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Category > Law Posted 26 Oct 2020 My Price 20.00

Business Law Unit 3 Milestone Sophia

Business Law Unit 3 Milestone Sophia

Click below link for Answer

1

If a bailment is voluntary and benefits both the bailor and the bailee, what sort of responsibility does the bailee owe the bailor?

Extraordinary duty of care

Ordinary duty of care

Minimum duty of care

The bailee has no responsibility in this case.

 

Bailment

2

Carla (principal) hires an agent to represent her business and find buyers for her artwork. At the same time, Carla continues to aggressively market her artwork and sells several pieces on her own.

 

Is Carla in breach of her duty?

Yes, because Carla is violating her fiduciary duty to her agent.

No, because Carla may compete with her agent unless their contract states otherwise.

Yes, because Carla is "self-dealing" by continuing to sell pieces on her own.

No, because of the shop rights doctrine.

 

Duties between Agent and Principal

3

Frida hires Gwen, a real estate broker, to find a buyer for her home. Real estate brokers only have the authority to execute a purchase and sale agreement if expressly given it, and Gwen is not. Nevertheless, a young couple is thrilled when they and Gwen sign a purchase and sale agreement for Frida's house, which is their dream home.

 

Is Frida liable for the purchase and sale agreement?

No, Frida is not liable.

Yes, due to express authority.

Yes, due to apparent authority.

Yes, due to implied authority.

 

Principal's Contract Liability

4

Trudy is an aspiring chef. She takes a job in a famous restaurant in order to learn the head chef's highly secretive technique for making pasta, which people from all over the country come to eat. After quitting her job, Trudy opens her own restaurant and makes pasta using the same technique. She advertises this fact in order to generate business.

 

Does Trudy's conduct violate trade secret law?

Yes, because the method by which Trudy discovered the trade secret is illegal according to trade secret law.

No, because Trudy was upfront about the fact that she was using the trade secret.

Yes, because Trudy used a trade secret without permission from the secret’s owner.

No, because the head chef was not able to keep her technique a secret from Trudy.

 

Trade Secrets

5

A government plane is __________.

tangible private property

tangible fungible public property

intangible private property

tangible public property

 

Personal Property

6

A plant patent __________.

is obtainable, but not for commercial use

is available for new uses discovered for existing plants

is available for new plant species that are asexually reproduced

is not permitted, because living things are not patentable

 

Patents

7

Jennifer includes a copyrighted photograph in her new book without obtaining permission from the copyright owner.

 

Select the correct classification for this example.

Legal use of a copyright license

Direct copyright infringement

Fair use

Contributory infringement

 

Copyright Law

8

Which of the following most clearly represents an illegal termination of employment?

A delivery service manager fires a female employee after making numerous comments about how unreliable he thinks women are.

A mechanic is fired after refusing to wear the safety gear required by the shop owners.

A builder fires one of his carpenters for showing up late to work, without asking the carpenter why he was late.

A waitress quits her job in the middle of a shift because the restaurant is understaffed and patrons are getting upset.

 

Employment at Will

9

Marissa, a principal, hires a new fifth grade teacher for the upcoming school year.

 

Which type of agent is the new teacher?

Collection agent

General agent

Special agent

Employee

 

Types of Agents

10

Yvette is the owner of a restaurant run by a general manager named Paul, whom Yvette closely supervises. Paul recently hired two new dishwashers. Unbeknownst to Yvette, Paul pays them less than the minimum wage because he knows they need the job. The dishwashers eventually obtain legal help and sue Paul and Yvette for violating minimum wage laws.

 

Is Yvette criminally liable?

No, Yvette cannot be held liable because she had no knowledge of Paul's actions.

Yes, Yvette may be held liable for Paul's actions if the wage violations are strict liability crimes in this jurisdiction.

No, Yvette cannot be held liable because a principal is never liable for an agent's unauthorized crimes.

No, Yvette cannot be held liable because she could not have foreseen that Paul would pay workers less than the minimum wage.

 

Principal's Tort and Criminal Liability

11

Which of the following is true of agency relationships?

Agency relationships require an exchange of consideration to be formed.

Agency relationships are created between a principal and an employee, who represents the principal to an agent.

