BL Final 51-75

A plaintiff is a person against whom a lawsuit is brought.

False

A tenant is not responsible for any damage to leased premises

False

An employer is not liable for a Title VII violation by a non-employee.

False

In a limited partnership, the liability of a general partner is limited to the amount of capital he or she has invested in the partnership.

False

In the textbook Case: Heart of Atlanta Motel v. United States, the United States Supreme Court held that the power of Congress to regulate interstate commerce did not permit the enactment of legislation that could halt local discriminatory practices.

False

The Uniform Commercial Code has not been adopted by any state.

False

Pat, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is

A) an express warranty.

Cleo sells kitchen appliances, and occasionally cleaning supplies, to persons who come into her store, Discount Appliances. One afternoon, Cleo sells a used display shelf to Earl. Under the UCC, Cleo is a merchant of

A) cleaning supplies and kitchen appliances only.

Ann promises to buy a house from Ben, who promises to vacate the property on July 1. If these promises are in writing, they are most likely

A) enforceable

Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

A) even if Beth was only slightly at fault.

Challenge Questions 87-100 Johnson Construction became aware of a bid being entertained by the local school board for a new elementary school being built in the district. Excited about the opportunity Mr. Johnson, the CEO of Johnson Construction LLC, quickly estimated the cost of a general bid and sent out requests for subagent bids. He began to receive sub-bid estimates from independent several contractors (subagents) to help him complete the project. The lowest sub-bid he received came from Hearn's Inc. for $160,000. This bid was $40,000 less than the next lowest sub-bid. Mr. Johnson submitted its final general bid to the school board using the Hearns Inc.'s bid. Mr. Johnson's general bid was $30,000 lower than the school board had originally anticipated. Happily, the school board accepted Mr. Johnson's bid. Mr. Johnson's received the news that the school board had accepted this bid. Shortly thereafter, Mr. Johnson received a call from the owner of Hearn's Inc. informing him that there had been a mistake in computing the Hearn Inc. sub-bid and the correct bid should have been $250,000. Mr. Johnson had been unaware of this mistake when he submitted his bid to the school district. In a suit for rescission of its contract with Johnson Construction, Hearns Inc. should:

B) Not succeed, unless Mr. Johnson actually knew or should have known of the mistake involved.

Ben wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of

C) larceny.

Star Auto Company mails to Tristate Racing, Inc., an offer to sell a certain car. Before Tristate responds, Star tells the firm that the offer is revoked. Star is

C) not liable, because Star revoked the offer before Tristate accepted it.

Regional Investment Corporation (RIC) hires Sam, a real estate agent, to locate investment properties for RIC. Sam learns of a warehouse available for $100,000, buys it himself, and offers it to RIC for $200,000. Sam has breached

C) the duty of loyalty.

If Mr. Baron, the owner of Food World, sues Grace for the cost of the groceries and loses, it will be because:

D) None of the above.

Ilsa hires Jay to act as her agent in the purchase of Kappa Company. Ilsa tells Jay to reveal only that he is buying the firm on behalf of a third party, without telling Kappa's seller who that third party is. Ilsa is

D) a partially disclosed principal.

Dave pushes Ella to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

D) robbery.

Mona is an agent for Nationwide Restaurant Corporation (NRC). In acting as an agent, Mona follows all of NRC's clearly stated instructions. This responsibility arises under

D) the duty of obedience.

D-Struct Company is a demolition firm. During a D-Struct operation, Earl. a passerby, is injured. Under the theory of strict liability, D-Struct is liable

D) whether or not its crew was at fault.

Retail Sales Company and Standard Purchasing Corporation enter into a contract for a sale of goods. To be enforceable, the contract should be in writing if the goods are valued at more than

D.$500

A fanciful use of ordinary words may be trademarked.

True

An employee has the right to complain about work conditions.

True

Shareholders can be personally liable for corporate debts if a court "pierces the corporate veil."

True

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

True

True = Yes False = No Mary grabs a plate from Dom her waiter and the plate cuts his hand. Is she liable for battery even though she did not touch Dom physcially?

True