Business Law 335 - Section 2 - True and False, Business Law 335 - Section 3 - True and False, Business Law 335 - Section 1 - True and False
A bill of sale must be prepared on a specific legal form.
False
A company may terminate an employee because the employee has joined a labor union.
False
A competent party may delegate his or her service on a jury to another by appointing an agent.
False
A contract for labor and materials must always be in writing, regardless of the amount of money involved.
False
A contract is always legal and enforceable as long as the parties are competent and they have a mutual understanding.
False
A contract made by a person while intoxicated must be ratified in writing within 30 days.
False
A contract must be completely performed in all its details in order to be considered terminated.
False
A contract with a minor can be ratified by either party.
False
A disadvantage to alternative dispute resolution is that it is far more time-consuming than litigation.
False
A limited partner is allowed to participate in the overall management of the business, and at the same time maintain limited liability.
False
A minor's disaffirmance must be in writing to be effective.
False
A novation is a special kind of assignment where none of the parties to the contract are required to agree to its terms.
False
A party to a contract is released from his or her obligations if a law is passed that increases the cost of performing the contract.
False
A specific oral promise made by a seller is an implied warranty.
False
A straight bill of lading is an instrument used to collect money owed.
False
A tender of performance does not relieve a contracting party of his or her obligation to perform.
False
A third party who benefits incidentally from a contract has a right to the benefits if they exceed $500.
False
A warranty of habitability is the tenant's promise that he or she will inhabit the property according to the terms of the lease
False
Administrative agencies enforce only laws enacted by legislatures.
False
Agreements in restraint of trade can be prosecuted only under federal law.
False
Agreements that restrain marriage are valid if both parties agree to all provisions.
False
All agreements between two competent parties are contracts.
False
All bankruptcy filings are involuntary.
False
All states prohibit all forms of gambling.
False
An agreement based on an illusory promise is enforceable if the purpose of the agreement is legal.
False
An agreement that cannot be completed within six months must be in writing.
False
An alteration that a buyer makes in a product is known as a product flaw.
False
An electronic signature will not satisfy the Statute of Frauds.
False
An employee who performs only mechanical acts under the employer's direction and is subject to the employer's control is legally an agent.
False
An offer to pay for a benefit after it has been received is enforceable.
False
Any warranty can be canceled if the seller claims that it is causing him or her to lose money.
False
Applying the provisions of Superfund has been an easy process, and it has had uniform success.
False
Arbitration clauses in employment contracts are never enforceable.
False
Both breach of warranty and product liability lawsuits are based on tort law rather than contract law.
False
Chapter 9 bankruptcy is sometimes referred to as straight or liquidation bankruptcy.
False
Contracts made while a person is intoxicated are voidable by either party.
False
Contracts that specifically prohibit assignment in their wording can still be assigned if the assignee is known to be a reputable person.
False
Corporations may freely give both charitable contributions and political contributions.
False
Discrimination in employment is covered in Title III of the Civil Rights Act of 1964.
False
Employees who are victims of illegal discrimination may recover for lost earnings but not for emotional distress
False
Environmental regulation is not yet a distinct area of the law.
False
Except for promissory notes, the injured party in a contract may bring suit whenever he or she receives notice that the other party intends to breach the contract.
False
Excess noise (as measured in decibels) cannot affect human health and well-being.
False
Federal law requires that employers establish employee assistance programs.
False
Fixtures are additions to personal property
False
If a court has the power to review the decisions of another court, it has original jurisdiction.
False
If a person knowingly makes a false statement of a material fact in a contract with the intent that the other party rely on it, the person making such false statement can be charged with puffing.
False
Implied contracts are those dealing only with personal transactions.
False
In a Chapter 11 bankruptcy, all daily business decisions must be made and implemented by the bankruptcy court.
False
In a partnership, it is necessary that profits and losses be shared in the same percentages.
False
In a partnership, the expulsion of one of the partners must always be for cause.
False
In all states, the crime of bribery is limited to giving or taking money or property to influence a public official.
False
In an agency exists "at will" the principal has the right to revoke the agency agreement and discharge the agent provided such discharge is for a good reason
False
In most cases, duties required in an employment contract are not delegable.
False
In most cases, the individual voter has direct control over administrative agencies.
False
In order to violate the Computer Fraud and Abuse Act, an individual must act with intent.