Legally binding agency relationships may be formed between a principal who is a minor and an agent, if the agent is a fully capable adult.

Agency relationships are created between a principal and an agent, who represents the principal to a third party.

 

Introduction to Agency Law

12

Why was the power to confer intellectual property rights given to Congress?

To defend equality

To support capitalism

To promote progress

To deter monopolies

 

Intellectual Property

13

Priyanka is a branch manager at a bank in town. She hires Hudson, who comes with strong references and several years' experience, as a bank teller. Several months later, Priyanka is surprised to be personally named in a lawsuit alleging that Hudson misrepresented the bank's products by promising new account holders $1,000 for starting a savings account.

 

Is Priyanka, as Hudson's manager, personally liable for the tort?

Yes, because Priyanka is Hudson's manager and so his liability extends to her.

No, because agents are almost never responsible for torts that are committed within the scope of their employment.

Yes, because Priyanka was responsible for hiring Hudson.

No, because as an agent, Priyanka is not responsible for torts committed by other agents for which she is not at fault.

 

Agent's Personal Liability for Torts and Contracts

14

Select the true statement regarding inherited or gifted real property.

If an owner dies intestate, his or her property will be divided up evenly by inheritors.

Real property may be gifted only if the property is valued at less than $1 million.

A gift of real property still requires consideration for title to transfer.

Real property will escheat to the state if an owner dies intestate and a next of kin cannot be identified.

 

Real Property: Methods of Acquisition

15

Which of the following is true of property ownership in the United States?

Property must be tangible in order for the legal system to recognize ownership.

Animals and humans both have the right to own property.

Property ownership is primarily defined at the state level.

You may own property even if the legal system does not recognize your right to do so.

 

The Property System

16

Select the answer that best applies to the phrase "National Basketball Association."

This phrase is an example of a collective mark.

This phrase likely cannot be trademarked.

This phrase is an example of a certification mark.

This phrase is an example of a service mark.

 

Trademarks

17

If you sign a lease to rent an office in a building, you have a __________ in the office.

fee simple defeasible interest

possessory interest

devisable interest

reversionary interest

 

1

A local shopkeeper has been doing business with Imogene for years. Imogene is a caretaker for an elderly woman in town, and she is authorized to purchase groceries and other goods in the store on the elderly woman's account. One day, a man named Andrew comes to the store and claims to be the elderly woman's new caretaker. He charges groceries to her account and leaves. The elderly woman later refuses to pay those charges, asserting that she doesn't know an Andrew.

 

Is Andrew personally liable for the charges?

No, because Andrew was only a partially disclosed agent.

Yes, because an agent is almost always responsible for a contract formed on behalf of a principal.

No, because the shopkeeper should have known that Andrew was not a legitimate agent.

Yes, because he did not have the authority to make a contract on the elderly woman's behalf.

 

Agent's Personal Liability for Torts and Contracts

2

A deed transferring ownership of a 500-acre parcel of land, subject to the condition that you maintain the roads criss-crossing the land, is a __________.

possessory interest

fee simple defeasible interest

reversionary interest

fee simple absolute interest

 

Real Property: Duties, Responsibilities, and Interests

3

Ryan owns a Christmas tree farm that struggles to compete with the Christmas tree farm on the other end of town. He instructs one of his employees to set a fire at the rival farm, which destroys much of their stock and drives up demand for Ryan's trees. Ryan's employee is arrested for arson, and the rival farm sues for damages.

 

Is Ryan liable for the tort?

Yes, Ryan is vicariously liable according to the "zone of risk" test because his employee's actions were foreseeable.

Yes, Ryan is directly liable for the tort and for the employee's criminal act of arson.

No, Ryan is not liable in this case.

Yes, Ryan is directly liable for the tort but not for the employee's criminal act of arson.

 

Principal's Tort and Criminal Liability

4

Select the true statement regarding adverse possession of real property.

Adverse possession is more difficult to attain if the possessor's possession is openly visible to others.

A possessor must occupy real property at the owner's invitation in order to qualify for adverse possession.

A possessor may acquire real property through adverse possession only if his or her possession has been continuous.

