LGS CH9 & CH18

Julio offers to sell Christine a certain piece of land. which of the following replies would constitute an acceptance?

"i accept. please send a written contract"

informal contract

(simple contracts) include all other contracts

Greg and Nora work for SeeCo . Greg gets paid more because "he has a family to support". this prohibits

Equal Pay Act of 1963

Jill offers to sell Ken a laptop. Kens acceptance is sent via mail. this acceptance is effective when:

Ken sends it

Cindy makes an offer to Neal in a fax. Neal indicates his acceptance in a return fax. Neal's acceptance is effective when:

Neal sends the fax

Digital Software inc. prefers to hire asian americans than other minorities. showing preference for a minority is prohibited by

Title VII of the Civil Rights Act of 1964

protected class

a class or person defined by gender, age,race, or disability

contract

agreement that can be enforced in court

Tina believes that she has been discriminated against her job because she is a woman. she attempts to resolve the dispute with her employer who decides her claim has no basis. Tinas next option is to

ask the Equal Opportunity Employment Commission whether a claim is justified

promise

assertion that something will or will not happen in the future

estop

bar, impede or preclude someone from doing something

executed contract

been fully performed on both sides

Lee offers to sell his car to Mary, stating that the offer will stay open for 30 days. Lee may reville the offer

before Mary accepts the offer

compliance with the civil rights laws is monitored by the Equal Employment Opportunity Commission which____ sue organizations that violate these laws. a victim files a claim with the EEOC while investigates and________. if the EEOC does not sue , the victim may sue. on proof of discrimination a victim may be rewarded_____

can; may sue if settlement between parties is not reached; reinstated,back pay and retroactive promotions

exculpatory clause

clauses that release a party from liability in the event of monetary or psychical injury NO MATTER WHO IS AT FAULT

under the age discrimination in employment act of 1967. Alpha Corporation is prohibited from

commiting unintentional age discrimintaion

executory contract

contract that has not been fully performed on either side

adhesion contract

contract written exclusively by one party and presented to the other on a take-it-or-leave it basis

consideration

defined as the value given in return for a promise or in return for a performance

promissory estoppel

detrimental reliance on a promise cannot be revoked

bona fide occupational qualifications

discrimination against a protected class is essential to a job

digit computers places an ad announcing a sale at a public auction. auctioneer asks "what am i bid for this item", which of the following is true?

each bid is an offer that may be accepted or rejected

constructive discharge

employer causes the employees working conditions to be so intolerable that a reasonable person would feel compelled to quit

business necessity

employer may defend against a claim of disparate-impact discrimination by asserting that a practice that has discriminatory effect`

prima facie case

establishment of a legally required rebuttable presumption

anyone who is aware of an offer can accept it and create a binding contract

false

if the equal opportunity commission decides not to investigate a claim, the victim has no other option

false

in a sexual harassment case an employer cannot be held liable if an employee did the harassing

false

in a sexual harassment case and employer cannot be held liable if a non-employer did the harassing

false

it is not possible for an offeree to accept an offer in silence

false

there are no irrevocable offers

false

under the mirror image rule an offerees acceptance does not need to adhere exactly to the terms of the offerors offer to create a contract

false

a contract does not need to contain reasonably definite terms to be enforced

false- One of the elements of a valid off is that the terms be definite enough to enforced by a court.

all employers are subject to Title VII of the civil rights act of 1964 regardless of the number of their employees

flase

valid contract

has 4 elements necessary to entire at least one of the parties to enforce it in court 1. an agreement 2. supported by legally sufficient consideration 3. made by parties who have the legal capacity to enter into the contract 4 made for legal purpose

Us Tech INc. fires Mike. he believes that he discriminated against because of his age. to bring a suit based on age discrimination, Mike must show

he is forty or older and qualified for the job was discharged in circumstances that imply discrimination

Ed sends to Sounds Inc. a written order for a sounds system to be specially manufactured, if SI does not respond, it can be considered to have accepted the offer

if Ed knows that SI accepts all offers unless it sends notice to the contrary.

implied-in-fact contract

implied from the conduct of the parties

covenant not to complete

imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved.

