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Category > Business & Finance Posted 10 Feb 2021 My Price 10.00

ETH 321 Week 4 Apply Assignment

· 
Bookmark question for later

Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.

·        Tanner: Delagatee; Lil: Delegator; Fin: Obligee

·        Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary

·        Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee

·        Tanner: Delegator; Lil: Delagatee; Fin: Obligee

 

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What is the most likely status of the contract for the scenario?

Jena is contracting with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car, ruining it. The contract is most likely:

·        Enforceable

·        Void

·        Voidable

 

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For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Joy threatens Winston at knifepoint to sign a prenuptial agreement until he complies.

·        Not Guilty

·        Guilty - Fraud in the execution

·        Guilty - Undue influence

·        Guilty - Duress

 

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Based on the details of the scenario, determine what will most likely occur.

Jillian and Chase are making a contract in which Jillian ships beaver pelts to Chase, who then makes the pelts into hats to sell. A year into their contract, it becomes illegal to buy or sell beaver pelts in the U.S.

·        Contract is voided

·        Contract is valid

·        Contract is voided, subject to investigation

·        Contract will be modified

 

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Which of the following would not qualify as valid consideration?

·        Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.

·        Laura buys $100 worth of clothes from Martha on credit.

·        Spencer and Linda sign a contract where Linda buys all her lumber from Spencer and Spencer sells as much lumber to Linda each week as he wants.

·        Bill rents an apartment from his landlord.

 

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Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.

A party can receive __________ damages to restore itself to the position it would have been in if a breach had not occurred.

·        Compensatory

·        Consequential

·        Punitive

·        Nominal

 

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Based on the details of the scenario, determine what will most likely occur.

Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court.

·        Contract is voided, subject to investigation

·        Contract is valid

·        Contract will be modified

·        Contract is voided

 

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Match the status/existence of a contract with the scenario.

Larry posts on the internet that he is offering in-home interior design consultations and that interested customers should schedule an appointment and pay a consultation fee on his website. Brenda sends in a letter with a payment and a scheduled time for Larry to go to her house for a consultation. Which of the following is most likely true?

·        Contract not created

·        Insufficient information to determine

·        Contract created

 

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Based on the details of the scenario, determine what will most likely occur.

Lincoln has been taking advantage of Benson through an unfair contract for several years. Eventually, Benson seeks relief and legal freedom from his contract.

·        Contract is valid

·        Contract is voided

·        Contract is voided, subject to investigation

·        Contract will be modified

 

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For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window” in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window.

·        Not Guilty

·        Guilty - Fraud in the execution

·        Guilty - Undue influence

·        Guilty - Duress

 

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Based on the details of the scenario, determine what will most likely occur.

Stewie, aged 16, has a contract with his guardian to do chores as payment for his food and housing. Stewie decides the contract is unfair and stops doing his chores.

·        Contract is voided

·        Contract is voided, subject to investigation

·        Contract will be modified

·        Contract is valid

 

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Match the status/existence of a contract with the scenario.

Jackie makes a post on Facebook saying she promises to pay $20 to whoever will come pull weeds in her garden. The next day, a stranger pulls Jackie’s weeds and demands $20. Which of the following is most likely true?

·        Contract not created

·        Insufficient information to determine

·        Contract created

 

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Read the scenario and determine what needs to take place based on the resolutions described in the text.

Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.

·        Accord and satisfaction

·        Novation

·        Substitution

·        Force majeure renovation

 

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Read the scenario and determine what needs to take place based on the resolutions described in the text.

Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.

·        Substitution

·        Force majeure renovation

·        Novation

·        Accord and satisfaction

 

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Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.

When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________  damages from the breaching party.

·        Compensatory

·        Nominal

·        Punitive

·        Consequential

 

·  Bookmark question for later

Yolanda and Mack are negotiating a contract deal for sale of goods. Yolanda offers Mack $2 per pound for Mack’s peanuts. Mack wants to sell them for $2.50. Under UCC, what happens when Mack asks for the higher amount, assuming both parties are merchants?

·        Mack cannot make a new offer under UCC – he can only accept or reject Yolanda’s standing offer.

·        Mack’s offer negates the terms of the contract, and a new contract must be drawn up when both parties can meet.

·        Mack’s offer becomes a counteroffer in this transaction, and Yolanda is the offeree.

·        Mack’s change of terms is incorporated into the standing deal.

 

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Examine the following scenario to determine which of the statements below is true concerning trade secrets.

