Blaw Hirt Final 2.1

Whitney works at home making unique children's clothes. Liam buys Whitney's clothes to sell in his store. With respect to Whitney's legal relationship to Liam, she is probably:

An independent contractor.

La-Z Days Motels, Inc., and Beds R Us Corporation enter into a contract that does not specify the payment terms. Payment may be made in:

Any commercially normal or acceptable means

Nature's Products, Inc., sends its standard order form to Omni Distribution Corporation to evidence a sale of packing materials. Omni responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless:

Any of the choices

an agent.

California Produce Company hires Drew to work on California Produce's shipping dock, checking outgoing loads and dispatching the company's drivers. With respect to California Produce, Drew is most likely

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

Compensation.

any of the choices

Nature's Products, Inc., sends its standard order form to Omni Distribution Corporation to evidence a sale of packing materials. Omni responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless

Toro, S.A., which is based in Mexico, enters into a contract for the purchase of portable livestock fencing from united Fencing Company, which is based in the United States. This contract is governed by:

The United Nations Convention on Contracts for the International Sale of Goods

dal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets. He reports his employer's illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge. With respect to the employment-at-will doctrine, this is

an exception based on public policy.

Global Outfitters Outlet an Hyacinth, a consumer, enter into a contract for a sale of ultra-weather camping gear. If the contract includes a clause that is perceived as grossly unfair to hyacinth, its enforcement may be challenged under:

the doctrine of unconscionability

Bernard is an expert on exotic flowers. Custom Floral Arrangements, Inc., hires Bernard to order exotic flowers for its arrangements. Bernard does not examine the quality of the flowers he orders on behalf of Custom Floral. Bernard has breached

the duty of performance

Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on neg-ligence. To win, Hadrian must show that:

Garden Tool did not use due care with respect to the trimmer.

Farouk uses his computer to break into Global Financial Center's computer. Farouk is a

Hacker

Vijay enters into a contract to sell his laptop to Winnie. Winnie takes possession of the laptop as a minor and continues to use it well after reaching the age of majority. Winnie has:

Implied ratified the contract

John contracts with Kelly to buy a certain number of cattle for Kelly's Circle K ranch. John makes a deal with Lawson, the owner of a local herd, and makes a down payment. Kelly fails to pay the rest of the price. Lawson sues John for breach of contract. John's right to hold Kelly liable for any damages that he has to pay is the right of​

Indemnification.

Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must:

Know that the guitar is stolen.

Shasta offers to sell a used hay baler to Roberto, but receives a letter of acceptance from Quito, who has no relation to Roberto. A valid contract exists between:

No one

Farmland county Bank offers to lend money to Gino, the owner of Home Hardware Store, at 15% interest. Before Gino accepts, a state statute is enacted prohibiting loans at rates greater than 12%. Gino and the bank have:

Non contract for a loan

Shasta offers to sell a used hay baler to Roberto, but receives a letter of accep-tance from Quito, who has no relation to Roberto. A valid contract exists between

None of the choices

Julia, a world famous chef, signs a contract to give lessons in French cooking to Kyle. Julia wants to transfer her duties under the contract to leile, a short-order cook at Mom's Cafe. The transfer is:

Not Valid because performance depends on Julias personal skills.

Restocking Warehouse Corporation keeps a file of I-9 verification forms. To inspect this file, the appropriate government officer must Obtain:

Not a subpeona, warrant or a special executive order: None

Seth offers to buy a house from Tia fo less than Tia paid for it, stating that he would "hate to see anything bad happen to Tia or her house." Tia agrees to tell, Regarding this agreement, a court would likely

Not enforce it

Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without:

Probable cause.

Commercial Decor, Inc., files a suit against Discount Mart Corporation, asking the court to enforce an oral contract between the parties under the doctrine of promissory estoppel. This doctrine applies in:

Some states

Reliable Insurance Company employs Stuart as an agent. To terminate Stuart's authority, Reliable Insurance must notify

Stuart and any third parties who are aware of the agency relationship.

Robert attempts to avoid paying Andrew a commission on the sale of his house to a buyer procured by Andrew. He does so by waiting until after the listing agreement has expired. Andrew finds out about this after Robert sells his house. Andrew can:

Sue Robert for breach of contract.

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liabil¬ity based on strict liability. To win, Heidi must show that she:

Suffered an injury caused by the defect.

Casey offers to sell a certain used forklift to DIY Lumber Outlet, but Casey dies before DIY accepts. Most likely Casey's death:

Terminated the offer.

American Coffee Company and Beans Brokers, Inc., enter into a contract for the sale of a certain quality and quantity of coffee beans, with Beans Brokers to determine the price. The price must be set according to:

The concept of good faith

Lewis wants to file a suit against Mikayla. Before any court can hear the case:

The court must have jurisdiction

Bernard is an expert on exotic flowers. Custom Floral Arrangements, Inc., hires Bernard to order exotic flowers for its arrangements. Bernard does not examine the quality of the flowers he orders on behalf of Custom Floral. Bernard has breached​

The duty of performance

Larue buys an iPod for $150 and a new laptop for $1,200, and signs a one-year employment contract for a $4,800 monthly salary to start at the beginning of the next month. The Statute of Frauds covers:

The employment contract and the laptop purchase only

Brady accepts what he believes is an offer to work for Canyon River Adventures, Inc. as a tour and fishing guide. In determining whether a contract has been formed, an element of prime importance is:

The intent of the parties

SurgeStop Company makes electrical cords and other connectors for elec¬tronic devices. Rollo files a product liability suit against SurgeStop, alleg¬ing a warning defect. In deciding whether to hold SurgeStop liable, the court may consider:

The obvious risks of this product.