False
In our country, the principles and ideals guarding our individual liberty and freedom are presented in the common law.
False
Independent contractors are under the direct control of the person who engages them.
False
Individuals making statements in chat rooms have an absolute right to privacy.
False
It is always illegal for an executive of a firm to buy or sell the stock of the firm.
False
It is perfectly safe to purchase prescription drugs over the Internet.
False
Juvenile courts, the U.S. Tax Court, and domestic relations courts are known as courts of original jurisdiction.
False
Mediation is a form of alternative dispute resolution in which a neutral party decides a case as if he or she were a judge and jury.
False
No contract is enforceable without consideration.
False
Normally appeals from federal district courts are initially heard by state supreme courts.
False
OSHA can impose a fine for a health or safety violation, but it does not have the authority to close a business.
False
Offshore gambling refers to foreign citizens placing bets in casinos located within the United States.
False
Once a person delegates a contractual duty, he or she no longer has responsibility under the contract.
False
Only manufacturers can be held liable in product liability lawsuits.
False
Oral or written evidence cannot legally be introduced to explain unclear portions of a contract.
False
Personal property is land and anything attached to it.
False
Persons familiar with good accounting practices recognize that assets should never exceed liabilities
False
Persons who are living with AIDS are not protected by the provisions of the Americans with Disabilities Act.
False
Pledges and subscriptions are never legally enforceable because they lack the element of consideration.
False
Promises and statements issued after the sale have no effect on the warranty of a product.
False
Ratification of a minor's contracts must be in writing to be effective.
False
Requests for proposals and announcements asking for bids or estimates are usually considered legally binding offers.
False
Sales talk, or puffing, is considered a warranty.
False
Services of artists, musicians, photographers, and athletes can be delegated.
False
Shoplifting is the term that describes the theft of money by employees, such as accountants or cashiers, who steal money from retail stores.
False
Simply visiting a website can sometimes indicate an acceptance by the user of the terms contained on the site.
False
Special courts set up to handle small or minor cases, often with a limit on the amount of the claim, are known as circuit courts.
False
The 'reasonable person' doctrine is concerned with the appeal to a jury to assume how a person would behave under the best conditions.
False
The Anti-Cybersquatting Consumer Protection Act of 1999 makes cybersquatting illegal even if the cybersquatter acts in good faith
False
The Clean Air Act of 1963 deals only with pollution within the boundaries of each state.
False
The Electronic Signatures in Global and National Commerce Act pertains only to cases in which the offeror and the offeree are from different countries.
False
The Federal Trade Commission does not have jurisdiction over advertisements that appear on web pages.
False
The National Highway Traffic Safety Administration has the responsibility of controlling automobile emissions.
False
The Securities and Exchange Commission requires that prospective investors review all of a firm's financial information prior to purchasing any stock in the company.
False
The Statute of Frauds applies only to contracts that have yet to be performed.
False
The United States lacks the abundance of natural resources that many other countries have.
False
The buyer of goods that have been shipped FOB destination must bear the loss if the goods are lost or damaged in transit.
False
The courts often reverse the decisions of administrative agencies.
False
The crime of perjury is limited to the false swearing under oath before a judge in a federal court.
False
The difference between extortion and bribery is that, in extortion, both parties are willing participants in the crime.
False
The government will always prosecute companies that wield monopoly power because competition is always deemed in the public's best interest.
False
The great majority of small business in the U.S. are organized as limited liability companies.
False
The heads of administrative agencies at all levels of government are appointed only by the executive branch.
False
The hearings conducted by administrative agencies customarily include trial by jury.
False
The implied warranty of merchantability means that all merchants warrant their goods to be of the highest quality.
False
The kind of law that results when a court disregards an existing statute, an accepted precedent, or a principle of common law, or interprets them differently, with the result that a new precedent is established, is known as precedent law.
False
The law mandates that all Internet service providers require subscribers to use their true names when entering cyberspace.
False
The law regards actions of minors that result in emancipation as abandonment.
False
The mailbox rule states that an acceptance sent via the postal system or by courier is effective when received by the offeror.
False
The parol evidence rule affects the enforceability of contracts that include oral or written changes in the terms of an existing contract.
False
The parol evidence rule allows a court to consider oral statements of warranties even if these are inconsistent with the written express warranties.