Orlando works for a manufacturing company in its research and development division. After years of research and testing, Orlando finally discovers the secret to a competitor’s efficient manufacturing process. 

·        The competitor has not sufficiently protected its trade secret.

·        The employee is allowed to use the trade secret.

·        The employee may be subject to money damages for using a trade secret.

·        No trade secret exists in this scenario.

·        The answer is dependent on additional details not provided.

 

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Determine the type of property involved for each example.

Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is:

·        Abandoned Property

·        Mislaid Property

·        Gift or Inheritance

 

·  Bookmark question for later

Which of the following shows the correct answer for examples of fanciful trademarks?

·        Adidas, a shoe company: Non-Example; Staples, an office supply company: Non-Example;

·        Adidas, a shoe company: Example; Staples, an office supply company: Non-Example

·        Adidas, a shoe company: Non-Example; Staples, an office supply company: Example

·        Adidas, a shoe company: Example; Staples, an office supply company: Example

 

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Does the following pass the "test" of utility?

A prototype for a drone that can dig soil.

·        Passes test

·        Does not pass test

 

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Does the following pass the "test" of non-obviousness?

A machine that folds shirty perfectly.

·        Passes test

·        Does not pass test

 

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Based on the scenario, what is the classification of the tenancy?

Darla moves into one of Bret’s spare rental units while Bret is away on vacation. Bret doesn’t even notice Darla’s presence until several months later. Darla’s tenancy is best classified as:

·        Tenancy at will

·        Tenancy at sufferance

·        Tenancy for years

·        Periodic tenancy

 

·  Bookmark question for later

Does the following pass the "test" of novelty?

A design for a chair that folds.

·        Does not pass test

·        Passes test

 

·  Bookmark question for later

Determine the ownership status for the scenario below.

Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be:

·        Fee simple absolute

·        Fee simple determinable

·        Indeterminable with the given information

·        Fee simple subject to a condition subsequent

 

·  Bookmark question for later

Based on the scenario, what is the classification of the tenancy?

Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as:

·        Tenancy at will

·        Tenancy at sufferance

·        Periodic tenancy

·        Tenancy for years

 

·  Bookmark question for later

Examine the following scenario to determine which of the statements below is true concerning trade secrets.

Matt is a manager for a seafood restaurant with a famous koi dish recipe the restaurant considers to be a trade secret. The restaurant requires all employees to sign a nondisclosure agreement before learning the recipe. When Matt quits the restaurant, he takes the recipe with him to use at the next restaurant that hires him.

·        No trade secret exists in this scenario.

·        The company has not sufficiently protected its trade secret.

·        The answer depends on additional details not provided.

·        The trade secret may be shared with others outside the company.

·        The employee may be subject to fines for revealing a trade secret.

 

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Which of the following would most likely be considered fair use?

·        Making photocopies of an artist’s canvas and selling them

·        Copying the blueprints for a stylish building to be used for building your own replica.

·        Copying a poem by an amateur poet and publishing it as your own in a poetry contest.

·        Showing a clip of a new movie to draw audiences to come watch the movie in theatres

 

·  Bookmark question for later

Does the following pass the "test" of novelty?

A design for a plate that turns into a bowl.

·        Does not pass test

·        Passes test

 

·  Bookmark question for later

Does the following pass the "test" of non-obviousness?

A pencil with a pen on the opposite side.

·        Does not pass test

·        Passes test

 

·  Bookmark question for later

Determine the ownership status for the scenario below.

Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been:

·        Fee simple subject to a condition subsequent

·        Indeterminable with the given information

·        Fee simple determinable

·        Fee simple absolute

 

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Determine the ownership status for the scenario below.

Ewan offers property he owns to his nephew on the condition he renovates the fixtures on the property by the end of the next year. Ewan’s nephew never finishes the renovations, and the property reverts back to Ewan. Up to this reversion, Ewan's nephew's ownership in the land was:

·        Fee simple absolute

·        Fee simple subject to a condition subsequent

·        Fee simple determinable

·        Indeterminable with the given information

 

Answers

(86)
Status NEW Posted 10 Feb 2021 12:02 PM My Price 10.00

ETH-----------/32-----------1 W-----------eek----------- 4 -----------App-----------ly -----------Ass-----------ign-----------men-----------t-----------

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file 1612968200-ETH 321 Week 4 Apply Assignment.docx preview (1690 words )
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