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READ THE FOLLOWING CAREFULLY, AND ANSWER ALL QUESTIONS.;Mark True or False (2 pts each);1.;Arbitration Awards are generally subject to appeal and review by the courts;2.;As a general rule, all documents filed with the court in litigation are accessible by the;public.;3.;Formal administrative adjudications at the federal level typically include a prehearing;discovery phase.;4.;The law uses an objective standard in determining whether an offer has been made.;5.;Generally, prior to upholding a contract, a court will carefully scrutinize the value of;consideration to be sure that the contract is a fair one.;6.;An offeror may not revoke an offer before the offeree has had a reasonable time in which to;consider it.;7.;Whether a contract is a bilateral or unilateral contract depends upon whether the sale of;goods is involved.;8.;In a unilateral contract, a promise is given in exchange for another promise.;9.;Mutuality of obligation applies only to bilateral contracts.;10.;Courts enforce liquidated damages as a form of a penalty.;1;Name;11.;The Uniform Commercial Code (UCC) treats fixtures as goods.;12.;The UCC has adopted the mirror image rule.;13.;Under the UCC doctrine of commercial impracticability as applied by the UCC, a failure to;perform is a breach even if performance is made impracticable by an event unforeseen by;the contract.;14.;A proposal by a sales representative that is subject to approval by the home office is not an;offer.;15.;As defined by the UCC, good faith involves the observance of objective reasonable;commercial standards of fair dealing but there is no requirement as to honesty in fact.;16.;Most states have adopted the Uniform Electronic Transactions Act.;17.;Most courts require that a plaintiff prove reliance on an express warranty in order to;recover damages for breach of that warranty.;18.;The implied warranty of fitness for a particular purpose may apply to merchants and nonmerchants alike.;19.;In tort law, intent may be transferred.;20.;A professional athlete injured during practice is deemed to have consented to the physical;contact attendant to practice.;21.;A single set of facts may give rise to claims under more than one tort.;22.;Assumption of risk is a defense to the tort of negligence.;2;Name;23.;The Federal Trade Commission takes the position that it is an unfair or deceptive trade;practice under the Federal Trade Commission Act for firms to fail to honor their own;privacy policies.;24.;Trespass may occur below the surface of land.;25.;Playing loud music late at night for recreation in a residential neighborhood can constitute;a private nuisance.;26.;The tort of conversion requires that the defendant know that the goods belonged to the;plaintiff.;27.;Under the Childrens Online Privacy Protection Act, websites are prohibited from;collecting personal information from children regardless of whether parental consent is;obtained.;28.;In most states shopkeepers who detain and later release a shoplifter may be held liable for;false imprisonment even if the detention was reasonable and based on reasonable cause.;29.;An employer may not be held directly liable under tort law for the failure to use care in;issuing a reference.;Select the best answer. (2 pts each);30.;Which of the following is true concerning mediation?;a. A mediator is an unbiased third party appointed to reach a decision concerning the;parties dispute.;b. A mediator is an unbiased third party appointed to gather evidence concerning the;parties dispute.;c. A mediators decisions are enforceable in virtually all U.S. courts.;d. all of the above;3;Name;e. none of the above;31.;Which of the following is true concerning arbitration?;a. An arbitrator is an unbiased third party appointed to reach a decision concerning the;parties dispute.;b. An arbitrator is an unbiased third party appointed to gather evidence concerning the;parties dispute.;c. Arbitration is a more private process than mediation.;d. all of the above;e. none of the above;32.;Which of the following is true concerning litigation?;a. Litigated cases are always decided by a judge.;b. Litigated cases are always decided at a trial.;c. Litigation is neither more nor less private than arbitration.;d. all of the above;e. none of the above;33.;By whom and for what purpose would the aided-in-the-agency theory likely be asserted?;A. By a defending employer in an attempt to show that although an employee was acting;within the scope of employment, the employer should not be held responsible for the;employees actions because the employee was aided by a non-employee.;B. By a plaintiff in an attempt to show that even if an employee was acting outside the;scope of employment, the employer may be liable for the employees action because the;employee was aided by