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BUSINESS LAW

Terms in this set (50)

The Family and Medical Leave Act:
applies to private employers with 50 or more employees.
Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?
All of the above.
The Federal Employee Polygraph Protection Act:
prohibits private employers (with some exceptions) from using lie detector tests or test results as grounds for adverse employment decisions.
The tort of invasion of privacy actually consists of:
All of the above.
A defense available to the employer in an action for workers' compensation is that:
the employee's injury happened before he came to work.
Claims of unequal pay for jobs of comparable worth may be brought under:
Title VII.
Sexual harassment is an illegal form of sexual discrimination that includes:
All of the above.
The __________ is responsible for enforcing federal anti-discrimination laws.
EEOC
Social Security benefits are funded by:
taxes paid by both employers and employees or by self-employed persons.
The basic enforcement mechanism of __________ is a system of on-site inspections by safety and health inspectors.
OSHA
A corporation formed in substantial compliance with the incorporation statute and the required organizational procedures is a:
de jure corporation.
A partner has all but which of the following duties?
A duty not to engage in any other business while a partner.
Which of the following would lack the capacity to become a partner?
An adjudicated incompetent.
A partner may bind the partnership by her act if she has:
Both (a) and (b) are correct.
Actual authority terminates upon:
dissolution of the partnership.
The definition of a limited liability company includes that:
All of the above.
An LLC's limitation on liability will not affect the liability of a member who:
Both of the above.
All of the following are characteristics of a corporation EXCEPT:
it is usually managed by its shareholders.
A corporation is considered a citizen:
Only (a) and (b).
Who was the primary author of the U.S. Constitution?
Gouverneur Morris
The usual remedy for breach of contract is:
money damages.
Arlene signs an employment contract to work for a local business, Davis Restoration, for one year but is wrongfully discharged after three months. In order to recover from Davis full pay for the remaining nine months of her contract, Arlene:
must use reasonable efforts to mitigate her damages by seeking other employment, even if she does not find another job.
Miller made a contract to sell his condominium to Jefferson for $80,000. Two days later Miller changed his mind after discovering that he could have sold the property to another buyer for an additional $20,000. Jefferson sues and asks the court to have the property conveyed to him at the price of $80,000. Jefferson is seeking:
specific performance.
According to the "American Rule," when contracting parties litigate over a breach:
each party pays its own attorney fees, regardless of who wins.
A small breach of contract damage amount fixed without regard to the amount of loss is known as:
nominal damages.
The process whereby a court "rewrites" or "corrects" a written contract to make it conform to the true intentions of the parties is:
reformation.
A power of avoidance held by a party may be lost if:
All of the above.
Contract damages that put the injured party in as good a position as if the other party had performed
compensatory damages.
Carolyn agrees to sell Marianne an antique handmade lace tablecloth for $1,500. When Carolyn discovers that her cousin wants it too, she breaks the contract with Marianne. Marianne can ask the court to order:
specific performance.
Bartow signed a contract to coach baseball for Washington High for a period of three years. After two years he is offered and accepts an assistant coaching position at State University. Contract law will not allow Washington High to ask for:
Correct!
specific performance of his contract.
An express condition is usually preceded by which of the following terms?
All are correct
Which of the following is a contract with a condition subsequent?
Roger bought a VCR but he may return the VCR within ten days and get all of his money back.
Bill recently borrowed $50 from Ricardo for a couple of weeks. Bill, still short of cash, tells Ricardo, "I will wash and wax your car in exchange for the $50 I owe you." Ricardo tells Bill, "OK, that's great!" Ricardo's performance of his new duty will be:
a satisfaction
Ashley contracted to perform on her horse, Coronation, in the opening ceremonies of the World Equestrian Games. If, before the event, Coronation pulls a tendon in its leg and Ashley has to cancel her appearance, this is a case of:
objective impossibility, which discharges Ashley's contractual duty.
On November 1, Paula and Roberta enter into a contract where both parties are obligated to perform on December 31. On December 1, Paula tells Roberta, "I can, in no way, perform my duties in our contract." This statement is:
anticipatory repudiation.
Rebecca sees a pair of beautiful silver shoes in a store window. She goes in and tells the shopkeeper, "If I am asked to the prom, I will buy those shoes. Please hold them for me." If the shopkeeper signs a note that says, "Will hold for Rebecca silver shoes, style 1028, size 8," will he have to honor that promise?
Yes, and there is a condition precedent to the contract of sale.
Which of the following would be considered a material breach of a contract?
Both (a) and (b) are material breaches.
Bob, the tax accountant, promises to do Marge's individual federal, state, local, and gift taxes for the year. He completes all but the gift taxes. Under the substantial performance doctrine, Marge will:
have to pay Bob for all but the gift taxes.
The definition of "discharge by breach" is:
wrongful failure to perform the terms of a contract that gives rise to a right to damages by the injured party.
Jim contracted with Kevin to serve as a guide for Kevin on his three-week fishing trip to Canada. The contract was made on April 1 with the trip to begin on June 1. On May 1, Kevin notified Jim that he had changed his mind and would be unable to make the trip. He also refused to pay Jim any compensation. In this case:
Both (b) and (c) above are correct.
A(n) __________ is a method of discharging a contract in which a third party becomes bound upon a promise to the obligee.
novation
A(n) __________ is a third party who obtains possible benefits but no rights under a contract.
incidental beneficiary
A(n) __________ is an intended beneficiary of a contract who receives the benefits of the contract as a gift.
donee beneficiary
Which of the following duties would not be delegable?
Arthur has a duty to teach an accounting class at a community college during the fall semester.
Annette entered into a contract with a local truck dealer to have a new truck delivered to her daughter, Sue, as a graduation present. In this contract, Sue is:
a donee beneficiary.
A transfer to a third party of a contractual obligation is known as a(n):
delegation of duties.
Courts will enforce contracts for the benefit of all but which of the following?
Incidental beneficiaries
When contract terms prohibiting the assignment of rights exist, most courts will:
All choices are considered
Which of the following is NOT true concerning the requirements for an effective assignment?
Consideration is required
All but which of the following is true about a delegation of duties?
The courts will examine an assignment more closely than a delegation.
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