Perfect Poultry Company agrees to sell chicken, turkey, and other meats to Quik Markets, Inc., to sell to its customers. Normally, their contract would not be enforceable unless it includes:

The quantity of the goods

Garth owns two all-terrain vehicles (ATVs), worth $1,000 and $500, respectively. Helen grees to buy "Garth's ATV" for $750. Garth believes, in good faith, that he is selling the $500 ATV. Helen believes, in good faith, that she is buying the $1,000 ATV. In this situation

There is no contract

Bette backs out of City Parking Garage, colliding with Dill's car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as:

a reasonable person

Bayou Development Corporation hires Coastal Brokerage Associates to sell the condominiums in a building at Bayou Development's resort. The agency will terminate

after the condo's have been sold

Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of a. Ian's discovery of an injury caused by the opener.

A

On behalf of Bobble Head Manufacturing Company, Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company. Under the UETA, Carmela's typed name qualifies as a. a "signature." b. a statement of future intent. c. a partnering agreement. d. a preliminary negotiation.

A

After an accident with a vehicle licensed to Guardian Security Company, Heidi signs a covenant not to sue Guardian Security for damages in a tort action if it pays for the damages to her car. This covenant is:

A bar to recovery only if Guardian security pays

Rondi holds herself out as possessing special accounting skills. As an agent, she must exercise the degree of skill or care expected of​

A person having those skills

43.Renew Turf, Inc., enters into a contract with Sports Park to provide surface material for Sports Park's baseball fields by October 1 for a series to begin October 5. The contract specifies an amount to be paid if the contract is breached. This is a liquidated damages clause if the amount is:

A reasonable estimate of the loss on the breach.

Diet & Health Food stores orders 1,000 boxes of granola bars from Energy Products, Inc., but fails to specify the varieties. The granola bars are delivered in an assortment of varieties. Diet & Health may:

Accept only the granola bars that it wants and reject the rest

Gustaf and Hilltop Country Club disagree as to the exact amount Hilltop owes Gustaf for his landscaping work. They forma nw agreement that, on fulfillment, will discharge the prior obligation. This is:

An accord and satisfaction

Watercraft, Inc., employs Vladimir as a sales agent for a trial period. At the end of the period, Watercraft and Vladimir disagree on the amount of the commissions Vladimir is due for sales that he made. Watercraft, Inc. may demand​

An accounting.

Lucille is married to Marcus. Lucille buys food for their children's lunches and charges the cost to Marcus's account. This is​

An agency by operation of law.

Dimitri, a certified public accountant and an investor, and Elinor, an insurance salesperson and a realtor, may create an agency relationship for​

Any legal purpose.

Lewis offers to make digital copies of Motivational Sales Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the UETA, Motivational Sales' acceptance by e-mail will be considered effective when a. received. b. sent. c. followed up by a confirmation letter sent by regular mail. d. composed on a Motivational Sales computer.

B

Robin claims that her contract with Stroud for tennis lessons is voidable. If their contract is avoided:

Both parties are released from it

Darwin serves in a representative capacity for Ewan. To accomplish the objectives of this relationship, Darwin's authority can be implied:

By custom

Forest & Field Company makes and leases a backhoe to Gallagher. Due to a defect attributable to Forest & Field's negligence, Gallagher is injured in an accident in which his neighbor Helga is also hurt. In a product liability suit based on negligence, Forest & Field may be liable to:

c. Gallagher and Helga

Paradise Footwear buys a franchise from Quadrangle Athletic Shoes Inc. This relationship, like all other franchise relationships, is governed by:

Contract Law

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liabil¬ity suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider a. Erna's intended use for the phone. b. DefDeals' method of accounting. c. ClearCall's quality control efforts. d. an available alternative design.

D

Medical Billing Collection Corporation and Naturopath Clinic make a deal for Medical Billing's services via e-records. Under the UETA, an e-record is considered received when a. it enters the recipient's processing system in a readable form. b. the recipient is aware of its receipt. c. the recipient is aware that it has been sent. d. it leaves the sender's control.

D

Devon and Edmond enter into a contract for the closing of a sale of Devon's recording studio. When Edmond's schedule conflicts, he ask Fredie to perform his duties at the closing. The transfer of duties is:

Delegation

accept only the granola bars that it wants and reject the rest.

Diet & Health Food stores orders 1,000 boxes of granola bars from Energy Products, Inc., but fails to specify the varieties. The granola bars are delivered in an assortment of varieties. Diet & Health may

While a minor, Uri misrepresents his age as 21 to purchase a motorbike from Van's Dirt Bikes & Scramblers. Ordinally, Uri can:

Disaffirm the contract but must return the motorbike

Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Gas & Shop store, and give the stolen funds to Dreyfus. Charged with theft, Eton can successfully claim, as a defense:

Duress

Naomi tells Ogden, who has no knowledge of Shakespearean comedy, that she will tutor him in the subject for $50. As an offer, this is:

Effective.

