ACCT 315 Exam 4 Previous
Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by
A company supervisor
After agreeing to rent a car from Drive-a-Round Inc., Eden is given the keys to one of the agency's cars by Fess, a Drive-a-Round employee. With respect to the bailed property, this is
A constructive delivery
Star Residences fails to provide the utilities to its tenants' apartments, making their use and enjoyment of the premises exceedingly difficult. This is most likely
A constructive eviction
Allen owns Buffalo Ranch. Allen's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose he sees fit. Allen's ownership interest is
A fee simple absolute
Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine
A fee simple absolute
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 group boycott
Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is
A joint tenancy
Regional Disposal Center operates a recycling plant. Stan and other citizens file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on
A negligence theory
Power Inc. and QualGas Corporation refine and sell natural gas. To limit the supply on the market and thereby raise prices, Power and QualGas agree to buy "excess" supplies from dealers and "dispose" of it. This is
A per se violation of the Sherman Act
Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is
A periodic tenancy
Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This deed is
A quitclaim deed
Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file
A retaliation claim
Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is
A tenancy in common
Colleen owns a house. In the house, on a tile floor is a throw rug and a heavy decorative urn. Most likely to meet the definition of a fixture is
A tile floor
Best View Corporation offers to sell LED screens to Computer & Video, Inc., only if the buyer also agrees to buy the seller's servicing of its products. This is
A tying arrangement
A cruise ship owned by Bay Cruises Inc. discharges some of the oil contained in its hold into Chesapeake Bay and onto the shore. Under the Oil Pollution Act, this is most likely
A violation
Centre City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. The city does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely
A violation
Road Tires Inc. conditions the sale of its products to Service Stores on the buyer's agreement to buy Road's tire-repair kits. Under the Clayton Act, this deal is
A violation, depending on its purpose and the effect of competition
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
The chief executive officers of the major U.S. steel makers would most likely be prosecuted under the antitrust laws if they
Agreed to work together to control the price of domestic steel
Hotel operators can limit their liability for any loss or damage to their guests' personal property
All of the choices
In a bailment, in some circumstances, the dollar amount of liability for any loss or damage to bailed goods can be limited by
All of the choices
An antitrust action is brought against Carrier Freight Company, alleging that a certain act constitutes the offense of attempted monopolization. To qualify, the act must
Be likely to succeed
Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is
Business necessity defense
A court may use the identity of the party who receives a benefit from an ordinary bailment to determine, with respect to the bailed property, the standard of
Care required of the bailee
Noxious Inc. makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can
Conduct an inspection of Noxious plant
After shopping at a Cut-Price store, Dyan finds a fitness watch in her bag of purchases that she knows she did not pay for. If Dyan fails to return the watch to the store or to pay for it, she will have committed
Conversion
Ada owns Blueberry Farm. Ada's only daughter Cherry owns the adjacent Delicious Apple Orchard. Ada makes a gift of the farm to Evert, a short-term employee who Ada does not know well. This gift may lack the required element of
Donative Intent
Rose is the life tenant of five hundred acres of land, on which is situated a previously existing mine. Rose has the right to
Extract minerals from the mine, but not dig a new mine
Title VII of the Civil Rights Act applies to employers and labor unions with at least
Fifteen employees or members
Consumer Staples Inc. includes in its advertising obvious exaggerations, vague generalities, and puffery about its products. The firm may be subject to sanctions for
Guaranteeing that is will regrow hair
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
Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries
If it acted with reckless indifference to an individual's rights
Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by
Italo
On Demi's authorization, Engine Work Inc. repairs her car. She refuses to pay for the job. Engine Work can
Keep the car and place a lien on it until Demi pays
Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of
Merit
Beto wants to lease a duplex for two years from Country Living Inc. In most states, the lease agreement
Must be in writing
Mary goes hunting during elk season. While trespassing on Nate's rural land, she shoots an elk. This elk is the property of
Nate
Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest
Passes to Kristen's heirs as personal property
Dairy Cream Inc. makes and sells ice cream. Dairy Cream wants to merge with EZ Freeze Inc., its main competitor and a maker of ice cream and other frozen desserts. In a challenge to the deal on a charge of monopolization, the relevant product market includes ice cream and
Products that have identical attributes, such as frozen yogurt
Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is
Qualified for the position
Consumer Finance Corporation (CFC) extends credit to consumers. CFC applies several criteria to decide customers' "suitability" for credit. Under the Equal Credit Opportunity Act, CFC cannot base its decision on a customer's
Race
Hi-Yield, Inc. makes an herbicide with a risk to people of developing cancer from exposure. This substance must be
Registered before it is sold
Kay and Lease-Away Inc. enter into a bailment involving the delivery of a moving van to Kay for her use. Unless stated otherwise, the agreement assumes that Kay will
Return the van
Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely
Returns to Taylor
With respect to property, the law defines the right to
Sell of dispose of it, and prevent trespass onto it
EZ Workout Inc. advertises Fit Step, an exercise machine, online. In its ads, EZ claims that the use of Fit Step measurably enhances the attainability of fitness and weight loss goals, and will contribute significantly to the length of its users' lives. In this context, the company's ads and claims must be
Substainted
Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult
The applicable city ordinances an state statues
Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult
The applicable city ordinances and state statutes
Nancy owns Office Tower, which is situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to
The center of the Earth and up to the sky
Nancy owns Office Tower, which is situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to
The center of the earth and up to the sky
Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is
The flights are low and frequent, interfering with enjoyment of his land
Corner Market sells groceries. Deli & Drug Store sells groceries and fills prescriptions. The party with the chief responsibility to prevent unsafe food and drugs from being sold is
The food and drug association
Four grocery stores account for 80 percent of the retail food sales in Metro City. Two of the stores want to merge. In determining whether the merger violates the Clayton Act, the most crucial factor is
The market shares of the firms in their market
Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land. This is
The power of eminent domain
Battery Corporation's production, distribution, and marketing methods are unique. Its capital value and size are greater than its competitors. A suit is filed against the firm, alleging the offense of monopolization. To determine whether Battery has monopoly power requires looking at
The relevant market
Retail Properties, Inc., wants to build a parking ramp to connect to its Shoppers Mall, both of which are on private land. For this action, an environmental impact statement is
Unnecessary
To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she
Was not hired solely because of a disability
When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider
Whether the agreement is a per se violation