False
The person who holds a life estate in real property can sell absolute ownership or pass it on to his or her heirs
False
The protected class created pursuant to the Age Discrimination in Employment Act is persons over the age of 50.
False
The purpose of criminal law is to compensate injured parties for their losses.
False
The requirement of writing does not apply in auction sales.
False
The shareholders who own the corporation directly manage the activities of the firm.
False
The sole purpose of administrative agencies is to regulate business firms.
False
The tenant's rights in rented property are superior to those of the landlord
False
The tort of libel is concerned with injury to a person's reputation caused by false statements that are used in testimony in court.
False
There are currently no laws prohibiting the use of cookies in the case of adult computer users.
False
There are numerous state, but no federal, regulations covering the misuse of computers and data.
False
There is little similarity between government and the operation of administrative agencies.
False
There is no distinction between lost and mislaid personal property
False
There is no recourse from the decisions made at an administrative agency hearing.
False
Title to fungible goods passes when they are delivered.
False
Title to goods can never pass to another without the consent of the owner.
False
Title to goods shipped FOB shipping point remains with the seller until delivery is made to the buyer.
False
To be legally enforceable, contracts must be in writing.
False
Under federal law, during contract negotiations, employers are required to bargain in good faith, while unions are not.
False
Upon reaching legal age, a minor must ratify earlier completed contracts in writing.
False
When employees with access to a firm's money, such as accountants, cashiers, and bank tellers, wrongfully divert funds to themselves or to others, they are usually charged with burglary.
False
When goods are sold on approval, the buyer has title during the trial period.
False
When one party to a contract receives notice of the other party's intent to breach, he or she may continue with the performance of work or service covered by the contract, complete such work or service, and then sue for the entire amount of damages.
False
When the UCC was written, it was intended that the unconscionable clause would apply only to contracts for services.
False
When threats are used to force someone to enter into a contract, the agreement may be dissolved by either party.
False
While there are express warranties that relate to quality, there are no implied warranties to such.
False
Workers' compensation laws are designed to ensure that all employees are paid fairly.
False
Written contracts must be handwritten to be legally enforceable.
False
valid contract must be typed, printed, or written in pen.
False
"Property" refers to both personal and real property
True
. For a contract to be dissolved because of a mistake, the law usually requires that the mistake be mutual.
True
. Intentional concealment of material facts is just as fraudulent as making false statements.
True
A bankruptcy court may disallow a petition for a Chapter 7 bankruptcy if the individual does not meet the standards of the means test.
True
A buyer whose goods are not delivered within a reasonable time has the right to "cover" - that is, to purchase substitute goods from another seller.
True
A common carrier is a firm in the business of transporting goods or person-by rail, truck, plane or any other mode of transportation.
True
A consumer can terminate a contract made in the home with a door-to-door salesperson within three days.
True
A consumer has three days to cancel a contract in which his or her home has been pledged as security.
True
A contract can be terminated in accordance with provisions in the contract itself.
True
A contract considered shockingly unjust or unfair is an unconscionable contract.
True
A contract for sale differs from a contract to sell primarily in the point at which title passes.
True
A contract for special manufacture, construction, or design of goods is considered a contract for labor and materials.
True
A contract for the sale of various, unrelated articles is considered a divisible contract.
True
A contract in which consideration is based on a promise that is impossible to fulfill cannot be enforced.
True
A contract is breached if one party deliberately or negligently stands in the way of satisfactory performance.
True
A contract is considered executed as soon as all parties have performed all parts of it.
True
A contract of adhesion is characterized by unequal bargaining power of the parties.
True
A contract ratification must apply to the entire contract.
True
A contract resulting from the use of undue influence is voidable at the option of the party wrongfully influenced.
True
A corporation usually has bylaws, which provide rules for the meetings of the corporation.
True
A court order directing a person to refrain from performing a particular act is an injunction.
True
A court that has original jurisdiction in cases involving federal statutes, and in cases when the parties are citizens of different states, is known as a federal district court.
True
A current or former employee may sue his or her employer for defamation if the employer provides information to a third party that is untrue, irrespective of whether it relates to the employee's job performance.
True
A deceptive advertisement is one that contains a material misrepresentation, omission, or practice likely to mislead a consumer who acts reasonably under the circumstances.
True
A deliberate material alteration of a contract that affects the rights or obligations of the parties is cause for termination of the contract.