Guardian Security, Inc., and Hedge Fund Corporation enter into an oral contract under which Guardian Security agrees to provide security services for Hedge Fund Offices for as long as Hedge Fund needs them. This contract may be enforceable by

Either;Or

Diverse Diversions, Inc., makes computer, video, and mobile device games. Ember buys a hard copy of Final Infinity. Inside the package is a shrink-wrap agreement. With respect to the contract for the game's purchase, the shrink-wrap agreement may not be enforced if:

Ember learns of it after contracting.

Omni insurance company violates a state licensing statue when selling an insurance policy to Petra, in whose state Omni is not licensed to sell insurance. As a member of the class of persons protected by the statute, Petra can:

Enforce the policy or recover the amount of the premiums paid

Trucking Dispatch Company and Ucello put their agency agreement into a written document that describes the rights and duties of both parties. Ucello, as the agent, has:

Express authority

Fresh Harvest Company, which is based in Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file suit against Fresh Harvest. The diversity of citizenship between these parties means that:

federal and state courts have the concurrent jurisdiction

Posing as Platinum Bank, Quentin e-mails Rachel, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quentin promptly sells to Spence. This is:

identity theft.

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities:

if the information is "fruit of the poisonous tree."

Investment Sales Corporation wants to monitor its employees' electronic communications. Investment Salas's best course of action to avoid liability under laws related to employee monitoring is to notify:

its employees

Stan, an air-conditioning and heating technician, files a suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set's best defense is most likely

knowledgeable user.

Sam goes out shopping and, using his wife Juanita's credit card, buys $221 worth of groceries. Under agency law, Juanita will probably be deemed:

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

Data & Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Data & Data from subjecting its employees to

lie-detector tests

Orina hires Padget, a real estate broker, to sell her oceanfront house. The house is destroyed in a hurricane before being sold. Padget is

no longer Orina's agent

Orina hires Padget, a real estate broker, to sell her oceanfront house. The house is destroyed in a hurricane be¬fore being sold. Padget is:

no longer Orina's agent.

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

other persons of her race hold similar positions with other similar employers.

Steel Production Industries, Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel Production must do all of the following except

pay employees higher wages for working in more dangerous areas.

Mark is creating Nu2U.com, a Web site through which he will enter into contracts over the Internet. Important terms to include in his offers include:

provisions specifying the remedies if the contract is breached.

Garden Field Farm and Haute Gourmet Restaurant, Inc enter into a contract for a sale of lettuce befo

regardless of the quantity.

Bailey is an agent for Culinary Delites Company. In the course of Bailey's performance for Culinary Delites, she pays Drivers' Repair Service for certain vehicle maintenance and repair work. Bailey's right to obtain the amount of the payments from Culinary Delites arises under the principal's duty of

reimbursement

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a

retaliation claim.

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

reverse discrimination.

BioChem Corporation, ChemCo Company, and DexLabs Inc. make and distribute toxic chemicals. In a product-liability suit against all of these parties, the court is most likely to impose market-share li¬ability if it cannot be proved which of the parties

supplied the particular product that caused the injury.

Blayne is an employee of Chemical Refinery, Inc. Blayne is threatened with a discharge when he refuses a transfer to a Chemical Refinery department in which several employees suffered serious injuries from exposure to hazardous chemicals. Blayne may be entitled to protection from discharge under:

the Occupational safety and health act

Refer to Fact Pattern 20-B1. Ripe Produce responds that it did not waive payment for spoiled goods in the parties; previous transaction. Ripe Produce us arguing that the court should take into account:

the course of dealing

Isaac hold one ton of perishable fruit in storage for juice smoothies corporation. Juice Smoothies does not pay for the storage. Isaac sells the fruit to Kayo Beverage Company. This sale represents:

A mitigation of damages

Gliding Light, LLC, and Hang Gliders, Inc., are parties to a contract. They subsequently agree that High Riders Inc., should take Gliding Light's place and assume all of its rights and duties under the contract. This is:

A novation

Jill agrees to act on Kit's behalf, subject to Kit's control, and Kit trusts Jill to so act. This describes a relationship between​

A principal and an agent.

Dara gives her agent, Marla, money to purchase a new commercial oven. Marla takes the money and deposits it into her personal checking account. Marla then accidentally spends some of Dara's money. Marla has violated her duty of:

Accounting.

Laura and Juan have an agreement where Laura will sell Juan's baseball card collection while he is out of the country. Juan does not give any specific instructions on how this should be done. To fulfill her duty of obedience, Laura must:

Act in good faith.

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liabil¬ity suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's

Advantages and disadvantages.

Bayou Development Corporation hires Coastal Brokerage Associates to sell the condominiums in a building at Bayou Development's resort. The agency will terminate:

After the condos have been sold.

Dinner Theater files a suit against Entertainers Agency, Inc., to enforce a contract. The only written evidence of the contract is a memo on Entertainers letterhead signed by Fiorello, a company officer. The contract can be enforced if the memo includes:

All essential terms

Without authorization, Lars contracts on behalf of Mina to have Nemo paint the interior and exterior of Mina's house. If Mina decides to ratify the contract, she must affirm:

All of the contract.

