LEGAL FINAL

Bill and Charlene enter into a contract for the clearing, plowing, and preparing of Charlene's 100-acre tract for which she agrees to pay $1,000. Bill transfers his duty under this contract to Dewey. With respect to the duties under the original contract, this transfer a. does not relieve Bill of the potential obligation to perform. b. requires a special form to constitute a valid transfer. c. extinguishes Bill's obligation to perform. d. is an invalid transfer of a non-transferable obligation.

a. does not relieve Bill of the potential obligation to perform.

Bon, an agent for City Motors Inc., e-mails Dale on May 1 that the dealer will sell her a 2018 Ford pick-up truck for $25,000 between May 1 and July 1. Bon's offer to Dale is a. irrevocable for the stated period. b. revocable on the payment of consideration to Dale. c. revocable at any time. d. irrevocable until Dale responds.

a. irrevocable for the stated period.

Luan, a programmer for Monetized Nation Inc., a business modeling service, learns of undisclosed company plans to distribute a new app. Luan reveals the company plans to a friend, Ono, who buys 5,000 shares of the firm's stock. Under the Securities Exchange Act of 1934, Ono is most likely a. liable for insider trading. b. not liable because Ono did not solicit information from Luan. c. not liable because Ono did not prevent others from profiting. d. not liable because Ono does not work for the firm.

a. liable for insider trading.

Jill enters into a contract to buy a certain office building from Kim. At the closing, Kim refuses to transfer title. In a suit for breach, Jill should seek specific performance to a. obtain the exact bargain promised in the contract. b. make the terms reasonable and enforce the contract as reformed. c. reform the contract to reflect the parties' true intentions. d. return the parties to the positions they occupied before the contract.

a. obtain the exact bargain promised in the contract.

Bread Company hires Craig to sell the company's products in a certain area. Bread agrees to pay Craig a salary, plus commission, for a trial period. They also agree that he can sell using any methods and during any hours that seem appropriate. The key factor in whether Craig is Bread's employee is a. the degree of the employer's control over the details of the work. b. the amount of the salary. c. the size of the sales area. d. the length of the trial period.

a. the degree of the employer's control over the details of the work.

Builders Inc. and Concrete Supply Company enter into a contract for a sale of cement. Concrete delivers, but Builders does not pay. Concrete can recover as damages a. the purchase price plus incidental damages. b. the market price at the place at which Concrete delivered the goods. c. whatever amount Concrete wishes to claim. d. any profit lost minus any loss avoided.

a. the purchase price plus incidental damages.

Bern, a salesperson at a Carpet & Tile store, tells Dan, a customer, "Buy your flooring here, and I'll install it for less than the store would charge." Dan buys carpeting, which Bern installs for half the store's price. Bern keeps the money. With respect to the store, Bern has breached a. no duty. b. the duty of loyalty. c. the duty of obedience. d. the duty of performance.

b. the duty of loyalty.

On July 10, Bob's Pet Supply Store orders fifty small dog collars from Canine Collars, Inc. to be delivered by July 15. On July 13, Canine Collars tenders fifty large dog collars. Bob's rejects the shipment. Canine Collars has a. unlimited time to cure. b. until July 15 to cure. c. until the end of the business day on July 13 to cure. d. no right to cure.

b. until July 15 to cure.

Name the newest member of the US Supreme Court (recently approved by the Senate).

Ketanji Brown Jackson

Name the capital of Ukraine.

Kyiv

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is a. a constructive discharge. b. a bona fide occupational qualification. c. a voluntary quit. d. none of the choices.

a. a constructive discharge.

Quinn signs a check "pay to the order of Ronda" drawn on Quinn's account in Suburban Bank. Quinn has $400 in his account but the amount of the check is $500, which the bank pays. This is a. an overdraft. b. a certified check. c. a stale check. d. a dishonored check.

a. an overdraft.

Gary drives a truck as an employee for Hauling Inc. Gary would most likely be considered acting outside the scope of her employment if he a. crashed into a car at the airport while off duty. b. hit a pedestrian in a parking lot during a "working" lunch. c. ran over an attendant at a gas station while refueling the truck. d. smashed into a store-front while intoxicated on-duty.

a. crashed into a car at the airport while off duty.

Health Food Inc. coordinates the purchase, sale, and delivery of organic products. The stated corporate purpose is to make a profit and to have a material positive impact on society and the environment. Health Food is a. not a corporation. b. a benefit corporation. c. a nonprofit corporation. d. a private corporation.

b. a benefit corporation.

Components Inc., a maker of vehicle parts, refuses to sell to DIY Repair Inc., a national vehicle service firm. The maker convinces Engine Parts Company, a competitor, to do the same. This is a. a tying arrangement. b. a group boycott. c. a trade association. d. a market division.

b. a group boycott.