Adverse possession is a common method of acquiring real property because its requirements are easily met.

 

Real Property: Methods of Acquisition

5

Trudy is an aspiring chef. She takes a job in a famous restaurant in order to learn the head chef's highly secretive technique for making pasta, which people from all over the country come to eat. After quitting her job, Trudy opens her own restaurant and makes pasta using the same technique. She advertises this fact in order to generate business.

 

Does Trudy's conduct violate trade secret law?

No, because the head chef was not able to keep her technique a secret from Trudy.

Yes, because the method by which Trudy discovered the trade secret is illegal according to trade secret law.

Yes, because Trudy used a trade secret without permission from the secret’s owner.

No, because Trudy was upfront about the fact that she was using the trade secret.

 

Trade Secrets

6

Carla (principal) hires an agent to represent her business and find buyers for her artwork. At the same time, Carla continues to aggressively market her artwork and sells several pieces on her own.

 

Is Carla in breach of her duty?

No, because of the shop rights doctrine.

No, because Carla may compete with her agent unless their contract states otherwise.

Yes, because Carla is violating her fiduciary duty to her agent.

Yes, because Carla is "self-dealing" by continuing to sell pieces on her own.

 

Duties between Agent and Principal

7

A share of corporate stock is __________.

intangible private property

tangible public property

tangible fungible private property

intangible public property

 

Personal Property

8

A utility patent __________.

may be granted for inventing any item whatsoever

may be granted for inventing a useful item that does not infringe on the patent of another item

may be granted for inventing or modifying any useful item, even if the item was previously patented

may be granted solely for the idea of a new invention

 

Patents

9

Which of the following best defines property law?

A system for excluding certain groups from property ownership

A process for assigning property value

A method of acquiring, retaining, and transferring property peacefully

A means of dividing wealth in a society

 

The Property System

10

Which of the following is true of agency relationships?

Agency relationships are created for an agent to act as an intermediary between a principal and a third party.

Agency relationships are created for a third party to act as an intermediary between an employee and an agent.

Agency relationships are created for an agent to act as an intermediary between a principal and an employee.

Agency relationships are created for a principal to act as an intermediary between an agent and third party.

 

Introduction to Agency Law

11

Jennifer includes a copyrighted photograph in her new book without obtaining permission from the copyright owner.

 

Select the correct classification for this example.

Direct copyright infringement

Contributory infringement

Fair use

Legal use of a copyright license

 

Copyright Law

12

Hallie hires an accountant to prepare and file her personal income tax return this year.

 

Which type of agent relationship does this represent?

Special agent

Agency coupled with an interest

Subagent

General agent

 

Types of Agents

13

Which of the following most clearly represents an illegal termination of employment?

A builder fires one of his carpenters for showing up late to work, without asking the carpenter why he was late.

A mechanic is fired after refusing to wear the safety gear required by the shop owners.

A waitress quits her job in the middle of a shift because the restaurant is understaffed and patrons are getting upset.

A delivery service manager fires a female employee after making numerous comments about how unreliable he thinks women are.

 

Employment at Will

14

Which of the following is an important purpose of intellectual property rights?

To advance the public good by encouraging invention

To encourage inventors to form monopolies

To promote capitalism and make inventors rich

To prevent others from ever copying an inventor's product

 

Intellectual Property

15

If a voluntary bailment is only of benefit to the bailee, what sort of responsibility does the bailee owe the bailor?

Minimum duty of care

The bailee has no responsibility in this case.

Ordinary duty of care

Extraordinary duty of care

 

Bailment

16

Select the statement that best applies to the new company name "Pep-C."

This name is an example of a collective mark.

This name is an example of a service mark.

This name is an example of a certification mark.

This name likely cannot be trademarked.

 

Trademarks

17

Jenna has been employed as Rashid's personal assistant for five years. Her job description is vague, but she helps him with many aspects of his day to day life. Jenna knows he likes art, so every year she attends a local art auction and purchases a painting on Rashid's behalf. This year, she buys a painting that is twice as expensive as usual.

 

Is Rashid responsible for the full price of the painting?

Yes, due to implied authority.

Yes, due to apparent authority.

No, Rashid is not liable.