True
A design defect is a hazardous condition that exists throughout an entire product line.
True
A direct, unqualified rejection terminates an offer.
True
A disadvantage of a sole proprietorship is the difficulty the owner faces in raising money to finance the operations of the business.
True
A disclaimer of a warranty of fitness for a particular purpose is effective if it includes expressions such as "as is" or "with all faults"
True
A easement is the right or interest in land granted for the benefit of one party to make beneficial use of the land of another
True
A finder of personality property has a responsibility to try to return the property to the rightful owner.
True
A general agent is a person authorized to assume complete charge of his or her principal's business.
True
A general release allows for the discharge of a debt because it is viewed as forbearance, a form of consideration.
True
A grantor of life estate in real property maintains a reversion estate
True
A handwritten bill of sale may be an effective legal document.
True
A minor is considered emancipated, and hence responsible for his or her contracts, upon marriage.
True
A minor is responsible for his or her torts and crimes.
True
A newspaper advertisement of goods for sale is usually considered an invitation to trade.
True
A newspaper that prints a story about a public figure, with knowledge that the story is untrue, could be held liable for defamation.
True
A person who defames another individual by exhibiting an insulting drawing in a public place could be charged with libel.
True
A person who finds an article has good title against anyone else except the true owner.
True
A person who is of legal age and at least normal mentality is considered a competent party.
True
A person who profits from the sale of stock as a result of using nonpublic information can be charged with violations of federal law.
True
A person's legal birthday is the same as the day on which his or her birthday is celebrated.
True
A principal is liable for an agent's torts and crimes if they were committed in the ordinary course of the agent's performance of authorized duties
True
A promise of inaction, or forbearance, can be valid consideration.
True
A public nuisance is created when a nuisance impacts public property, such as a navigable river or a state park.
True
A series of letters or e-mail messages among several persons can satisfy the Statute of Frauds.
True
A state wishing to collect a sales tax levies the tax on the buyer of goods but usually requires the seller to collect the tax.
True
A subpoena is an order requiring the recipient to appear at a legal proceeding to provide testimony.
True
A tenancy at sufferance describes the relationship that exists when a tenant wrongfully extends his or her stay beyond the terms of the lease
True
A tenant can legally occupy a landlord's property only with the consent of the landlord
True
A third-party beneficiary has a legal right to receive the benefits of a contract if it is the intent of the contract to benefit the third party.
True
A tort is a violation of the rights of a particular person.
True
A use tax is a tax to a consumer who uses goods within a state, as opposed to buying them within the state.
True
A valid contract can be entirely handwritten.
True
According to the UCC, uncertainty with respect to specific terms does not necessarily invalidate a contract.
True
Acts of an employee while performing duties of employment are considered the acts of the employer.
True
Acts of an employee who performing duties of employment are considered the acts of the employer.
True
Administrative agencies are found at local, state, and federal levels of government.
True
Advertising of drugs is legal so long as detailed information about the drug being advertised is disclosed.
True
Agreements that require the performance of acts against public policy are void.
True
All debtors wishing to file for bankruptcy must receive individual or group credit counseling from an approved, not-for-profit, individual or group budget or credit counseling agency.
True
Amendments to the federal Constitution require approval or ratification, by a majority vote of Congress.
True
An action for specific performance is a request that the court direct a party to perform a particular act agreed upon in a contract.
True
An agent is liable to the principal for any losses that result from the agent's neglect or incompetence.
True
An agent is reasonable in assuming that he or she has the authority that is related to the responsibilities covered in the contract of agency.
True
An agent representing a partially disclosed principal becomes a party to the contract.
True
An agreement by an administrator or executor to pay the debts of the deceased must be in writing to be enforceable.
True
An agreement for the sale of personal property for over $500 must be in writing to be enforceable.
True
An agreement for the sale of real estate must be in writing to be enforceable.
True
An agreement to guarantee debts of another generally must be in writing to be enforceable.
True
An agreement to perform an illegal act is void and unenforceable.
True
An airbill is similar to a bill of lading except that is covers a shipment made by air.
True
An assignment must be in writing if the original contract was required by law to be in writing.
True
An emancipated minor's contracts for necessaries are valid.
True
An employee may sue a third party for a work-related injury or illness, even if the injury or illnesss occurred while the employee was on the job.
