Final exam pt 3

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

Home Repair .

Jason and Katrina work on the loading dock for Longhaul Transport Company . Jason has a disability . Katrina has seniority . Jason asks for a transfer , which would represent an accommodation for his disability . Longhaul gives the transfer to Katrina on the basis of her seniority . Jason files a suit against Longhaul for discrimination on the basis of his disability . The court is most likely to rule that

Katrina's seniority is a good defense .

Inc. , a national vehicle service Edgy Engine Components , Inc. , a maker of vehicle parts , refuses to sell to Fidgety Fix - it , firm . Edgy Engine convinces Greasy Motor Parts Company , a competitor , to do the same . This is

O a group boycott .

Rally Speedboat Corporation refuses to sell its products to Super Weekends , Inc. , a recreational water products dealership . This is

O a unilateral refusal to deal .

North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production , markets , and prices , effectively reducing competition and increasing profits . This is most li

O an illegal restraint on trade .

App Developers , Inc. ( ADI ) , enters into a contract with Carmen , the chief executive officer of SalesCorp , to create an app for the firm . To fulfill the contract , ADI hires Max and ten other student interns . With respect to the contract between ADI and Carmen , Max is

O an incidental beneficiary .

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

O before Thomas accepts the offer .

Heavy Hauling , Inc. , is a public company whose shares are traded in the public securities markets . Under the Sarbanes - Oxley Act of 2002 , to ensure that Heavy Hauling's financial results are accurate and timely , the firm's senior officers must set up and maintain

O internal " disclosure controls and procedures . "

Fleet Trucking , LLC , buys a white van from Go Motors , Inc. , on credit under a guaranty signed by Herbie , Fleet's president , making him personally liable if the company does not pay . Herbie is

a guarantor .

Zero Sum Games Corporation has forty - three shareholders . The minimum number that must present at a meeting for a shareholders ' vote is

a quorum .

or not The standard for determining whether constructive discharge has occurred is whether

a reasonable person in the employee's position would feel compelled to quit .

Congress enacts a new air quality statute that applies to businesses . To enforce federal environmental legislation , the federal government relies on

all levels of government and private citizens .

Riverside Ranch is a horse breeding facility . Steed Stables is a customer looking for a new stallion for its breeding program . Riverside's representative Tomas shows says is very fertile and can easily breed

an express warranty

Eden pays for the cycle with a check , knowing to cover the amount . A week later , Damian Damian owns a pick - up truck and a motorcycle . He sells the motorcycle to Eden for $ 10,000 . that she had insufficient funds in her account files a petition in bankruptcy for relief through a liquidation .

cancel it as a fraudulent transfer .

Naomi and Ogden are shareholders of MediCare Residences , Inc. As shareholders , they must approve

conducting a merger .

Home & Barn Construction , Inc. , contracts with Idyll Farms to build a new dairy bam on Idyll's property for which Idyll agrees to pay . The elements of this , and any other , contract include

consideration

Quality Metals Company and Superior Fabrication , Inc. , enter into a contract under which quantity of sheet metal to Superior Fabrication each Quality Metals agrees to deliver a certain month . The contract does not include a price term . In a suit between the parties over the price , a court will

determine a reasonable price .

Stella is fifteen . In most states , for contractual purposes , Stella would be considered a minor until she is

eighteen

Cash is an employee of Drowsy Resort , Inc. , covered by federal overtime provisions , which apply only after an employee has worked more than

forty hours in a week .

Kari , a real estate agent , assures Line that a certain parcel of commercial property fronts on the most highly trafficked street in Metro City . Linc buys the property and then discovers that the street has no more traffic than any other in its vicinity . Line is most likely a victim of

fraud

Global Resources Corporation , and its officers , directors , and shareholders , buy and sell securities . Section 10 ( b ) of the Securities Exchange Act of 1934 applies to the purchase or sale of a security

in almost any circumstances .