Yes, due to express authority.

 

 

1

Ramona purchases a DVD of a copyrighted movie from a store and watches it at home with her family and a few friends.

 

Select the correct classification for this example.

Contributory infringement

Legal use of a copyright license

Direct copyright infringement

Fair use

 

Copyright Law

2

Jenna has been employed as Rashid's personal assistant for five years. Her job description is vague, but she helps him with many aspects of his day to day life. Jenna knows he likes art, so every year she attends a local art auction and purchases a painting on Rashid's behalf. This year, she buys a painting that is twice as expensive as usual.

 

Is Rashid responsible for the full price of the painting?

Yes, due to express authority.

Yes, due to apparent authority.

Yes, due to implied authority.

No, Rashid is not liable.

 

Principal's Contract Liability

3

A pound of coffee beans is __________.

intangible private property

tangible fungible private property

intangible public property

fungible public property

 

Personal Property

4

Select the statement that best applies to the phrase "Animal cruelty-free."

This phrase likely cannot be trademarked.

This phrase is an example of a certification mark.

This phrase is an example of a collective mark.

This phrase is an example of a service mark.

 

Trademarks

5

Priyanka is a branch manager at a bank in town. She hires Hudson, who comes with strong references and several years' experience, as a bank teller. Several months later, Priyanka is surprised to be personally named in a lawsuit alleging that Hudson misrepresented the bank's products by promising new account holders $1,000 for starting a savings account.

 

Is Priyanka, as Hudson's manager, personally liable for the tort?

No, because agents are almost never responsible for torts that are committed within the scope of their employment.

Yes, because Priyanka was responsible for hiring Hudson.

Yes, because Priyanka is Hudson's manager and so his liability extends to her.

No, because as an agent, Priyanka is not responsible for torts committed by other agents for which she is not at fault.

 

Agent's Personal Liability for Torts and Contracts

6

Gary (principal) hires Dawn (agent) to sell his house. Every time Dawn tries to bring a potential buyer to see Gary's house, he asks her to reschedule for another day. Dawn suspects that Gary does not actually want to sell his house.

 

Is Gary in breach of his duty?

No, because principals have no duties toward their agents.

No, because Gary does not have a fiduciary duty to Dawn.

Yes, because he failed to warn Dawn of the potential for pecuniary loss.

Yes, because he has a responsibility to not interfere with Dawn's task.

 

Duties between Agent and Principal

7

Which of the following is true of agency relationships?

Legally binding agency relationships may be formed between a principal who is a minor and an agent, if the agent is a fully capable adult.

Agency relationships are created between a principal and an employee, who represents the principal to an agent.

Agency relationships are created between a principal and an agent, who represents the principal to a third party.

Agency relationships require an exchange of consideration to be formed.

 

Introduction to Agency Law

8

Trudy is an aspiring chef. She takes a job in a famous restaurant in order to learn the head chef's highly secretive technique for making pasta, which people from all over the country come to eat. After quitting her job, Trudy opens her own restaurant and makes pasta using the same technique. She advertises this fact in order to generate business.

 

Does Trudy's conduct violate trade secret law?

Yes, because Trudy used a trade secret without permission from the secret’s owner.

Yes, because the method by which Trudy discovered the trade secret is illegal according to trade secret law.

No, because Trudy was upfront about the fact that she was using the trade secret.

No, because the head chef was not able to keep her technique a secret from Trudy.

 

Trade Secrets

9

A plant patent __________.

is available for new plant species that are asexually reproduced

is obtainable, but not for commercial use

is available for new uses discovered for existing plants

is not permitted, because living things are not patentable

 

Patents

10

Which of the following most clearly represents an illegal termination of employment?

A mechanic is fired after refusing to wear the safety gear required by the shop owners.

A builder fires one of his carpenters for showing up late to work, without asking the carpenter why he was late.

A delivery service manager fires a female employee after making numerous comments about how unreliable he thinks women are.

A waitress quits her job in the middle of a shift because the restaurant is understaffed and patrons are getting upset.

 

Employment at Will

11

Select the true statement regarding inherited or gifted real property.

A gift of real property still requires consideration for title to transfer.