Bok buys an espresso machine from Coffee Gadgets, which bills him for $100. He writes out a check drawn on Dios Bank, but later, believing that the machine is defective, issues a stop-payment order. Dios a. need not follow Bok's order unless the check was certified. b. must stop payment if the bank has a reasonable time to act. c .is liable to Coffee Gadgets for the amount of the check. d. need not follow Bok's order because it was issued after the check.

b. must stop payment if the bank has a reasonable time to act.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must a. do nothing. b. restore him to his same position or a comparable position. c. promote him to the status of a key employee. d. reimburse him for his expenses while on leave.

b. restore him to his same position or a comparable position.

Compliance with Title VII of the Civil Rights Act is monitored by a. businesses affected by interstate commerce. b. the Equal Employment Opportunity Commission. c. state and local governing agencies. d. protected classes.

b. the Equal Employment Opportunity Commission.

Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on a. Nathalie's handling of one of each stipulated transaction. b. any transaction causing a loss to Miklos. c. Miklos's death or incapacity. d. Miklos's sixty-fifth birthday.

c. Miklos's death or incapacity.

Ray signs a check "pay to the order of Stella" drawn on Ray's account in Town Bank. He later orders the bank not to pay the check, but the bank pays it over his order. Subsequent checks written on the account "bounce." Most likely liable for the costs to Ray is a. Stella. b. Ray. c. Town Bank. d. any party to whom a subsequent check was written.

c. Town Bank

Dig Inc. is the major wholesale distributor of heavy equipment in six states. Dig's closest competitor is Excavator Company. The two firms agree that Dig will operate in four of the states and Excavator in the other two. This is a. a trade association. b. a price-fixing agreement. c. a market division. d. a group boycott.

c. a market division.

Ray is a delivery driver for Sicilian Pasta Company. Ray does exactly what the company tells him. Ray is a. a principal. b. an employer. c. an employee. d. an independent contractor.

c. an employee.

Shane issues a check drawn on Thrifty Bank to Farm Supply Store to pay for a rototiller. Later, Shane discovers a defect in the device and orders Thrifty to stop payment on the check. Shane does not renew the order, and the bank clears the check eight months later. The bank a. must obtain funds from Farm Supply to cover the check. b. must recredit Shane's account. c. need not recredit Shane's account. d. must substitute acceptable goods.

c. need not recredit Shane's account.

If a voluntary petition in bankruptcy is found to be proper, the court's entry of an order for relief a. dismisses the petition. b. discharges the debtor's obligations. c. puts into place an automatic stay. d. distributes the debtor's assets to his or her creditors.

c. puts into place an automatic stay.

Under any chapter of the Bankruptcy Code, failing to file the necessary documents with the debtor's petition for relief can result in a. the discharge of the debtor's obligations. b the distribution of the debtor's assets to his or her creditors. c. the dismissal of the petition. d. an automatic stay.

c. the dismissal of the petition.

Miko owns a lake house that she rents to vacationers. Miko gives her son Ninh a trip to Omaha on his graduation from community college. Miko sells her car to her neighbor Pye for $4,500. UCC Article 2 covers a. the gift to Ninh. b. none of the choices. c. the sale to Pye. d. the lake house rentals.

c. the sale to Pye.

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants a. only if the employer files a special form. b. if either the employer or the immigrants file special forms. c. under no circumstances. d. only if the immigrants file special forms.

c. under no circumstances.

Corky pays Debit Bank $500 plus a service fee to draw a check on itself payable to Electric Company. The party responsible for paying the check is a. Corky and Debit Bank. b. Corky, Debit Bank, and Electric Company. c. Corky only. d. Debit Bank only.

d. Debit Bank only.

Rancho West owes Silo & Barn Inc. $5,000 on their contract, but refuses to pay. To collect, Silo files a mechanic's lien, under which security for the debt is represented by a. the $5,000 owed on the contract. b. property held by a third party. c. Rancho's personal property. d. Rancho's real estate.

d. Rancho's real estate.

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 the hosts of banquets and other events. In this capacity, Rosario is a. an agent. b. a principal. c. an employee. d. an independent contractor.

d. an independent contractor.

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment a. may terminate it. b. must add the baby to it. c. may suspend it. d. must continue it.

d. must continue it.

Cruisin' Autos, Inc., sells cars to consumers. To avoid liability for oral express warranties, each sales agreement should note that a car is sold a. as is. b. in perfect condition. c. with no known defects. d. subject to warranties included in the written contract only.

d. subject to warranties included in the written contract only.