Omar and Penn want to discharge their contract by executing a new agreement with performance different from what they originally promised. They can best accomplish this by:

An accord and satisfaction

Emery is a corporate officer of Frakking Mining Corporation. With respect to binding Frakking Mining to contracts, Emery is​

An agent and has the authority

When Hester's car breaks down, she asks Insta-Tow, Inc. to Tow it to Jerry Repair Shop. There is no discussion of a price, and Hester and Insta-Tow do not sign any documents. Later Insta-tow sends Hester a bill. With respects to Hesters obligations to pay the bill, this is:

An implied contract

Cellphones & Calltime, Inc. makes an offer to Delores to enter into a contract to work as a salesperson for a certain base salary plus commission for ninety days subject to one-year renewal based on her performance. Delores accepts the offer. A valid contract requires:

An offer and a acceptance

In a bike shop, Barrie, who is not knowledgeable about bikes, overhears cullen say, "This bike could win any race!" Barrie buys the bike, but does not win any races with it. Cullen's statement:

An opinion

Donald approves on behalf of Evelyn—but without authorization—a contract with Farouk to build a new silo. Evelyn does not ratify the contract. The deal with Farouk is :

An unaccepted offer.

Insurance Sales Corporation hires Jeremy to act as its agent. Insurance Sales's right not to perform a contract entered into by Jeremy, if he breaches their agency agreement, is the right of​

Avoidance.

Rebecca hires Samson to perform at Becca's Bistro, but he breaches the agreement to accept a higher-paying job at Three Course Dinner Theater. Rebecca files a suit against him. The court will most likely:

Award damagers to Rebecca

Crafted Metal Works, Inc., offers to design, make, and sell Downtown Transit Agency fourteen streetcars. Crafted Metal authorizes a particular mode of communication, but Downtown Transit sends an acceptance via a substituted means. This acceptance is effective when it is a. in transit. b. received. c. sent. d. written.

B

Kay and Leo enter into a contract that falls within the provisions of the UETA. Under the UETA, "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" is a. an e-document. b. an e-signature. c. an e-transaction. d. a record.

B

Investment Holdings Corporation hires Jeri, a business appraiser, to locate investment possibilities for Investment Holdings. Jeri learns of a salsa and hot sauce manufacturing company available for a reasonable price, but neglects to tell Investment Holdings. Most likely, Jeri​

Breached the agent's fiduciary duties to the principal.

Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an a. arraignment. b. indictment. c. information. d. interrogation.

C

Liz offers to sell Max her iPad for $200. Max says, "Okay, but only if you include the case and other accessories." Max has a. accepted the offer. b. made a counteroffer without rejecting the offer. c. rejected the offer and made a counteroffer. d. rejected the offer without making a counteroffer.

C

Mirena serves in a representative capacity for Netanya. Orla is injured through Mirena's negligence. Netanya may be liable to Orla if Mirena's conduct occurred a. due to a propensity Netanya was not and could not have been aware of. b. during normal working hours. c. in the course and scope of Mirena's employment. d. outside the parties' employment relationship.

C

Quay Trucking Service tells Rafe that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse. Rafe's acceptance is complete a. as soon as Rafe says he will unload the truck. b. once Rafe starts to unload the truck. c. only after Rafe unloads the truck. d. when Rafe hears Quay's offer.

C

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

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

Judy's cousin Skip tells Judy that he will sell her car for her when she leaves the country for a church mission for two years. Skip tells her that he will do it for no charge to her. While Judy is gone, Skip forgets about the agreement and does not attempt to sell the car. Judy:

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

Global Games Corporation employs Heidi as an agent. Global Games gives Heidi an exclusive territory in which to sell its products. Global Games cannot compete with Heidi in that territory under the duty of​

Cooperation

Esmeralda promises to pay fiorello $400.00 because "He does not have as much money as other people". Esmeralda's promise is not enforceable because:

Fiorello has not given consideration in return

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely:

Forgery

Gene sells a trail bike to Hollis without disclosing that the odometer, which reads 10,000 miles, was disconnected 90,000 miles ago. Gene is most likely liable for

Fraud

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for:

Fraud

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for:

Fraudulent Misrepresentaiton

may treat the offer as having lapsed.

Fresh Dairy, Inc., is the offeror and Gelato Ice Cream Company is the offeree under a unilateral sales contract in which Hector's Helado Corporation is also interested. Gelato is not notified of Fresh Dairy's performance within a reasonable time. Gelato

Nina contracts with Office Suites Corporation to buy a suite in its Prospect Point Tower at premium for its view of Quay Harbor. Unforeseeably, the town of Quay Harbor Changes its zoning law, and Resort Hotels, Inc., constructs Seaview Resort, blocking what would have been Nina's view. Nina's best argument for a change in the office suites contract or its price is:

Frustration of purpose

the doctrine of unconscionability.

Global Outfitters Outlet and Hyacinth, a consumer, enter into a contract for a sale of ultra-weather camping gear. If the contract includes a clause that is perceived as grossly unfair to Hyacinth, its enforcement may be challenged under

Rudy files a suit against Shakes & Shingles, Roofing Contractor, Inc., under the doctrine of promissory estoppel. Rudy must show that:

He justifiably relied on Shakes & Shingles' promise to his detriment

Orchid and Peony enter into a contract for sale of Orchid's Textbook at the end of the fall semester for which Peony agrees to pay Orchid $75. Peony wants to transfer her right to payment for the book to Queenie. This Transfer:

Maybe oral or written

Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on:

Miklos's death or incapacity.