the agency relationship.;C. By a defending employer in an attempt to show that an employee was acting outside the;scope of employment and that the employer should not, therefore, be held liable for the;employees actions.;D. By a plaintiff in an attempt to show that an employee was acting within the scope of;employment and that the employer should, therefore, be held liable for the employees;actions.;4;Name;Fact pattern;Officials of the town of Sunnyville were concerned about the number of dogs running;loose. They set up a new administrative agency called Dog Control. The new agency;issued a regulation that all dogs must be on leash in public. Tony who had moved to;Sunnyville in the previous month did not own a dog and had no plans to get one. He;however, thought the regulation was outrageous and decided to sue on the basis that it was;not validly enacted. Mona, another resident, was also concerned about the law. She rents a;home with a fence in the backyard that was in public view. She was concerned that the;regulation would be applied to her dogs while in the fenced area. She decided to bring a;preemptive strike and sue the city for revocation of the regulation before the city could sue;her. Both Tony and Mona rush to file suit before the city has a chance to take any action to;enforce the new rule.;34.;Refer to the fact pattern above. Which of the following is the best defense the city has;against the lawsuit brought by Tony?;A. That Tony lacks standing to sue.;B. That courts have no authority to determine the validity of agency rules.;C. That Tony lacks permission of the agency to sue since authorization of the agency is;required prior to a lawsuit challenging the validity of an agency regulation.;D. That Tony has not lived in the jurisdiction for at least a year since residence in the;jurisdiction for at least a year is required in order to challenge the validity of a local;regulation.;35.;Contract law is based on which of the following?;A. Case law;B. Statutes;C. Tradition;D. All of the above;36.;Which of the following is true regarding acceptance?;5;Name;A. In the absence of a provision in an offer regarding how acceptance is to be made;acceptance is;effective upon dispatch into a mailbox.;B. Acceptance is never effective until it is received.;C. An offeror may not by law specify that an offer can be accepted only by facsimile to a;stated fax;number and that the acceptance is not effective until actually received.;D. An offeror may revoke an offer so long as the revocation is made before an acceptance;is;received.;37.;Liquidated damages are damages that;A. punish the breaching party;B. fluctuate with the market conditions;C. are agreed upon;D. none of the above;38.;Which of the following was the result in Copeland v. Baskin Robbins, the case on p. 178 of;the text involving the issue of whether a party may be held liable on the theory that the;party wrongfully failed to engage in contract negotiations?;A. That a party may not recover damages based upon breach of an agreement to engage in;negotiations because reliance damages are impossible to compute in such situations.;B. That a party may not recover damages based upon breach of an agreement to engage in;negotiations because no actual contract was ever agreed upon.;C. That a party may be held liable for breaching an agreement to engage in negotiations;regardless of whether the plaintiff establish damages based on reliance on any such;agreement.;D. That a party may be held liable for breaching an agreement to engage in negotiations;but that the plaintiff must establish damages based on reliance on any such agreement.;6;Name;39.;According to the UCC, if no amount of time is specifically stated, a firm offer provided by;a merchant must be kept open for a reasonable period of time, up to _____.;A. one year;B. six months;C. three months;D. sixty days;40.;Under the Convention on Contracts for the International Sale of Goods (CISG), an offer;becomes effective when;A. the offeror sends it;B. it reaches the offeree;C. the offeree reads it;D. the offeree replies;41.;Under the UCC statute of frauds, which of the following terms must be in a writing order to;satisfy the statute?;A. The price;B. The quantity;C. The identity of the parties;D. The time and place for delivery;42.;If a sales contract requires the seller to ship the goods by carrier and specifies the;destination, the risk of loss passes to the buyer;A. when the goods are properly delivered to the carrier.;B. when the carrier tenders the goods to the buyer at the specified destination.;C. when the contract is finalized.;D. when the seller pays for the goods.;43.;When the seller provides the buyer with a document enabling them to pick up goods held at;an independent warehouse, the risk of loss passes to the buyer;A. when the goods are