True
An employer has the right to be free from featherbedding.
True
An implied warranty of fitness may exist even if the buyer does not make his or her intended use of the merchandise known to the seller.
True
An independent contractor can sue the person with whom he or she made the contract.
True
An offer that includes specific time limits expires automatically when the time is up unless the offeror chooses to extend the offer.
True
Bankruptcies are governed under both federal and state law.
True
Burning to defraud is a special category of crime committed by persons who burn their own property with the intention of collecting insurance money.
True
Businesses that create pollution frequently cause injury to people or damage to their property, and these businesses may be found liable by a court for the tort of negligence.
True
Chapter 12 bankruptcy was specifically created to adjust the debts of family farmers or fishers who earn an annual income
True
Chapter 13 bankruptcy is sometimes referred to as reorganization bankruptcy.
True
Companies that provide websites that are forums for music to be shared without permission of the owners may be liable for copyright infringement.
True
Complete and satisfactory performance of a contract will bring about its termination.
True
Conditions precedent are required acts that must be performed before title passes.
True
Conditions subsequent are required acts that must be performed after a contract is signed.
True
Consideration is one of the elements of a contract.
True
Contract for sale can be oral or written, express or implied.
True
Contracts do not need to be stated in legal language.
True
Contracts for personal services may not be assigned unless there is agreement to the contrary.
True
Contracts of adhesion in cyberspace are valid unless they contain terms that are unreasonable.
True
Corporations continue to live on unless some formal action is taken to discontinue the business.
True
Courts have granted corporations similar constitutional rights to those granted to individuals.
True
Custom of the marketplace can be applied by a court when a warranty is vague and indefinite.
True
Death or disabling illness of a party to a contract terminates the contract if such requires the particular skill or talent of the contracting party.
True
Defamation includes both libel and slander.
True
During the winding up period, there is an orderly liquidation of the partnership assets.
True
Each level of government usually has three branches: executive, legislative, and judicial.
True
Each partner is an agent for all other partners.
True
Employees have no reasonable expectation of privacy while they are at work; hence employers may read their e-mail without first receiving the employee's consent.
True
Employees who are victims of illegal discrimination may recover punitive damages.
True
Employees who transfer money from their employer's account into their own account without authorization can be prosecuted for the crime of embezzlement.
True
Entire contracts are those composed of several related parts.
True
Environmental and safety regulations seldom act as legal restraints of trade even though they limit and restrict how a firm may operate.
True
Estoppel is a legal principle that can prevent an owner from recovering his or her own property under certain circumstances.
True
Executives at all levels of government are elected by the voters.
True
Fraud may be committed either by spoken or written words or by acts or conduct.
True
Goods that physically exist and are owned by the seller at the time of sale are considered existing goods.
True
If a law or regulation makes the performance of a contract illegal, the parties are released from their obligations.
True
If a person's reckless driving results in an automobile accident, he or she can be charged with both a tort and a crime.
True
If an advertisement contains a positive promise and a positive statement of what the advertiser expects in return, the courts will usually hold that the advertisement is an offer.
True
Implied contracts are neither oral nor written.
True
Improper teasing, joking, and so forth can constitute sexual harassment.
True
In Phase II of the drug-testing process, the effectiveness of the drug is measured by comparing subjects who receive the drug to those who receive a placebo.
True
In a contract between a minor and an adult, the adult must perform his or her part of the agreement unless or until the minor decides to withdraw.
True
In a contract between an agent and a third party, the agent can be held responsible to the third party if the identity of the principal is not disclosed
True
In a partnership, the shares of the partners might be equal, or they might vary according to an agreement between or among the partners.
True
In most cases of the sale of future goods, title remains with the seller until the goods are in a deliverable state.
True
In most instances, when bankruptcy is filed, the debtor's assets are sold and the money is distributed among the debtor's creditors to pay the debt that is owed.
True
In order for an acceptance to be valid, it must be communicated to the offeror.
True
In order for an offer to be valid, it must be definite and certain.
True
In recent years, the number of workers' compensation claims that have been filed has increased dramatically, causing a large increase in costs associated with the program.
True
In some states a minor may avoid a contract, even if he or she falsely represented himself or herself.
True
In some states, legislatures and courts have made it clear that employee handbooks are not to be construed as contracts.
True
In some states, the provisions contained in an employee handbook are considered a kind of contract between the employer and the employee.