A Maryland state court can exercise jurisdiction over National Insurance Corp, an out-of-state company, if the firm has:

Minimum contacts with the state

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for:

More than one year

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for:

Negligence

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed:

Negligence per se

Food Packagers Union represents the workers of Garden Variety, Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. Food Packagers would like Garden Variety to require the workers to join after a specified amount of time on the job. This would violate:

No Federal Law

Quay Trucking Service tell Rafe that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse, Rafe'e acceptance is complete.

Only after Rafe unloads the truck

Kari is the sole proprietor of Living Earth Garden Shop. As a sole proprietor, on the business's profits, in relation to taxes, Kari pays:

Only personal income taxes

Adrian operates a recycled metal business and contracts to provide ten ton of scrap steel at $500 per ton to be delivered to Build-It-Rite Materials, Inc., in seven months. An unforeseen shortage of scrap steel suddenly develops, making it impossible for Adrian to fulfill the contract for less than $5,000 per ton. Adrian's best defense against performing the contract would be that.

Performance of the contract is commercially impracticable

Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 10.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights:

Prior to any police interrogation

Luke is playing a video game on a defective disk that melts in his game player, starting a fire that injures his hands. Luke files a suit against Mystic Maze, Inc., the game's maker under the doctrine off strict liability. A significant appli¬cation of this doctrine is in the area of:

Product Liability

Odina, signs a covenant not a compete with her employer, Penultimate Sales Corporation. A court decides that the covenant is overly restrictive. Depending on the Jurisdiction, the Court will likely:

Reform its terms to prevent any undue burden

Liz offers to sell Max her iPad for $200. Max says, "Okay, but only if you include the case and other accessories." Liz has:

Rejected the offer and made a counteroffer

Mona is induced by her guardian Newt to sign a contract to invest her student loan funds in Overseas Bank through New's Investment firm. Unknown to Mona, Newt realizes ongoing commission from the investments. Most likely, Mona may

Rescind the contract on the basis of undue influence

Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be:

Roadbuilders and Sky-Hi.

Maura enters a gas station and points a gun at the clerk Nate. She then forces Nate to open the cash register and give her all the money. Maura can be charged with:

Robbery.

a person having those skills.

Rondi holds herself out as possessing special accounting skills. As an agent, she must exercise the degree of skill or care expected of

agree to whatever terms they wish.

Savannah and Tim enter into a sales contract for orchids. With respect to the specific contractual provisions set out in the UCC, Savannah and Tim may

Downtown Contractors and Equipment Rental Corporation are parties to an oral agreement for a one-year lease of a crane with payments totaling more than $10,000. They may satisfy the Statute of Frauds by:

Setting out the terms in a memo

42. Sati contract to work exclusively for Thermal Imaging Company, during July for $5,000. On June 30, Thermal Imaging cancels the contract. Sati finds a similar job for the month of July for the month of July but earns only $3,000. Sati files a suit against Thermal Imaging, As compensatory damages, Sati can recover:

2000

Clark hires Dimitri to act as his agent to purchase Expo Sports Arena, Inc. Clark tells Dimitri to reveal that he is buying the firm and its assets on behalf of a third party and to tell the seller who that third party is. Clark is a. a disclosed principal. b. an apparent principal. c. an undisclosed principal. d. a partially disclosed principal.

A

Rodney is an employee of Security Services, Inc. In deciding whether Rodney acts within the scope of his employment when he commits a tort against Tracy, a court will not con¬sider whether a. Rodney indicated that he was acting on behalf of Security Services. b. Security Services authorized the act. c. Security Services furnished the means by which the injury was inflicted. d. the act is one commonly performed by employees for their employers.

A

Standard Purchasing Corporation and Topmost Sales, Inc., enter into a part-nering agreement. Under a partnering agreement, parties agree a. in advance to terms that apply to their future e-transactions. b. to become partners. c. to conduct transactions solely in electronic form. d. to resolve all disputes without involving a third party.

A

World Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. The UETA applies, if at all, only to those transactions in which the parties agree to use a. electronic means. b. paper documents. c. updates and cross-checks to orally verify any e-terms. d. notarized documents.

A

Polly agrees to buy, Quinn's Cycle World store business on the express condition that Ridgeline Credit Union approves the financing. This approval is: Not a condition

A condition precedent

Napoleon owns Napoleon's Construction and agrees to renovate Mrs. Cernan's bathroom. She will provide him with the plans, and then he will do the work in the manner that he determines is most cost effective and appropriate. Napoleon is likely to be classified as:

an independent contractor.

The brakes on a train owned by Rolling Stock Railway Inc. malfunction. The train rolls towards main¬te¬nance workers on the tracks. Everyone gets out of the way except Sid, who wants to show off. The train hits Sid, who sues Train Components, Inc., the brakes' manufacturer. Train Components can raise the defense of:

assumption of risk.

Alice is injured when she is struck by debris floating on her property, which was flooded by a breach of Big R Ranch's reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established by:

a British court.

Great Gear, Inc., enters into a contract to sell sports clothing and equipment to Healthways Workout store, which in turn sells a pair of bike shorts to Ilene, a consumer. In comparison to standards that apple to consumers, the UCC imposes on merchants:

Special business standards

Nonny agrees to buy a unique collection of Olympics memorabilia for $7,000 from Piper and sends $1,500 as a down payment. When Nonny sends Piper the rest of the price, she refuses to ship the collection. Nonny should seek

Specific performance

Deb buys a song through eSongs, an online music vendor. Before completing the purchase and downloading the song, Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is:.

a click-on agreement

Ajay sells "Bulk Up" steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is:.

a crime that occurs in the virtual community of the Internet.

