untruthful assertion by one of the parties about a material fact.
fraudulent
In the context of contract law, a(n) ______ misrepresentation is a false representation of a material fact that is consciously false and is intended to mislead the other party.
material
In the context of contract law, misrepresentation is an untruthful assertion by one of the parties about a(n) ______ fact.
In general, a unilateral mistake does not void a contract.
In the context of contract law, which of the following is an accurate statement regarding the legal implications of a unilateral mistake?
Courts are hesitant to interfere with the contract when one of the parties has a correct understanding of the material facts of the agreement.
In the context of contract law, which of the following is true about the action of courts when there is a unilateral mistake in a contract?
a mistake
In the context of contract law, which of the following terms refers to an erroneous belief about the facts of a contract at the time the contract is concluded?
constructive legal capacity
In the context of contractual capacity, which of the following is not a type of mental capacity a person suffering from a mental illness or deficiency might have?
concurrent
In the context of discharging a contract, ______ conditions occur when each party's performance is conditioned on the performance of the other.
subsequent
In the context of discharging a contract, a condition ______ is a future event that terminates the obligations of the parties when it occurs.
objective
In the context of impossibility of performance, ______ impossibility means it is in fact not possible to lawfully carry out one's contractual obligations.
The parties to the contract will be discharged.
In the context of the discharge of contracts by law, what is the legal effect of impossibility of performance?
substantial
In the context of the discharge of contracts, ______ performance occurs when nearly all the terms of an agreement have been met, there has been an honest effort to complete all of the terms, and there has been no willful departure from the terms of the agreement.
perfect performance
In the context of the discharge of contracts, which of the following is required for complete performance?
incompetence
Incapacity is also referred to as ______.
nothing
Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?
Due to its ambiguous language, the contract involves both an assignment of rights and a delegation of duties.
Suppose an assignor transfers rights to an assignee under a contract stating "I assign all of my rights under the contract," but nothing is said specifically about a delegation of duties. What would a court likely conclude regarding the assignment of rights and the delegation of duties under such a contract?
Due to its ambiguous language, the contract involves both an assignment of rights and a delegation of duties.
Suppose an assignor transfers rights to an assignee under a contract stating "I assign the contract," but nothing is said specifically about a delegation of duties. What would a court likely conclude regarding the assignment of rights and the delegation of duties under such a contract?
promisor
Suppose that Amanda contracts with Alex to clean his house. In return, Alex agrees to pay Amanda's credit card debt to her credit card company. In this third-party beneficiary contract, Alex is the ______.
$30,000
Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?
Occupational Safety and Health Act
The ______ requires every employer to "furnish to each of his employees .... employment ... free from recognized hazards that are likely to cause death or serious physical harm."
plaintiff
The ________ has the burden to prove all four elements of a negligence case.
trespasser
The ________ is responsible for damages to personal property when it is trespassed on..
Equal Employment Opportunity Commission
The __________ defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."
procedural
The absence of an opportunity for a person to read over a contract fully and ask any questions before he or she is required to sign is an example of ______ unconscionability.
Americans with Disabilities Act
The goal of the ______ is to prevent employers from discriminating against employees and applicants with disabilities.
eminent domain
The government's right to exercise ______ is an example of condemnation.
public figures
The law does not hold people liable for making false statements about ______ as long as the statements were not made with malice.
mitigate
To recover damages in a breach-of-contract case, the plaintiff must demonstrate that he or she used reasonable efforts to ______ the damage resulting from the defendant's breach.
persons
Torts against ______ are intentional acts that harm an individual's physical or mental integrity.
intentional
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
intentional, negligent, or strict-liability
Torts are most commonly classified as ______ torts.
25; 12
Under the Family and Medical Leave Act, an eligible employee is one who has worked at least ______ hours per week for each of ______ months prior to a leave.
Omnibus; 1968
Under the ______ Crime Control and Safe Streets Act of ______, employers cannot listen to the private telephone conversations of employees or disclose the contents of these conversations.
A person has full capacity to enter into a contract if she suffers from a mental deficiency that prevents her from understanding the transaction.
Which of the following is not an accurate statement regarding the contractual capacity of a mentally incapacitated person?
Most states follow the Uniform Contracts Code, which addresses the effect of intoxication on contractual capacity.
Which of the following is not an accurate statement regarding the contractual capacity of an intoxicated person?
Food disparagement is an unintentional tort.
Which of the following is not an accurate statement regarding the tort of food disparagement?
intent
Which of the following is not an element that a plaintiff must prove to win a negligence case?
a false statement about a fact that is unimportant to the contract a preexisting commercial relationship between the parties in the agreement
Which of the following is not one of the elements required for a finding of fraudulent misrepresentation in a contract?
the net worth of the alleged copyright infringer
Which of the following is not one of the factors that Section 107 of the Copyright Act requires a court to weigh when determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement?
The defendant (employer) must prove, beyond reasonable doubt, that the defendant's actions had a proximate cause.
Which of the following is not part of the three-step process for proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?
intent to deceive
Which of the following is present when the party making the false statement in an agreement claims or implies that he or she has personal knowledge of the accuracy of the assertion?
The defendant would be unjustly enriched from receiving the benefit from the plaintiff without compensating the plaintiff for it.
Which of the following is required for a plaintiff to recover under a theory of quasi-contract?
The plaintiff suffered an adverse employment decision because of his or her disability.
Which of the following is required for the plaintiff to bring a successful claim under the Americans with Disabilities Act?
self-defense
Which of the following is the most common defense to battery?
voluntary transfer
Which of the following is the most common means by which property is acquired?
performance
Which of the following is the most common situation resulting in the discharge of a contract?
to inspect the premises to ensure that they are reasonably safe and to warn of hidden dangers
Which of the following is the obligation a business property owner owes an invitee?
An easement is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.
Which of the following is true of an easement?
When both parties to a contract are mistaken about either a current or a past material fact, either party can rescind the contract.
Which of the following is true when there is a mutual mistake in a contract?
The defendant had a final clear opportunity to avoid the action that injured the plaintiff.
Which of the following must be established for a plaintiff to prevail under the last-clear-chance doctrine?
A party who made a misrepresentation was a merchant typically involved in buying and selling the types of goods involved in the subject transaction.
Which of the following need not be demonstrated to establish that a fraudulent misrepresentation exists?
The defendant was a third-party beneficiary of the contract between two parties.
Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?
a bank
Which of the following organizations would be least successful in convincing a court to enforce an exculpatory clause in its favor?
an amusement park
Which of the following parties would be most likely to convince a court to enforce an exculpatory clause in its favor?
nondisclosure
Which of the following refers to the failure to provide pertinent information about a projected contract?
a license
Which of the following refers to the right a patent holder gives others to manufacture and/or sell the patented object?
profit
Which of the following refers to the right to go onto someone's land and take part of the land or a product of it away from the land?
corporate equity
Which of the following remedies is not available to an employee-plaintiff for his or her employer's violation of the Americans with Disabilities Act?
corporate equity
Which of the following remedies is not available under Title VII of the Civil Rights Act?
rescission
Which of the following represents termination of a contract?
delegator
With a delegation, the ______ transfers his or her duty to perform to a third party who is not part of the original contract.
non breaching
With an anticipatory breach the _______ party is discharged from the contract.
administrative; court
Workers' compensation laws use a(n) ______ procedure rather than a(n) ______ procedure.
Express
______ conditions are usually preceded by words such as conditioned on, if, provided that, or when.