True
In the event a collective bargaining agreement between a union and employer is not reached, the employer has the right to engage in a lockout.
True
Included in the Clean Water Act are standards for water quality that allow navigable waterways to be used for the propagation of wildlife and for recreational purposes.
True
Internet service providers have the legal right to monitor e-mail without the subscriber's consent.
True
It is legally permissible to delegate contract obligations to perform certain tasks.
True
It is necessary for the average person to understand some of the general principles of law, how to avoid common problem and pitfalls, and know when to seek professional help.
True
Larceny is a broad term that includes most forms of theft.
True
Laws enacted by local governments such as a city council are often called ordinances.
True
Liability is the state of being responsible for a wrong or injury.
True
Manufacturers and retailers have a duty to warn users of dangerous or hazardous characteristics of products.
True
Many states recognize a cause of action for "particle trespass," accepting the theory that businesses are trespassing on another person's property with their pollution particles.
True
Most courts will acknowledge that by clicking the "I accept" button, the user has accepted the offer contained on the web page.
True
Negligence per se occurs when a defendant in a case of negligence has violated a law that was enacted in order to prevent the type of injury that occurred.
True
Once an administrator has been appointed, it is generally difficult to remove him or her from office.
True
One consquence of strict liability is that companies are sometimes hesitant to introduce new or innovative products because of the fear of liability lawsuits.
True
Personal property can either be tangible or intangible
True
Pictures and words are legally obscene if they depict sexual conduct in a manner that is patently offensive under contemporary community standards, appeal to the prurient interest, and, taken as a whole, lack serious literary, scientific, artistic, or political value.
True
Preexisting duty refers to existing debts that must be paid.
True
Promises made in anticipation of marriage are enforceable.
True
Pursuant to the Toxic Substance Control Act of 1976, manufacturers are required to test chemicals thoroughly prior to introducing them into commerce.
True
Since most forms of gambling are illegal, most forms of online gambling are also illegal.
True
Slander is a spoken, and libel is a written, form of defamation.
True
Some assignments are prohibited by public policy.
True
Some state statutes provide that property acquired before a marriage is the community property of both husband and wife
True
Some types of contracts must be in writing to be enforceable.
True
Spam is illegal in the United States.
True
State courts that have original jurisdiction for cases not otherwise directed to a specialized court are trial courts.
True
Statutes are laws passed by state and federal legislatures.
True
Stress-related illnesses are compensable under workers' compensation if the stress was not the result of the employee's ordinary duties on the job.
True
The Consumer Product Safety Commission regularly conducts tests of consumer products sold in the United States.
True
The Federal Trade Commission is responsible for ensuring that advertising in the United States is truthful.
True
The Robinson-Patman Act prohibits price discrimination.
True
The Sherman Antitrust Act prohibits agreements that tend to lessen competition.
True
The Statute of Frauds specifies that certain kinds of contracts must be in writing.
True
The UCC clearly specifies requirements that manufacturers or sellers must follow in making disclaimers.
True
The assignment of certain contracts is prohibited by law.
True
The assignor of a contract right becomes a guarantor.
True
The authority of a court, as granted by a constitution or legislative act, is known as the court's jurisdiction.
True
The buyer to goods sold on approval can indicate his or her consent to keep the goods by retaining them for longer than the agreed time or a reasonable time.
True
The court may make assignments for bankrupt persons.
True
The courts generally do not rule on the adequacy of consideration.
True
The distinction between fraud and misrepresentation is important because the remedies available to an injured party are different.
True
The doctrine of employment at will has been eroded by federal, state, and local statutes; by court decisions; and by public policy.
True
The executive branch of government sees that all enacted legislation is enforced.
True
The four elements of a product liability lawsuit are duty, breach, proximate cause, and damages.
True
The general rule of law regarding the passing of title is that title passes when the parties intend it to pass.
True
The judicial branch of government determines if there have been violations of the law.
True
The landlord-tenant relationship can be created by express or implied contract
True
The law in most states permits the assignment of most contract rights to a third party.
True
The legal term that covers such activities as obtaining goods and other benefits by the use of misleading statements and deception is false pretenses.
True
The major disadvantage of a sole proprietorship is the fact that the owner of the establishment has unlimited liability.
True
The manufacturer is in a better position than the user of a product to prevent injuries because the company has the opportunity to design safe products.