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

a license

Linus hires Mieko to act as his agent to purchase Ngoc's Southeast Asian Buffet. Linus tells Mieko to reveal only that she is buying the restaurant on behalf of a third party, without telling Ngoc's seller who that third party is. Linus is:

a partially disclosed principal.

Jewelry & Coin Company hires Kelly Ann to buy gems and precious metals from various sources on its behalf. In this relationship, Jewelry & Coin is

a principal

Without authorization, Lars contracts on behalf of Mina to have Nemo paint the interior and exterior of Mina's house. If Mina decides to ratify the contract, she must affirm

all of the contract

Stop n' Gas Convenience Stores, Inc., is an East Coast-based firm that does business throughout the United States. With respect to this circumstance, the UCC has been adopted by, and applies in,:

all of the states, in whole or in part

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen of "extraordinary ability." To hire Dhani, Cloud Computing must petition

U.S. Citizenship and Immigration Services.

Industrial Engineering, Inc., promises to give stock options to Jasmine for processes she has already designed for the firm. This promise is enforceable

Under no circumstances

On July 10, Pet Supply Store orders fifty small dog collars from Quality Collars, Inc. to be delivered by July 15. On July 13, Quality Collars tenders fifty large dog collars. Pet Supply rejects the shipment. Quality Collars has:

Until July 15 to cure.

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies' knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a:

Virus

Mallory promises to buy illegal digital copies of movies from Napoleon, who promises to deliver on Oct 31. These promises are most likely:

Void

Mikayla, an agent for Nahir, enters into a contract on Nahir's behalf with Onora that must be in writing to be enforceable under the Statute of Frauds. Mikayla's authority to enter into this contract is not in writing. Under the equal dignity rule, this contract is:

Void

On March 1, Eugene retains Farley to act as his authorized agent. On April 1, Eugene dies. On April 2, before Farley knows of Eugene's death, he enters into a contract on Eugene's be-half. The contract is:

Void

Laramie contracts to provide cattle-herding services to Mike for $1,400.00 per month. Laramie cannot transfer this duty-

Without containing to be potentially liable

Largo is an agent for MaryElise. MaryElise gives Largo clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. Largo enters into a contract on her behalf on Tuesday. Largo has breached

the duty of obedience.

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liabil¬ity suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and

the omission of a warning renders the pacemaker not reasonably safe.

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely

embezzlement.

iSharp, Inc., and Jenene, the owner of a Kitchen Time shop, orally agree to a sale of knives and other utensils for $12,000. Jennie gives iSharp a check for $4,000 as a partial payment. This contract is:

enforceable to the extent of $4,000

Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that:

exactly conform to the contract in every detail.

Megan reaches into Ned's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve:

force or fear.

Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by:

imprisonment for up to thirty years and fines of up to $1 million.

Nuncio serves in a representative capacity for Obadiah. With respect to binding Obadiah to contracts, Nuncio's authority:

may be actual or apparent.

Based on Esteban's conduct, Floyd reasonably believes that Glynis has the authority to act on Esteban's behalf even though Glynis does not have the actual authority to do so. Floyd makes a payment to Glynis for Esteban. Glynis keeps the money and disappears. Esteban

may be estopped from denying that Glynis had authority

Bean House Coffees and Java Distributors, Inc., have a long-standing business relationship that they would like to continue. For this reason, they may prefer to settle any dispute between them through mediation because:

the process is not adversarial

Farmland County Bank offers to lend money to Gino, the owner of Home Hardware Store, at 15 percent interest. Before Gino accepts, a state statute is enacted prohibiting loans at rates greater than 12 percent. Gino and the bank have:

no contract for a loan.

Refer to Fact Pattern 20-B1. Ripe Products files a suit against Southeast Asian, claiming that the buyer assumed the risk of the spoilage of the unsold goods. The court may allow evidence of this term if it finds that the parties' contract is:

not fully integrated

Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if:

the statement is false

Rafi, a can driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Rafi and Speedy are liable to:

only those whose injuries could have been reasonably foreseen.

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely:

set aside any award

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well qualified, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the position with a person who is not disabled. Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act of 1990 if she can show that

she was not hired solely because of her disability.

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda Bubbles beverage, which proves defective and injures her. One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that:

soda Bubbles is making a profit from its activities

Loading Ramps Plus Inc. contracts to sell sixteen aluminum loading ramps to Moving Services, Inc. Loading Ramps ships the ramps, which Moving Services accepts but does not pay for. Loading Ramps can

sue to recover the purchase price plus incidental damages

Casey offers to sell a certain used forklift to DIY Lumber Outlet, but Casey dies before DIY ac¬cepts. Most likely, Casey's death:

terminated the offer.

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's must provide each employee, during any twelve-month period, family or medical leave of up to twelve

weeks

Almond Farms contracts for the sale of a certain quantity of nuts to Bulk Natural Foods Stores. Almond Farms delivers nonconforming goods. Acceptance will be presumed unless Bulk Natural Foods rejects the goods:

within a reasonable time after delivery.

Jewelry & Coin Company hires Kelly Ann to buy gems and precious metals from various sources on its behalf. In this relationship, Jewelry & Coin is​

​a principal.

