Final Exam

Which of the following contracts is void? A contract made by a person who has been adjudicated insane and institutionalized. A contract made by an unemancipated minor. A contract made by a person under the influence of mind-altering drugs. .A contract made by a minor who receives no support from a parent or guardian.

A contract made by a person who has been adjudicated insane and institutionalized.

An ad for Bagels Inc. attracts buyers who would otherwise have made purchases from Croissant Company. To bring a successful claim against Bagels under the federal Lanham Act for false advertising, Croissant must establish that

All of the choices

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that

Chloe is qualified for the job

A company that provides a phone to an employee for business use is not prohibited from intercepting personal communications made on it. t/f

False

A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy. T/F

False

A social media post is not subject to discovery in litigation. T/F

False

Employers are prohibited from taking actions against employees or applicants based on their social network postings. t/f

False

Pratt, an owner of an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor, Stacey. Pratt is considered a merchant under Article 2 of the UCC in selling the books to Stacey. t/f

False

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Ivy, Jerold, and Kim

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

Lomax must be 40 years of age or older

Tracy, aged 12, is named the sole inheritor of her family mansion, which is valued to be worth millions. She has disaffirmed the agreement on the advice of her uncle and guardian Pete. This automatically transfers the title to the latter. Which of the following statements is true of the case?

Tracy cannot disaffirm until she has reached majority

An Internet service provider can disclose personal information about its customers only when ordered to do so by a court. t/f

True

An Internet service provider that terminates subscribers who infringe copyrights can qualify for a "safe harbor" under the Digital Millennium Copyright Act. T/F

True

Consideration can be a(n) ________ in the case of a unilateral contract.

act

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

age

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

back pay, retroactive promotions, and damages

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

bona-fide occupational qualification defense

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination

A person who rescinds a contract is entitled to the return of:

everything that person has given the other party

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur. t/f

false

Article 2 of the UCC never applies to mixed goods-services contracts. t/f

false

Because federal wiretapping law was enacted before social media networks existed, it does not apply to communications through social media. t/f

false

Contracts must always be in writing to be enforceable. t/f

false

Criminal liability for the piracy of copyrighted materials extends only to persons who exchange unauthorized copies for profit. t/f

false

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result. t/f

false

In an agency relationship, one party called the principal agrees to represent or act for another called the agent. t/f

false

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy. t/f

false

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret. t/f

false

Minors have the capacity to enter into contracts. t/f

false

Offers that fail to provide a specific time for acceptance are invalid because they are deemed to be indefinite. t/f

false

Pricing information is not a trade secret. t/f

false

The duties that an agent owes a principal must be set forth in the agency agreement because they do not arise by operation of law. t/f

false

To maintain a claim of trademark dilution, the products involved must be similar. t/f

false

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally. t/f

false

Under the Communications Decency Act, Internet service providers are liable as publishers of defamatory statements that come from a third party. t/f

false

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

he is a member of a protected class

A party to a contract who seeks to rescind the contract because of that party's reliance on the unintentional but materially false statements of the other party will assert:

misrepresentation

Jean agrees to lease Steven the fourth floor of his house. Jean, by himself, resides on the second floor. The person typing the contract strikes the wrong key, and the contract reads the leased portion as the "second floor." Neither Jean nor Steven notices this error when they read and sign the contract. What will the courts do in the case of a dispute?

reform the contract

To determine whether a proposal qualifies as an offer, courts first look at:

the present intent to contract

A business necessity is a defense against employment discrimination based on the genuine requirements of a business. t/f

true

A false statement or unjustified claim about a competitor's products can result in liability for deceptive advertising. t/f

true

A license may limit the use of a software application to a specific device. t/f

true

A promise to refrain from smoking can be legal consideration because refraining from a legal right, the right to smoke, can be consideration. t/f

true

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement. t/f

true

Advertising will be deemed deceptive if it includes a claim that omits a material fact about a product. t/f

true

An advertisement offering a reward for the return of lost property is usually treated as an offer for a unilateral contract. t/f

true

An employer can avoid liability for sexual harassment by taking prompt remedial action. t/f

true

An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue. t/f

true

By using agents, a principal can conduct multiple business operations simultaneously in various locations. t/f

true

Certain business processes are copyrightable. t/f

true

If a term is left open in a sale of goods contract, that open term or "gap" can be filled by inserting a presumption found in the UCC's "gap-filling" rules. t/f

true

If an advertisement is proven to be deceptive, it may be subject to a cease-and-desist order. t/f

true

In entering personal information to a banking site online, a person may have a reasonable expectation of privacy. t/f

true

In return for services Charles performed for Richard in the past, Richard promises to pay Charles $1,000. There is no consideration for Richard's promise. t/f

true

Kevin offered to mow his Uncle Jordan's lawn for $100. To his offer, Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin. t/f

true

Ms. White hired Mr. Blue to steal from Ms. Yellow. Ms. White is upset with how everything turned out and wants to sue Mr. Blue for breach of contract. But the court will refuse to recognize the contract and subsequently a breach of it because the contract is void. t/f

true

Not every promise is legally enforceable t/f

true

Private employers are generally free to hire and fire workers at will, regardless of the employees' performance. t/f

true

State law may protect individuals from having to disclose their social media passwords to potential employers. t/f

true

When a person asserts he lacked capacity as the basis for a claim or defense, it is his responsibility for alleging and proving it. t/f

true