Dhani , an accountant for Eureka , Inc. , learns of undisclosed company plans to market a new laptop . Dhani buys 1,000 shares of Eureka stock . He reveals the company plans to Fay , who buys 500 shares . Fay tells Geoff , who tells Hu . Both Geoff and Hu buy 100 shares . They know that Fay got her information from Dhani . When Eureka publicly announces its new laptop , Dhani , Fay , Geoff , and Hu sell their stock for a profit .

liable for insider trading .

for small employers . In most Nimble Numbers Accounting Corporation , a private employer , handles bookkeeping circumstances , with exceptions , federal law clearly prohibits Nimble from subjecting its employees to

lie - detector tests .

Della , an officer for Energy Petrol Corporation ( EPC ) , buys 100 shares of EPC stock . One week later , EPC announces that it will merge with a competitor , Fuel Oil Company , and the price of EPC stock increases . One month later , Della sells her shares for a profit . Under Section 16 ( b ) of the Securities Exchange Act of 1934 , Della would not be liable if , after buying the stock , she had waited

more than six months to sell it .

Smelting & Refining Company generates solid waste considered hazardous . The company labels and packages properly all waste to be transported to a disposal site . Under the Resource Conservation and Recovery Act , this is most likely

not a violation .

Jeri and Knute are members of Lighthouse Tours LLC , a limited liability company With respect to Lighthouse Tours's liability , as members , Jeri and Knute are shielded from

personal liability .

" The price is too Fabien offers to sell his Graphic Signs , LLC , business to Hana high . I will buy it for $ 75,000 . " Hana has for $ 100,000 . Hans replies ,

rejected the offer and made a counteroffer .

Ski Resorts , Inc. , wants to add a new run to its facility in a national park on federal land . For this action , an environmental impact statement is

required

Garland induces Jules to enter into a contract for the purchase of a Chef's Burger House restaurant . Garland knowingly restaurant and the business . When Jules discovers the truth , he can misrepresents a number of material features about the

rescind the contract on the basis of fraud .

A franchise agreement between Software Company and Games , Inc. , is silent on a time for termination of the franchise . Software may

terminate on reasonable notice .

Olive Grove Enterprises , Inc. , completes its registration process and issues a free - writing prospectus . This tells prospective investors

that they may obtain the prospectus at the SEC's Web site .

Precious Metals Corporation , a raw materials vendor , sells its commodities in certain quantities to Quarry Refining Company for a certain price but charges Rich Assets , Inc. , a Quarry competitor , a higher price . This is most likely a violation of

the Clayton Act .

Delite Candy Company hires Elton to sell Delite's products in a certain area . Delite agrees to pay Elton a salary , plus commission , for a trial period . They also agree that Elton can sell using any methods and during any hours that seem appropriate . The most important factor in whether Elton is Delite's employee is

the control Delite has over the details of the work .

Raul is chairman of the board of Swif - Vac Corporation . Pinky , a consumer , is injured while using a Swif - Vac product . Pinky sues Swif - Vac , and Raul individually . Swif - Vac may pay Raul's legal fees under

the director's right to indemnification .

Network Industries , Inc. , wants to monitor its employees ' electronic communications . To avoid liability under laws related to employee monitoring , Network should announce the monitoring to

the employees .

Lucy agrees to work for Mung Manufacturing , Ltd , as a Chinese / English / French translator . In determining whether a contract has been formed , an element of prime importance is

the parties ' intent .

Over the course of a year , Discount Market Company sells goods from its inventory and also sells one of its warehouses . In exchange , Discount receives checks , which Discount uses to sepay a loan from Evermore Credit Inc. Article 2 of the UCC governs

the sale of the goods .

County Water & Sewer operates a public every household that supplies with water an annual statement describing water supply system . County Water must send to

the source of the water , and any contaminants and health concerns .

Drainage & Irrigation Equipment , Inc. , contracts to sell its assets to Earth & Sky Aquatic Corporation . Before either party has performed , rescission of this contract requires

• a mutual agreement to rescind .

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race . Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate - treatment discrimination . Sarah must show all of the following except that

• other people of her race hold similar positions with other employers .