Fine Motor Company buys gas pedals and other parts from General Mechanix, Inc., and puts them in its vehicles without changing their composition. If the pedals or other parts are defective, strictly liable for any damage caused by the defects are

c. Fine Motor and General Mechanix

Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an employee of Reservations for Less' competitor Travel Cheap, Inc., for a secret Reservations for Less pricing schedule. This may be: .

commercial bribery

Fact Pattern 9-B1 Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. Refer to Fact Pattern 9-B1. One of the senders—Great Looks, Hot Trends, or Ilene—is acting outside the bounds of federal law. Federal law prohibits the sending of

commercial e-mail to randomly generated addresses.

Garry drives a truck as a truck as an employee for Heavy Hauling, Inc. Garry would most likely be considered acting outside the scope of her employment if he:

crashed into a car at the airport while off duty.

use reasonable diligence and skill in selling.

Lorena is appointed as an agent for Milled Grains, Inc. The agency agreement is silent as to the level of sales that Lorena is expected to achieve. She must

Lucas orally agrees to sell his Mountain Spring Beverage Company to Natural Soft Drinks, Inc. Lucas notes the terms on a sheet of Mountain Spring stationery and signs it. This agreement is most likely enforceable against:

Lucas

Lena is a salesperson for Musical Instruments, Inc. She tells Nayda, a customer, that an instrument has a certain quality when, as Lena knows, it does not. In reliance, Nayda buys the instrument. Liable for this misrepresention is:

Lena

40.Leon Contracts to install automatic watering trough in kendall's dairy barn. Leon then becomes seriously ill and contracts with Jake to install the troughs. Jake is unreliable and never shows up to install the troughs. Kendall can sue:

Jake or Leon

Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in New York involves questions of

Jurisdiction.

Lucy, a minor, disaffirms a contract for necessaries without returning the goods. To Manny's Food Mart, the seller, Lucy is required to pay:

The reasonable value of the goods

Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to hosts of banquets, corporate meetings, concerts, weddings, and other events. In this capacity, Rosario is​

An independent contractor.

Country Dentists Clinic offers to buy from Dental & Medical Supplies Company a certain quantity of floss and other items for a certain price. Dental & Medical can accept the offer by:

A promise to ship or a prompt shipment of the goods

Savannah and Tim enter into a sales contract for orchids. With respect to the specific contractual provisions set out in the UCC, Savannah and Tim may:

Agree to whatever terms they wish

the concept of good faith.

American Coffee Company and Beans Brokers, Inc., enter into a contract for the sale of a certain quality and quantity of coffee beans, with Beans Brokers to determine the price. The price must be set according to

Reynaldo is a delivery driver for Southeast Asian Noodle Company. Reynaldo follows detailed instructions of the company in carrying out his work. Reynaldo is​

An employee.

Business Travelers Hotel Corporation hires Conrad, a real estate agent, to locate hotel properties for the company. Conrad learns of a hotel available for $3.2 million, informs Business Travelers, and makes an offer of $2.9 million on Business Travelers's instruction. The offer is rejected. Conrad​

Complied with all of the agent's duties to the principal.

Justin, as an agent for Jessica, receives an earnest money check from a buyer related to the sale of Jessica's property. Justin's receipt of the check creates a(n):

Constructive trust.

an employee

Donato is Equipment Repair Service Company's chief executive officer. On Equipment Repair's behalf, Donato solicits business, hires and fires workers, and handles finances. Equipment Repair pays Donato varying amounts, depending on his "needs." Donato is most likely

Elaine.

Elaine owns the Fabric & Yarn store. Goldie is a salesperson in the store. When Goldie makes a sale to Heather, the sale is binding on

Ferris is refinishing his kitchen floor and needs a floor sander to complete the job. Ferris's neighbor Gerda suggests he call Home Repair Rentals, Inc. Home Repair leases Ferris a floor sander. In this transaction, the lessor is:

Home Repair

Eli and Marilyn ask Gracie to be the administrator of their will and the guardian of their children if they pass away before their children reach the age of majority. Gracie agrees. Fiduciary relationships such as this one:

Involve a high degree of trust and confidence.

Lena is a salesperson for Musical Instruments, Inc. She tells Nayda, a customer, that an instrument has a certain quality when, as Lena knows, it does not. In reliance, Nayda buys the instrument. Liable for this misrepresentation is

Lena

an agency by operation of law.

Lucille is married to Marcus. Lucille buys food for their children's lunches and charges the cost to Marcus's account. This is

Fresh Dairy, Inc., is the offeror and Gelato Ice Cream Company is the offer under a unilateral sales contract in which Hector's Helado Corporation is also interested. Gelato is not notified of Fresh Diary's performance within a reasonable time. Gelato:

May treat the offer as having lapsed

Fact Pattern 32-1B Margo works as an administrator and receptionist in Neon's Garage Door Store. Neon withholds federal taxes from Margo's pay, and controls the methods and details of the performance of her work. Margo is not authorized to modify the prices or other terms of a sale at the store. Omar installs Neon's Garage Door products at the buyers' locations. Refer to Fact Pattern 32-1B. At the shop, Margo is

Neon's employee and agent.