True
The notations in an auctioneer's book of sales of more than $500 satisfies the requirements of the UCC that such contracts be in writing to be enforceable.
True
The owner of cash who entrusts it to another cannot demand the return of the money from a third party to whom the money was given in exchange of something value.
True
The owner of personal property cannot recover it from an innocent third party who purchased it from a seller in possession of the property and who was entrusted with proof of ownership by the real owner.
True
The person who makes a proposal to enter into a contract is the offeror.
True
The power of a court to determine whether laws enacted by legislatures or decisions made by lower courts violate the Constitution is judicial review.
True
The purpose of the Uniform Commercial Code is to provide uniform laws for all states to regulate business transactions in the states.
True
The responsibility of determining whether or not a person is competent rests with anyone who enters into a contract with the person.
True
The sale of food involves the implied warranty of merchantability.
True
The terms of express contracts are specifically stated.
True
The theft of goods from a vehicle in transit is known as hijacking.
True
The title to goods sold with right of return passes to the buyer at the time of sale.
True
The tort of conversion is concerned with acts that deny a person the possession of his or her property.
True
The tort of negligence is a form of carelessness.
True
The tort of nuisance does not entail taking another's property, only detracting from his or her enjoyment of it.
True
The tort of slander is concerned with injury to a person's reputation caused by false statements that are spoken.
True
The unconscionability clause of the Uniform Commercial Code can be applied to the landlord-tenant relationship
True
There is an implied warranty of title with the sale of merchandise that means the seller actually owns the goods.
True
Title is proof of ownership as shown by a bill of sale.
True
Tort law is concerned with compensation for losses suffered by injured parties.
True
Touting occurs when an investor who owns shares of a company's stock posts notices online indicating that the value of the company's stock will increase.
True
Treason is a major crime against the federal government consisting of levying war or giving aid and comfort to an enemy.
True
Two defenses to chargers of defamation are truth and privilege.
True
Under the doctrine of comparative negligence, juries attempt to determine how much in percentage terms the plaintiff was at fault and then reduce the verdict by that amount.
True
Under the terms of the Master Settlement Agreement, cigarette packages must contain a warning from the surgeon general regarding the dangers of smoking.
True
Unenforceable obligations that people have to one another are considered to be an aspect of moral law.
True
Vicarious liability means that one person can be held responsible for the negligent acts of another.
True
Warranties are promises or statements made by manufacturers or sellers.
True
When an individual purchases an item from a brick-and-mortar company and provides his or her e-mail address to the seller, the individual is implicitly consenting to the receipt of e-mail solicitations.
True
While a partnership itself does not pay federal income taxes, it does complete an informational tax return.
True
While the law dealing with warranties is intended to protect the general public, it often has the effect of limited the seller's obligations and responsibilities.
True
White-collar crime, as distinguished from other types of crime, generally does not involve force or violence.
True
Zoning regulations also may act as legal restraints of trade because they restrict where and how businesses may operate.
True
A buyer who purchases a business from a seller receives title to the physical assets but does not gain the goodwill of the business
false
A contract in which an employee agrees not to work for a competitor for a reasonable period of time is unenforceable
false
A landlord is liable for all injuries that occur on the leased premises
false
An infringement is a special form of design patent
false
Because a copyright covers only an expression in words, works of art cannot be protected under copyright law
false
If a tenant abandons the premises, the landlord is permitted to continue charging rent while taking no other action
false
It is illegal for a software producer to require that a user register his or her ownership with the producer
false
Ownership of a trademark is typically noted by using the letter O in a circle
false
The courts have ruled that genetically engineered life forms are not patentable.
false
Title to abandoned property resides with the state
false
A complex, highly specialized accounting and budgeting software program not intended for widespread distribution would likely be considered a trade secret
true
A person who profits from unauthorized use of a patented invention is liable to the patent holder for all profits resulting from such unauthorized use and for any other penalties provided by patent laws
true
A tenant usually has the right to assign or sublease the leased property with the landlord's consent
true
The law relating to trademarks applies equally to the law relating to domain names on the web
true
There is no set time limit on the legal protection available for trade secrets
true
Trademark registrations are issued by the U.S. Patent and Trademark Office of the Department of Commerce
true
Words or terms that become a common part of the language are referred to as generic
true
