management exam 2

43 terms by emma_linden 

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Most criminal liability depends on the performance of a prohibited act.

true

Under the exclusionary rule, all evidence must be included in a criminal prosecution.

false

Any crime that requires knowledge of computer technology for its perpetration is a computer crime.

true

Phishing occurs when a criminal poses as a member of the rock group Phish

false

A contract is void if its purpose is illegal.

true

An offer that a statute makes illegal automatically terminates the offer.

false

To be legally sufficient, consideration must include something of economic value.

false

A minor may not contract with an adult.

true

Under the Statute of Frauds, all contracts must be in writing to be enforceable.

false

The most common way to discharge a contract is by breach.

false

Punitive damages are almost never available in contract disputes.

true

Liquidated damages provisions are usually not enforceable.

false

Rescission advances the contracting parties to the position they would have been in if the contract had been fully executed.

false

Under the UCC, a sales or lease contract will fail for indefiniteness if one or more terms are left open.

false

Acceptance of goods is presumed when a buyer or lessee fails to reject the goods within a reasonable time.

true

To constitute an express warranty, a representation must be in writing.

false

Merchants are required to warrant that the goods they sell or lease are fit for the particular purpose for which a buyer or lessee will use the goods.

false

The purpose of tort law is to punish criminal wrongdoers.

false

Repeated annoyances coupled with threats are sufficient to recover for the infliction of emotional distress.

false

The use of a person's likeness for commercial purposes without permission is not an invasion of privacy.

false

A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.

true

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. any period of time. b. more than one year. c. more than six months. d. more than ten days.

b. more than one year

Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store's daily cash flow. One night, without Val's knowledge or consent, Xavier takes and keeps $500 from the receipts. This is most likely a. embezzlement. b. larceny. c. robbery. d. no crime.

a. embezzlement

Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense a. insanity. b. duress. c. entrapment. d. self-defense.

b. duress

Travis sends Ursula a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is a. identity theft. b. no crime. c. regifting. d. Windows shopping.

a. identity theft

Paco offers to pay Quik Delivery (QD) $50 if it picks up and delivers to him a package from his accountant Rupert within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have a. a bilateral contract. b. a trilateral contract. c. a unilateral contract. d. no contract.

c. unilateral contract

Debit & Credit Accounting Services and Brickwork Construction Company negotiate a contract. If it has all of the elements necessary for one of the parties to enforce it in court, it is a. a valid contract. b. a voidable contract. c. a void contract. d. an unenforceable contract.

a. a valid contract

New Cell Phone Company offers to buy a laser printer, with a case of paper and an extra cartridge, from Office Products, Inc. (OPI), for $200. Paul, OPI's representative, says, "Okay, but no paper and no extra cartridge." Paul has a. accepted the offer. b. made a counteroffer without rejecting the offer. c. rejected the offer and made a counteroffer. d. rejected the offer without making a counteroffer.

b. made a counteroffer without rejecting the offer.

Genie.com initiates an online dating service. To attract subscribers and encourage participation, Genie.com creates and posts profiles of fictitious persons and exaggerated profiles of actual users. Fooled by the false profiles, Ham buys a subscription. He is most likely a victim of a. undue influence. b. fraud. c. mistake. d. nothing.

b. fraud

Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a contract. To be enforceable, the contract must be in writing if it involves a. an interest in land. b. an air filter that costs less than $500. c. collateral for a loan. d. a service that can be performed within less than a year.

a. an interest in land

Juana contracts to sell Ignacio her MP3 player for $30. This contract will be fully discharged when Juana and Ignacio a. agree to sign a bill of sale. b. exchange the player for the $30. c. sign a receipt. d. shake hands and go their separate ways.

b. exchange the player for the $30

Handy Hardware Store agrees to hire Ilsa for one year at a salary of $500 per week. When Handy cancels the contract, Ilsa spends $100 to obtain a similar job that pays $450 per week for a year. Ilsa is entitled to recover a. the amount of the wages that Handy promised only. b. the difference between the wages at the two jobs only. c. the difference between the wages at the two jobs plus $100. d. $100 only.

c. the difference between the wages at the two jobs plus $100

Lava Excavators, Inc., needs a drill to continue its operations and orders one for $3,000 from Mining Supplies Company. Lava tells Mining that it must receive the drill by Tuesday or it will lose $10,000. Mining ships the drill late. Lava can recover a. $13,000. b. $10,000. c. $3,000. d. $0.

b. $10,000

Erte holds 1,000 pounds of perishable fruit in storage for Fresh Stuff Corporation. Fresh Stuff does not pay for the storage. Erte sells the fruit to Green Grocers, Inc. This sale represents a. a breach of contract. b. a mitigation of damages. c. rescission and restitution. d. specific performance.

b. a mitigation of damages

Rikki and Sid enter into a sales contract for tennis equipment. With respect to the specific contractual provisions set out in the UCC, Rikki and Sid may a. agree to different terms only to a reasonable extent. b. agree to different terms unless they "get caught." c. agree to whatever terms they wish. d. not agree to different terms.

c. agree to whatever terms they wish

Gleaming Gem Corporation agrees to sell Jewelry Outlets, Inc. (JOI), fifty new diamonds, but the contract does not specify a place of delivery. JOI is expected to pick up the goods. The place of delivery is a. Gleaming's place of business. b. JOI's place of business. c. the Annual Gems and Jewels Convention. d. the U.S. Postal Service office nearest to JOI's place of business.

a. Gleaming's place of business

Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is a. an express warranty. b. an implied warranty. c. a warranty of title. d. puffery.

b. an implied warranty

Good Tire Company and Hiway Auto Service enter into a contract for a sale of tires. Good Tire is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises a. automatically in sales contracts. b. only if the buyer asks for it. c. only if the seller does not expressly disclaim it. d. only in conjunction with lease contracts, not sales contracts.

a. automatically in sales contracts

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is a. a corporate officer. b. a non-employee. c. a private individual. d. a public figure.

d. a public figure.

Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely a. appropriation. b. conversion. c. no tort. d. slander of quality.

a. appropriation

Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely a. an invasion of privacy. b. defamation. c. trespass to personal property. d. wrongful interference with a contractual relationship.

a. an invasion of privacy.

Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store without permission. Hilliard is liable for a. appropriation. b. conversion. c. disparagement of property. d. wrongful interference with a business relationship.

b. conversion

Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of a. a realistic person. b. a reasonable person. c. a recognizable person. d. a reliable person.

b. a reasonable person

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