picked up by the buyer.;7;Name;B. when the contract of sale is signed.;C. when the buyer receives the document entitling it to pick up the goods.;D. when the buyer pays for the goods.;44.;Under the UCC, if only one party is a merchant, an acceptance containing additional terms;A. automatically becomes part of the contract unless the offeror objects within ten days.;B. is considered a proposal for additions to the contract.;C. is a counteroffer.;D. has no effect and the contract is accepted without the new terms.;45. Under the doctrine of ________, the plaintiffs negligence is an absolute bar to recovery;against the defendant.;A. contributory negligence;B. comparative negligence;C. contribution;D. indemnity;46.;Which of the following is the best defense to negligence?;A. The plaintiff was a friend of the defendant.;B. The defendant did not intend to harm the plaintiff.;C. The defendant was concerned for the safety of the plaintiff.;D. The plaintiff contributed to his own injuries.;47.;A court order prohibiting a defendant from continuing a certain activity would be called;a(n) _________.;A. injunction;B. indictment;C. edict;D. due care order;8;Name;48.;Under the doctrine of _______ liability, once the court determines that multiple defendants;are at fault, the plaintiff may collect the entire judgment from any one of them, regardless;of the degree of that defendants fault.;A. joint and individual liability;B. cumulative liability;C. contributory liability;D. joint and several;49.;Under the doctrine of ________, the plaintiff may recover only the proportionate amount of;damages attributable to the defendants negligence;A. contributory negligence;B. comparative negligence;C. contribution;D. indemnity;50.;Under which of the following systems may a plaintiff recover for any amount of the;defendants negligence, even if the plaintiff was the more negligent party?;A. Pure comparative negligence;B. Ordinary comparative negligence;C. Contributory negligence;D. Assumption of the risk;ESSAY QUESTIONS;1.;Read the following story and answer the questions below. Give thoughtful answers;identifying the facts and explaining the law that supports your answers. (Hint: Spend a;good deal of time carefully reading them and identifying the key facts and the issues raised;before you start writing your answer.) (150 pts);9;Name;Jack Wannabee is a smart man with many good ideas. He is a hard worker in his own;way. However, he is a bit of a dreamer, and has never been in business for himself. He believes;lawyers are expensive, and that a mans word and a hand shake are as good as any written;contract. He has spent years as a full time Engineer with a Los Angeles firm, but has always;dreamed of being his own boss.;In 2008, Jack designed some souvenirs related to the entertainment industry, and formed;a corporation called Hollywood Gifts, Inc. (HGI). HGI signed license agreements authorizing;it to use several entertainers autographed photos on the products, the license rights are limited to;A&M, and no third party may sell the celebrities names or likenesses. Jack is the sole officer;director and shareholder of HGI, in fact, he is the companys only employee. Further, because;he works full time at his Engineering job, he does not want the responsibility of having any;employees. To keep his Engineer job while building HGIs business, Jack uses sales;representatives who market and sell the products to hotel gift shops and small retail stores around;the United States. Each sales person solicits customers in their state, and issues a standard form;HGI quotation which identifies the products offered, states the price and the delivery date, and;states the order is accepted upon receipt by HGI. The sales person then receives the orders and;forwards them to HGI. Jack then simply forwards the orders on to ABC Products, Inc., a Los;Angeles firm owned by his brother-in-law, and ABC produces the products for $3 each. Because;Jack has a full time job outside of HGI, he encourages the sales representatives to notify ABC;directly of their orders, to ensure the orders receive prompt attention. When the goods are ready;for delivery, ABC places HGI labels on the product packages and ships them directly to the HGI;customers.;The license agreements with the entertainment personalities require HGI to pay a royalty;of $1 for each licensed product for which HGI actually receives payment from a customer.;There are no written agreements between HGI and ABC or between HGI and its sales;representatives. Jack informed each sales person that they are independent contractors and are;on their own and must cover their own expenses, but that they will be paid a 50 commission;on each sale in their state. HGI often advances expenses to sales people when necessary as an;incentive to keep them motivated. HGI