M05

Improper filing of a financing statement can render a security interest unperfected.

True

A court cannot dismiss a debtor's petition under Chapter 13 even if the circumstances indicate bad faith.

False

A gratuitous agent can be liable to a principal for breach of contract, even in the absence of a contract, but not liable for the negligent performance of the deal.

False

In an agency relationship, one party called the principal agrees to represent or act for another called the agent.

False

The duties that an agent owes a principal must be set forth in the agency agreement because they do not arise by operation of law.

False

The principal is bound by the agent's unauthorized act, unless the principal negates it.

False

To qualify for a Chapter 7 bankruptcy, a debtor must complete a means test to determine whether the debtor has been living within his or her means.

False

With a joint checking account, the bank can hold any joint-account owner liable for payment of an overdraft even if that owner did not sign the check or benefit from its proceeds.

False

Agency relationships come about by voluntary consent and agreement of the parties—consideration is required, and the agreement must be in writing.

True

Any person can be an agent, regardless of whether he or she has the capacity to contract.

True

If an agent has represented himself or herself as possessing special skills, the agent is expected to use them.

True

The destruction of an original check after the creation of a substitute check prevents the check from being paid twice.

True

Agency relationships cannot exist outside an employment, so agency law has a narrower reach than employment law.

False

An independent contractor is, by definition, an employee.

False

Any person—including individuals, but not partnerships or corporations—may be a debtor under Chapter 7.

False

If a bank pays a stale check in good faith but without consulting the customer, the bank has no right to charge the customer's account for the amount.

False

Once a bankruptcy petition is properly filed, creditors can commence or continue most legal actions against the debtor to recover claims.

False

A check may fall under Uniform Commercial Code Article 3 as a negotiable instrument and be subject to UCC Article 4 in the course of collection.

True

Because checks serve as a substitute for cash, they can facilitate financial record keeping.

True

Because the speed of check-processing time is increasing, to avoid overdrafts, an account-holder needs to verify that funds are available to cover a check when it is written.

True

Business as we know it could not exist without secured transactions because otherwise sellers and lenders would be less likely to sell and lend on credit.

True

In a Chapter 13 proceeding, the debtor retains possession of his or her assets.

True

Elmore pays Fidelity Bank $1,000 plus a service fee to draw a check on itself made payable to Go Delivery Service. This is

a cashier's check.

If any financial institution, such as a brokerage house, handles a check for payment or collection, the check is covered by UCC Article 4.

false

Ron borrows funds from Suburban Bank secured by Ron's house. Ron defaults on the debt. The bank's options include

repossessing the collateral and disavowing the security interest.

Bread Company hires Craig to sell the company's products in a certain area. Bread agrees to pay Craig a salary, plus commission, for a trial period. They also agree that he can sell using any methods and during any hours that seem appropriate. The key factor in whether Craig is Bread's employee is

the degree of the employer's control over the details of the work.

Business Sales Inc.'s debt to Cartage Company is past due. Cartage brings a legal action against Business Sales to collect. To ensure that a judgment in the creditor's favor will be collectible, Cartage asks the court to order the seizure of the debtor's property. This is a request for

a writ of attachment.

Ray is a delivery driver for Sicilian Pasta Company. Ray does exactly what the company tells him. Ray is

An employee

Building Company adds a shipping dock to the property of Corporate Complex, but the owner does not pay. Building files a lien on Corporate's property. The property

Can be held to guarantee payment of the debt.

A bank may contractually shift to its customer the risk of forged checks created electronically or otherwise by the use of non-manual signatures.

True

To avoid liability for negligence, a customer must examine monthly bank statements and canceled checks promptly and with reasonable care, and report any forged signatures to the bank.

True

Under the principles of agency law, any sale of goods by a salesperson in a store to a customer can be binding on the owner of the store.

True

United Contractors Inc. holds a lien on Vista Estate's real property. This property can be sold to satisfy the debt if, before the sale, notice is given to

Vista Estate.

Brewery Company's debt to Credit Service is past due. Credit obtains a judgment against Brewery, but the firm refuses to pay. Credit asks the court to order the seizure of Brewery's property. This is a request for

a writ of attachment.

Ingmar asks Jess to contract with Kay's Lawn Service to maintain Ingmar's lawn. Jess orally agrees to do so. This is an agency by

agreement

Motor Parts Sales Inc. hires Nolly to work on its shipping dock, accepting deliveries, and dispatching trucks, and dealing with customers and drivers. With respect to Motor Parts, Nolly is most likely

an agent.

Nora works at Oil & Gas Inc. She is a sales representative who works with Oil & Gas customers. The company closely supervises its sales reps, and dictates their schedules. With respect to third parties, Nora is

an employee and agent.

Refresh Inc.'s debt to Spring Water Company is past due. Spring brings a legal action against Refresh to collect the debt. Spring asks the court to order Tempo Bank, in which Refresh has an account, to pay a portion of the funds to Spring. This is a request for

an order of garnishment.

Owen is given value by Payday Sales Company in the form of a commitment to sell goods on credit. In terms of creating an enforceable security interest, this is

one of the requirements.