Real property will escheat to the state if an owner dies intestate and a next of kin cannot be identified.

Real property may be gifted only if the property is valued at less than $1 million.

If an owner dies intestate, his or her property will be divided up evenly by inheritors.

 

Real Property: Methods of Acquisition

12

Which of the following is true of property ownership in the United States?

You may own property even if the legal system does not recognize your right to do so.

Animals and humans both have the right to own property.

Property must be tangible in order for the legal system to recognize ownership.

Property ownership is primarily defined at the state level.

 

The Property System

13

Hallie hires an accountant to prepare and file her personal income tax return this year.

 

Which type of agent relationship does this represent?

Agency coupled with an interest

General agent

Special agent

Subagent

 

Types of Agents

14

Ryan owns a Christmas tree farm that struggles to compete with the Christmas tree farm on the other end of town. He instructs one of his employees to set a fire at the rival farm, which destroys much of their stock and drives up demand for Ryan's trees. Ryan's employee is arrested for arson, and the rival farm sues for damages.

 

Is Ryan liable for the tort?

Yes, Ryan is directly liable for the tort but not for the employee's criminal act of arson.

Yes, Ryan is directly liable for the tort and for the employee's criminal act of arson.

Yes, Ryan is vicariously liable according to the "zone of risk" test because his employee's actions were foreseeable.

No, Ryan is not liable in this case.

 

Principal's Tort and Criminal Liability

15

A deed transferring ownership of a 500-acre parcel of land, subject to the condition that you maintain the roads criss-crossing the land, is a __________.

fee simple absolute interest

fee simple defeasible interest

reversionary interest

possessory interest

 

Real Property: Duties, Responsibilities, and Interests

16

Which of the following is an important purpose of intellectual property rights?

To make new products affordable for consumers

To give Congress the power to decide which discoveries are useful

To encourage inventors to share their discoveries with the public

To ensure quality and efficiency in the marketplace

 

Intellectual Property

17

If a voluntary bailment is only of benefit to the bailee, what sort of responsibility does the bailee owe the bailor?

Ordinary duty of care

The bailee has no responsibility in this case.

Extraordinary duty of care

Minimum duty of care

 

 

1

Wilhelm discovers that a tech company has just received a patent for a new type of headphone that reduces the potential for hearing damage at high volume. The existence of this new technology is not yet widely known. However, once Wilhelm learns about it, he tells several of his friends, and they all buy stock in the tech company.

 

Does Wilhelm's conduct violate trade secret law?

No, because the company is not yet deriving value from the technology.

Yes, because Wilhelm will potentially profit from his discovery.

Yes, because Wilhelm misappropriated the tech company's trust by telling his friends about the new technology.

No, because the invention of this technology is publicly available information through the issuance of the patent.

 

Trade Secrets

2

A share of corporate stock is __________.

tangible fungible private property

intangible private property

tangible public property

intangible public property

 

Personal Property

3

Karen (principal) hires John (agent) to be her financial planner. John recommends that Karen purchase a life insurance policy because he honestly believes that her family will benefit from it. He recommends a policy from UNeed Insurance because he will receive an undisclosed commission from the company if Karen purchases it.

 

Is John in breach of his duty to Karen?

No, because he is fulfilling his fiduciary duty.

No, because he is performing his duty to obey.

Yes, because he is failing in his duty to give information.

Yes, because he is "self-dealing."

 

Duties between Agent and Principal

4

Which of the following is an important purpose of intellectual property rights?

To make new products affordable for consumers

To ensure quality and efficiency in the marketplace

To encourage inventors to share their discoveries with the public

To give Congress the power to decide which discoveries are useful

 

Intellectual Property

5

Russ owns a construction company and manages 10 employees. He has an extensive employee manual that clearly lays out the company's policies and expectations for its workers. The manual expressly forbids drinking alcohol during the work day. Nevertheless, one of his roofers drinks a few beers at work and ends up injuring a passerby when he throws some tools down from the roof. The injured party sues.

 

Is Russ liable for the tort?

Yes, Russ is directly liable because he was the person who hired the roofer in the first place.

Yes, Russ is vicariously liable according to the "zone of risk" test because the roofer was at the worksite performing his job, and his actions were foreseeable.

