BLAW

What is it that can restrict what an employee may do after leaving a company and often dictates where, when, and for whom the employee may work?

Covenants not to compete

What is the most common exception to the employment-at-will doctrine?

Implied-contract exception

Most corporations are nonprofit corporations. T/F

false

John and Joan are both supervisors at a store. John has worked there for twenty years and Joan for fifteen years. Joan is only paid half what John makes. Under the Equal Pay Act (EPA):

John and Joan must be paid the same if their job responsibilities are substantially similar John may be paid more than Joan under a bona fide seniority system John may be paid more than Joan under a bona fide merit system All of these!!

Under the common law, which of the following qualifies an acceptance as a valid acceptance?

A valid acceptance requires all three of these elements

Which class is protected under the Age Discrimination in Employment Act (ADEA)?

Americans with Disabilities Defense

Suppose that the Miami Heat basketball franchise enters into a contract with a sports apparel producer and screen printer. The team agrees to purchase 100,000 T-shirts for $5 each and 25,000 hats for $6 each indicating that the Miami Heat are the NBA champions. However, the terms of the contract indicate that the contract will only occur if first the Miami Heat win the championship that year. This scenario is an example of what?

Condition precedent

If the terms of acceptance of a contract do not reflect the terms of the offer, which of the following prevents a contract from being formed?

Mirror-image rule

Holding all other variables constant, the following agreements are required by the statute of frauds to be evidenced in writing EXCEPT?

Mutual promises to marry

__________ is the organization that enforces the Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Administration

Which of the following is not a possible defense to a lawsuit in contract?

The offeree lost his job and can no longer afford to proceed with the contract

The test for compliance with the one-year rule considers which of the following?

The possibility of completing the contract within one year

Suppose you entered into a contract to clean someone's pool. Then, both you and the pool owner discovered that the pool water has produced toxic levels of chlorine over time. As a result, you cannot clean the pool without first decontaminating it. This change in knowledge about the toxicity levels of the pool is considered a material fact in the agreement. Can you rescind the contract?

Yes, this seems like a mutual mistake

Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry ___________________

are within the statute of frauds and therefore must be in writing

In contract law, a(n) _____________ is an erroneous belief about the facts of the contract at the time the contract is concluded

mistake of fact

Same-sex harassment is not covered by the Civil Rights Act. T/F

False

A person must have contractual capacity to enter into an agency contract as a principal. T/F

True

The terms of __________ contracts are all clearly set forth in either written or spoken words

express

A principal does not have the right to control an agent's conduct in matters entrusted to the agent. T/F

False

Corporations have only those powers that states grant them. T/F

true

Every partner is considered to be an agent of the partnership. T/F

true

In U.S. law, corporations are legal entities and have rights under the Constitution. T/F

true

Valerie is an incidental beneficiary to a contract. One of the parties to the contract breaches the contract. Valerie wishes to sue. Whom can she sue to enforce the contract?

Neither of the two parties to the contract

When a party to a contract has so much more bargaining power than the other that he or she dictates the terms of the contract, then such a contract would likely be rescinded on which of the following grounds?

Unconscionability

In which scenario is parol evidence permitted in court?

When contracts have been substantially modified When contracts are conditioned on orally agreed-on terms When contracts are incomplete When there are void or voidable contracts All of these!!

One complication with contracts occurs when an assignor assigns two or more parties the same right, and confusion arises as to which party has the right to the contract. To solve this problem, the minority of states has adopted the __________, which states that the first assignee to give notice of assignment to the obligor is the party with rights to the contract

English rule

Which of the following is an element of an offer under common law?

Intent to be bound by an acceptance

Suppose an operator of a weight scale certifies the weight of a good that is for sale. However, the accuracy of the scale used to weigh the good has not been checked in more than four years, even though the weight scale operator could have easily checked the accuracy of the scale. The scale gave an improper weight measurement that resulted in many problems with the shipping and sale of the product. This scenario is an example of what?

Negligent misrepresentation

What is the first thing a plaintiff should establish to prove a case based on disparate impact?

The rule disproportionately restricts employment opportunities for a protected class

If a creditor wishes to obtain the partner's profits while the partner continues to act as a partner and engage in the partnership business, the creditor should obtain a(n) __________________

charging order

The mail-box rule is not applicable when there is ________________

instantaneous communication

Using the ________, if an employee is on company property, the courts generally find that she was on the job for the purposes of receiving workers' compensation

premises rule

Which of the following contractual rights can be assigned?

Real property rights

The concept of at-will employment is a relatively new concept, created in the 1950's. T/F

false

A party transferring his or her duties under a contract to another individual is called what?

Delegator

Tyler worked full-time as a maintenance worker at a factory. One day Tyler was fired. Under what circumstances below would Tyler be able to collect unemployment compensation under Federal Unemployment Tax Act?

He was fired as part of a reduction in force due to a slow economy

Which of the following does an employee not need to demonstrate to recover benefits under workers' compensation?

The injury was serious enough to require inpatient hospital care

Which of the following is not true about the law of contract?

The law of contract serves as statutory law

Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?

Title VII

The question of whether a worker is an employee or an independent contractor has important implications in which of the following areas?

Workers' compensation, workplace safety, and unemployment statutes

A(n) ____________ is a review and listing of all partnership assets and/or profits and typically lists the distribution of assets and profits to the partners

accounting

Which class is protected under the Age Discrimination in Employment Act (ADEA)?

ages 40 and up

Equitable remedies are _________

court-ordered actions

A(n) ________ is a corporation that has met the substantial elements of the incorporation process

de jure corporation

A corporation must be dissolved if over 50% of the shareholders die. T/F

false

Closely held corporations generally offer stock for sale to the general public. T/F

false

If the offer is for a unilateral contract, the offeree can accept only by ________________

providing the requested performance

A corporation commits ultra vires when it acts beyond its express and implied powers. T/F

true

Two forms of sexual harassment are quid pro quo and creation of a hostile work environment. T/F

true

Todd leaves his babysitter, Zach, a voice mail message saying, "I need someone to watch little Joey and Hilary on Friday night. If you can babysit on such late notice, I'll pay you an extra $40 on top of your usual rate. If I don't hear from you by 5 p.m. tomorrow, I'll assume we have a deal." If Zach does not call back, has a contract been created?

No, because silence under these circumstances will not constitute acceptance.

A store places an advertisement in the newspaper for "Sale on Dell laptops - All Dell laptops for sale for $500 the last week in July!" Is the store making an offer?

No, the store is merely inviting potential customers to come to the store and offer $500 for a laptop

On rare occasions, rescission is permitted for unilateral mistakes. Which of the following scenarios is an example of when rescission might be available for a unilateral mistake?

One party made a mistake about a material fact and the other party had reason to know about the mistake

When determining whether men and women do equal work and deserve the same pay under the EPA, what factor do courts not consider?

Skill Effort Responsibility Working conditions All of these factors help the court determine whether the work was equal!!!!!