disparate-treatment discrimination

intentional discrimination by an employer against an emplyee

before opening her new medicine store, Kay places an ad in the paper showing shoes at certain prices. within hours of opening for business the store sells out of all the shoes, in this situation:

kay has made an invitation seeking offers

Eagle Sales inc, requires that all its secretaries be able to type. Alice cannot type but applies but says she willing to learn. when Eagle does not hire her, she sues, she will

lose, because eagle has valid business necessity defense

promisor

making the promise

void contract

no contract at all

employment discrimination

no discrimination of any employees

Bilateral contract

offeree can accept the offer simply by promising to perform (promise for a promise)

unilateral contract

offeree can only accept by completing the contract performance (promise of an act)

counteroffer

offeree rejects the original offer and makes a new offer

revocation

offerors act of withdrawing an offer

unenforcable contract

one that cannot be enforced because of legal defenses against it

objective theory of contracts

parties intentions to enter into a contract is judged by outward, objective facts as interpreted by a reasonable person

agreement

parties must agree on the terms of the contract

offeror

party making the offer

National Mining Co. requires job applicants to pass certain physical tests. only a few women who apply work for National can pass the test, if they pass they are hired. Nationals best defense in a suit charging that the tests discriminate against women would be

passing the tests is a business necessity

affirmative action

programs to "make up" for past discrimination by giving members preferential treatment in hiring or promotions

offer

promise or commitment to do or refrain from doing some specified act in the future

disparate-impact discrimintation

protected group of people is adversely affected by an employers practices, tests or practices

jay offers to buy from Kate a used computer, with a monitor and printer, for 400. Kate says "yes but $200 more for the monitor and printer", Kate has:

rejected the offer and made a counteroffer

formal contract

require a special form or method of creation to be enforceable

mirror image rule

requires the offerees acceptance to match the offerors offer exactly- to mirror the offer

Owen mails to Pat an offer to sell his computer, stating that pat has 10 days to accept by e-mail. the next day, Pat emails note of acceptance, it is effective when:

sent

the elements nessesary for an effective offer are_____ intent by the ______ to be bound by the offer; _____ contractual terms;and communication of the offer to the _____.

serious; offeror; reasonable definite; offeree

tangible employment action

significant change in employment status (failing to promote or fire employees)

Bill makes an offer to Ann. if bill dies before Ann can reply, the offer:

terminates immediately

sexual harassment

the making of unwanted sexual advances or obscene remarks.

offeree

the party who the offer is made

promisee

the promise is made

express contract

the terms of agreement are full and explicitly stated in words, oral or written.

mailbox rule

the time the offeree sends or delivers the communication via mode expressly or implied authorized by the offeror

Omega inc, promotes employees on the basis of color. employees with darker skin color are passed over in favor of those with lighter skin, regardless of the race. this prohibits

title VII of the Civil Rights Act of 1964

Title VII prohibits employers and unions from discriminating against persons because of their religion

true

acceptance is effective when sent if the oferee uses a mode of communication authorized by the offeror

true

acceptance is timely if it is made before an offer terminates

true

an agreement is normally evidenced by an offer and an acceptance

true

discrimination complaints under federal law must be filed with the equal opportunity employment commission

true

disparate-treatment discrimination occurs when an employer intentionally discriminates against an employee

true

employment discrimination against persons with a psychical or mental impairment that substantially limits their everyday activities is prohibited

true

once an affirmative action program has succeeded, it must be changed or dropped

true

rejection of an offer by the offeree will terminate it

true

the seriousness of an offeror intent is determined by what reasonable offerer would conclude the offerers words and actions meant

true

women affected by pregnancy must be treated for all job-related purposes the same as persons not so affected but similiar in ability to work

true

unconscionable

unscrupulous or grossly unfair to be "void of conscience'

voidable contract

valid contract but one that can be avoided at the option of one or both of the parties

acceptance

voluntary act by the offeree that shows agreement to the terms of the offer

Dan and Mary work for Beta Software Inc. Dan is Mary's supervisor. during a review of her work, Dan makes a comment and touchers her in a way that she perceives as sexual offensive. she says nothing to the company but suffers anxiety, quits a year later and sues Beta. Mary will

win, because Beta faked to take corrective actions

Jan who is hearing impaired, applies for a position with Delta Company. jan is qualified but is refused the job she is told " we cant afford to accommodate you with an interpreter" if Jan sues Delta she will

win, if an interpreter would be a "reasonable accommodation"

seniority system

workers with more years of service are promoted first or laid off last