No, Russ would only be liable if the injured party were another employee.

No, Russ is not liable for the roofer's actions in this case because the employee manual forbade drinking on the job.

 

Principal's Tort and Criminal Liability

6

Jason is a salesperson at a clothing company. He has no authority to order inventory, but one day he sends a purchase order on company letterhead to a shoe supplier. He likes the shoes and thinks they'll sell quickly in the store. When the company's manager discovers the invoice from the shoe supplier, she refuses to pay it.

 

Is the company liable for the invoice?

Yes, due to implied authority.

No, the company is not liable.

Yes, due to express authority.

Yes, due to apparent authority.

 

Principal's Contract Liability

7

Hallie hires an accountant to prepare and file her personal income tax return this year.

 

Which type of agent relationship does this represent?

Agency coupled with an interest

Subagent

General agent

Special agent

 

Types of Agents

8

Which of the following most clearly represents a lawful termination of employment?

A car salesman quits his job in June after signing a contract to work at the dealership until the end of the year.

A daycare center fires one of its teachers for wearing a hijab to work.

A landscaping company fires an employee who habitually leaves work earlier than he's supposed to. The employee has to leave early to pick up his child from school.

A newspaper publisher fires one of its reporters after the reporter exposes discrimination within the publishing company.

 

Employment at Will

9

If a voluntary bailment is only of benefit to the bailee, what sort of responsibility does the bailee owe the bailor?

Extraordinary duty of care

Minimum duty of care

The bailee has no responsibility in this case.

Ordinary duty of care

 

Bailment

10

Ramona purchases a DVD of a copyrighted movie from a store and watches it at home with her family and a few friends.

 

Select the correct classification for this example.

Direct copyright infringement

Fair use

Contributory infringement

Legal use of a copyright license

 

Copyright Law

11

A local shopkeeper has been doing business with Imogene for years. Imogene is a caretaker for an elderly woman in town, and she is authorized to purchase groceries and other goods in the store on the elderly woman's account. One day, a man named Andrew comes to the store and claims to be the elderly woman's new caretaker. He charges groceries to her account and leaves. The elderly woman later refuses to pay those charges, asserting that she doesn't know an Andrew.

 

Is Andrew personally liable for the charges?

Yes, because an agent is almost always responsible for a contract formed on behalf of a principal.

No, because the shopkeeper should have known that Andrew was not a legitimate agent.

Yes, because he did not have the authority to make a contract on the elderly woman's behalf.

No, because Andrew was only a partially disclosed agent.

 

Agent's Personal Liability for Torts and Contracts

12

Who can own property in the United States today?

All people, animals, and nonhuman legal persons

All people and some nonhuman legal persons

Only people

People and animals

 

The Property System

13

Which of the following is true of agency relationships?

Agency relationships are created for a third party to act on behalf of an agent.

Agency relationships are created for an agent to act on behalf of a third party.

Agency relationships are created for an agent to act on behalf of a principal.

Agency relationships are created for a principal to act on behalf of an agent.

 

Introduction to Agency Law

14

A utility patent __________.

may be granted for inventing or modifying any useful item, even if the item was previously patented

may be granted for inventing any item whatsoever

may be granted solely for the idea of a new invention

may be granted for inventing a useful item that does not infringe on the patent of another item

 

Patents

15

Select the statement that best applies to the phrase "Animal cruelty-free."

This phrase is an example of a certification mark.

This phrase is an example of a collective mark.

This phrase likely cannot be trademarked.

This phrase is an example of a service mark.

 

Trademarks

16

Select the true statement regarding adverse possession of real property.

Adverse possession is a common method of acquiring real property because its requirements are easily met.

A possessor may acquire real property through adverse possession only if his or her possession has been continuous.

Adverse possession is more difficult to attain if the possessor's possession is openly visible to others.

A possessor must occupy real property at the owner's invitation in order to qualify for adverse possession.

 

Real Property: Methods of Acquisition

17

If ownership of Isaiah's home transfers to his sister upon his death, Isaiah has a __________ in his home.

leasehold interest

reversionary interest

life estate interest

possessory interest

 

Real Property: Duties, Responsibilities, and Interests

 

A new and useful idea __________.

can be patented without any other qualifications

can be patented if it holds potential commercial value

can be patented if it is completely original

cannot itself be patented

 

Which of the following is true of agency relationships?