also gives them HGI business cards identifying them as;10;Name;a Sales Representative, and has told them that so long as they work diligently to sell HGI;products, they will not be terminated without good cause.;The arrangements described above worked well for several years, without any problems.;Bob Jones is the sales representative for Nevada. In 2012, he secured an order from the;Casino Royale Hotel in Las Vegas for 10,000 souvenirs which were to have the words Casino;Royale stamped on them, the price specified was $10 each. Jones forwarded the original order;to HGI, and an email summary of the order, without prices, to ABC. However, the email to;ABC contained a typographical error stating the words to be stamped on the goods were Casino;Royal. Jack was on vacation, so the original order was not reviewed or forwarded to ABC.;Jacks brother-in-law was familiar with the Casino Royale Hotel in Las Vegas, and knew HGI;was trying to sell souvenirs to that hotel. He did not know what Casino Royal meant, but he;promptly acted on Jones email, and ABC produced and shipped the goods. When the items;were delivered, the hotel rejected them as non-conforming, and threatened to sue HGI for breach;of contract and breach of warranty. When Jack complained to ABC, his brother-in-law insisted;the goods conformed to the email received from Jones, and demanded payment. Jones;demanded he either be paid his commission on his sale of 10,000 souvenirs, or be compensated;as a HGI employee. Jack denied HGI had entered into any contract with the hotel, denied HGI;had ordered the goods from ABC, and denied it was responsible for Mr. Jones email, claiming;Jones had no authority to obligate HGI. Jack also denied that Jones was entitled to any;commission, denied he was an HGI employee, and terminated Mr. Jones. Two weeks later, Jack;learned that his brother in law had given 100 copies of the entertainers signed photographs to his;teen-age daughter who had sold them to her friends for $5 each.;Answer the following questions. Refer to the facts above and the law you studied in this;course to support your answers.;1.1;Identify all contracts which the facts above indicate were entered into, including the parties to;each contract, and how each contract was formed. Be sure to refer to the facts and the law to support;your answers.;11;Name;1.2;Will Mr. Jones be considered an A&M employee or an independent contractor? Why?;1.3;For each contract you believe exists, explain whether the U.C.C. applies, and why or;why not.;1.4;Was there a breach of any contract referred to in the story related above?;(a) If so, which contract(s), by whom, and how? Be sure to refer to the facts evidencing;the contract and how it was breached.;(b) For each contract that was breached, what remedies are available to the injured party?;1.5;Was there a breach of any warranty in connection with any contract described in the;story? If so, what warranty or warranties were breached in which contract(s), by whom, and;how?;1.6;Could HGI have avoided some of the problems above by using written contracts with its;suppliers, customers and sales representatives? If so;(a) What terms could/should HGI have put in a written contract with ABC?;(b) What terms could/should HGI put in a written contract with Bob Jones?;(c) What terms could/should HGI include in its standard form quotations issued by its;sales representatives?;1.7;Were any torts committed in connection with the events described in the story? If so;what torts were committed, by whom, and how? Be sure to discuss the facts and the law that;support your answer.;Give short, succinct answers: (10 pts each);1.;Describe the following terms, indicating how they are different from each other;(a) Demurrer;(b) Default;(c) Summary Judgment;(d) Directed Verdict;(e) Judgment Notwithstanding the Verdict;2.;Identify an existing company that you believe successfully achieves profitability as well;as social responsibility, and explain why you believe that company is achieving both.;12;Name;3.;What qualities would you add to the Manager value matrix referred to on page 41 of;the text? Why?;4.;Based on what you have learned in this course, describe briefly in your own words the ways you;believe law can function to add value to business.;5.;Based on what you have learned in this course, describe briefly in your own words the ways you;believe ethics can function to add value to business.;Extra;6.;Maurice is a fairly new director at ABC Corp. Peg, another director, tells him that she;believes that the company is in Revlon mode and that the directors should act accordingly.;What is Peg referring to, and what action is she suggesting the directors take if the;company is in Revlon mode?;13


Paper#17726 | Written in 18-Jul-2015

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