Margo works as an administrator and receptionist in Neon's Garage Door Store. Neon withholds federal taxes from Margo's pay, and controls the methods and details of the performance of her work. Margo is not authorized to modify the prices or other terms of a sale at the store. Omar installs Neon's Garage Door products at the buyers' locations. ""Neon authorizes Omar to sell garage door upgrades and accessories at the buyers' locations at prices that Omar negotiates with those buyers. With respect to sales at those locations, Omar is"

Neon's employee and agent.

Largo is an agent for MaryElise. MaryElise gives Largo clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. Largo enters into a contract on her behalf on Tuesday. Largo has breached​

No duty.

Octavio receives from Pastry Dough, Inc., its catalogue and a "personalized" letter inviting Octavio to buy any item at the advertised price. This is:

Not an offer

Lon says to Milli, "I would like to sell you my comic book collection." This is not an offer because it:

Only invites Milli to negotiate.

Sarah has to move from the East Coast to the West Coast for her job. Elmo agrees to act as Sarah's agent to sell her New York condo. As her agent, Elmo owes Sarah all of the following duties except:

Payment.

Cheryl knows that Jake is looking to buy a new scooter. She sees one that would be perfect and negotiates with the seller on Jake's behalf. She signs a contract for the scooter using her name but clearly indicating that she is working for Jake. She actually is not. When Jake sees the scooter, he loves it and agrees to pay the contract price. If agency exists in this situation, it is agency by:

Ratification.

Barrett files a suit against City Moving Service for breach of contract, based on what Barrett claims was City Moving's offer. For a court to de¬termine if a contract has been breached, under the common law, the offer must include terms that are:

Reasonably definite.

Mitchell hires Christina to go from Florida to New York and negotiate a contract for his company. He gives her specific instructions on what should be in the contract, and a written letter that gives her authority to sign on his behalf. Christina books a plane ticket, flies to New York, hires a cab, and successfully negotiates the contract. If Christina is paid for the plane ticket and cab fare, as well as meals while in New York, it is most likely under the principal's duty of:

Reimbursement.

Dakota Energy Company employs Evan to negotiate the purchase of mineral rights for future mining projects. Evan secretly buys some of the property and sells it to Dakota at a profit. Evan has breached​

The agent's duty of loyalty.

Home-Baked Bread Company hires Ike to sell the company's products in a certain area. Home-Baked Bread agrees to pay Ike a salary, plus commission, for a trial period. They also agree that Ike can sell using any methods and during any hours that seem appropriate. The key factor in whether Ike is Home-Baked Bread's employee is​

The control Home-Baked Bread has over the details of the work.

Quince owns a used-car lot where Ray works as a salesperson. Quince tells Ray not to make any warranties for the cars. To make a sale to Sylvia, however, Ray adds a 50,000-mile warranty. Later, Sylvia sues Quince for breach of warranty. Quince's right to hold Ray liable for any damages arises from the following​

The unauthorized act.

Refer to Fact Pattern 20-B1. Southeast Asia contends that the practice in the trade with respect to payment for spoiled produce justifies its refusal to pay. Southeast Asian is arguing that the court should take into account:

The usage of trade

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has

a business necessity defense.

Ralphy is a minor. In most states, Ralphy may not be​

a principal.

Over the course of a year, Suits & Sets Corporation sells household furnishings to customers to whom it extends credit. Suites & Sets orders the furnishings from The Storage Depot's warehouse, form which the items are shipped via common carrier to Suites & Sets customers. Article 2 of the UCC governs:

all of the parties' sales of the goods

Signe offers to sell Thomas her textbook but conditions the sale on Thomas ac-cepting the offer by March 1. Signe may revoke the offer:

before Thomas accepts the offer.

Charlie tells Jamal that Marisol has agreed to allow him to sell her racing bicycle. Marisol is present at the time, hears the conversation and says nothing. Jamal agrees with Charlie to buy Marisol's bike. Marisol then refuses to sell the bicycle. Marisol claims that she is not bound by the agreement formed by Charlie and Jamal because Charlie is not her agent. Marisol likely is:

bound by the contract under a theory of agency by estoppel

Refined Grains, Inc., is a Kansas-based firm that does business throughout the world. Refined Grains manages retail and wholesale operations, buys and sells commercial venues, undeveloped land, and agricultural products, and other goods. Refined Grains has had to deal with employees and customer theft. With respect to these circumstances, the Uniform Commercial Code (UCC) provides a framework for:

commercial transactions for the sale of and payment for goods

Refined Grains, Inc., is a Kansas-based firm that does business throughout the world. Refined Grains manages retail and wholesale operations, buys and sells commercial venues, undeveloped land, and agricultural products, and other goods. Refined Grains has had to deal with employee and customer theft. With respect to these circumstances, the Uniform Commercial Code (UCC) provides a framework for:

commercial transactions for the sale of and payment for goods.

Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. Refer to Fact Pattern 9-B1. Federal law preempts state antispam laws

except for provisions that prohibit false and deceptive e-mailing practices.

Omni Corporation provides cell phones, laptops, and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is

excluded from the coverage of the Electronic Communications Privacy Act.

Nuncio serves in a representative capacity for Obadiah. With respect to binding Obadiah to contracts, Nuncio's authority

may be actual or apparent

Fact Pattern 9-B1 Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. Refer to Fact Pattern 9-B1. Great Looks and Hot Trends are subject to the laws of the states in which they are located and do business. Many states

prohibit false and deceptive e-mailing practices.