Agency relationships are created for an agent to act as an intermediary between a principal and a third party.

Agency relationships are created for a third party to act as an intermediary between an employee and an agent.

Agency relationships are created for an agent to act as an intermediary between a principal and an employee.

Agency relationships are created for a principal to act as an intermediary between an agent and third party.

 

Nancy, a sixteen-year-old entrepreneur, appoints her friend Josh, who is twenty, to be her agent. She asks Josh to sign a contract with a supplier for several cases of frosting for her cupcake business. Josh contacts the supplier and notifies him of his agency for Nancy. After assuring the supplier that both he and Nancy are adults, Josh signs a contract promising to pay $200. After the first shipment of frosting goes out, Nancy loses interest in the business and disavows the contract.

 

Is Josh personally liable for the $200?

Yes, because Josh warranted to the seller that Nancy was of legal age to form a binding contract.

No, because Nancy is a minor and lacks capacity, and therefore may disavow a contract without liability.

No, because an agent is almost never liable for contracts signed on behalf of a principal.

Yes, because Josh was acting in a personal capacity.

 

Select the true statement regarding real property purchases.

By law, all deeds must be recorded at the end of real property sales.

A contract for the purchase of real property may be either verbal or written.

All real property transfers must involve a warranty deed.

A purchase of real property includes the acquisition of fixtures, if such fixtures exist and are not excluded by contract.

 

Which of the following most clearly represents an illegal termination of employment?

The owner of a small greeting card company suddenly files for bankruptcy and closes the business, letting go all of his employees.

A janitor misses work for three days to serve on a jury and is fired by his employer for exceeding his vacation time.

A store clerk is fired after violating several provisions of the employee handbook. The clerk has no formal employment contract, but she is only given two weeks' notice.

A test prep tutor is fired by the company that hired her because its revenue is falling. The employee has performed well since she was hired.

 

Russ owns a construction company and manages 10 employees. He has an extensive employee manual that clearly lays out the company's policies and expectations for its workers. The manual expressly forbids drinking alcohol during the work day. Nevertheless, one of his roofers drinks a few beers at work and ends up injuring a passerby when he throws some tools down from the roof. The injured party sues.

 

Is Russ liable for the tort?

No, Russ would only be liable if the injured party were another employee.

Yes, Russ is vicariously liable according to the "zone of risk" test because the roofer was at the worksite performing his job, and his actions were foreseeable.

No, Russ is not liable for the roofer's actions in this case because the employee manual forbade drinking on the job.

Yes, Russ is directly liable because he was the person who hired the roofer in the first place.

 

Wanda's financial advising firm wants to know the private client list held by a competing firm in town. Wanda sets up a meeting with an employee at the rival firm, and while there, Wanda downloads the client list to a flash drive when the employee steps away from his office. Three days later, Wanda uses the flash drive to open the client list.

 

Does Wanda's conduct violate trade secret law?

Yes, because the method by which Wanda discovered the trade secret is illegal according to trade secret law.

Yes, because Wanda did not pay the rival firm for its client list.

No, because the firm with the private client list failed to keep it a secret.

No, because trade secret protections disappear when a trade secret is discovered.

 

Ramona purchases a DVD of a copyrighted movie from a store and watches it at home with her family and a few friends.

 

Select the correct classification for this example.

Contributory infringement

Legal use of a copyright license

Fair use

Direct copyright infringement

 

Ursula allows a friend to borrow her copyrighted CD, knowing that her friend intends to make copies of the CD to sell in school.

 

Select the correct classification for this example.

Legal use of a copyright license

Contributory infringement

Fair use

Direct copyright infringement

 

Lisa is the CEO of a corporation. As such, she is authorized to make daily operating decisions for the company on behalf of shareholders.

 

Which type of agent relationship does this represent?

Special agent

Subagent

Independent contractor

General agent

 

Answers

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Status NEW Posted 26 Oct 2020 12:10 AM My Price 20.00

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