Question;Eagle Manufacturing, Inc., contracted with Digital Repair Services to maintain Eagle's computers. A "Liquidated Damages Clause" provides that Digital will pay Eagle $500 for each day that Digital is late in responding to a service request. If Digital is three days late in responding, and Eagle sues to en?force this clause, Eagle willlose, because liquidated damages clauses violate public policy.lose, unless the liquidated damages clause is determined to be a penalty.win, because liquidated damages clauses are always enforceable.win, unless the liquidated damages clause is determined to be a penalty.Louie, Hughie, Dewey, and Daffy Duck formed a partnership. Since they had a lot in common and were good friends and had high hopes, they did not include in their partnership agreement a provision pertaining to the expulsion of a partner. Unfortunately, acrimony developed and now Louie, Hughie, and Dewey vote to expel Daffy from the partnership. The legal result can be:There is no legal effect on the partnership since majority rules.Daffy can dissolve the partnership and force a liquidation and termination.The partnership is dissolved, and, with Daffy's agreement, he is paid his interest in the partnership, and the partnership continues with Louie, Hughie, and Dewey.B and C.0.5 points Question 3Kitchen Products, Inc. (KPI), makes knifes and other utensils. Jay is injured while using a KPI knife, and sues the maker for product liability based on negligence. KPI could best successfully defend against the suit by showing thatJay's injury resulted from a commonly known risk in using a knife.Jay misused the knife in a foreseeable way.KPI did not sell the knife to Jay.the knife was not altered after KPI sold it.0.5 points Question 4Lee, a salesperson for Midsize Corporation, causes a car accident while on business. Lee and Midsize are liable toall those who were injured.only those who were uninsured.only those whose injuries could have been reasonably foreseen.only those with whom Lee was doing business.0.5 points Question 5Beth offers to buy from Chris a used computer, with a monitor and printer, for $400. Chris says, "OK, but I must have $200 more for the monitor and printer." Chris hasaccepted the offer.made a counteroffer without rejecting the offer.rejected the offer and made a counteroffer.rejected the offer without making a counteroffer.0.5 points Question 6Stephanie and Melissa agree to have their business disputed mediated. The mediator carefully listens to both parties and then makes a recommendation favoring Melissa. Stephanie refuses to accede to the mediator's recommendation. What can Melissa do?Sue Stephanie for fraud and deceit for not obeying the mediator.Nothing since mediation is generally not binding.Sue Stephanie for breach of contract for not agreeing with the mediator's recommendation.Request that the state attorney general prosecute Stephanie for theft for wasting her and the mediator's valuable time.0.5 points Question 7Ron contracts to repair Stu's building for $30,000. Payment is to be made "on the satisfaction of Tina, Stu's architect." Stu tells Tina not to approve the repairs. Ron sues Stu for $30,000. Ron likely willwin, because Stu is not acting reasonably and in good faith.win, because Tina is Stu's architect.lose, because Ron is not acting reasonably, honestly, and in good faith.lose, because Tina has not expressed satisfaction with the work.0.5 points Question 8Dave and Earl decide to open a restaurant and operate the business as a corporation. At the directors' initial meeting, the directors mayadopt articles of incorporation only.adopt bylaws only.choose a corporate name only.adopt articles of incorporation and bylaws and choose a corporate name.0.5 points Question 9Local Delivery Company and Regional Trucking, Inc., attempt to enter into a contract in electronic form. Under the Electronic Signatures in Global and National Commerce Act (E?SIGN Act), because this contract is in electronic form, itmay be denied legal effect.may not be denied legal effect.will be limited to certain terms.will not be enforced.0.5 points Question 10Under the employment at will doctrine as a general rule:either party may terminate the employment relationship at any time and for any reason.the employer may terminate the employment relationship at any time and for any reason but must pay the employee severance payonly the employee may terminate the employment relationship at any time and for any reason.only the employer may terminate the employment relationship at any time and for any reason.0.5 points Question 11Pat is a director of Quik Buy, Inc. Without informing Quik Buy, Pat goes into business with Fast Sales, Inc., to compete with Quik Buy. This violatesthe business judgment rule.the duty of care.the duty of loyalty.none of the above.0.5 points Question 12Jim and Gail contract for the sale of 500 computers. The agreement states, "The obligations of the parties are conditional on Gail obtaining financing from First Bank by August 1." This clause likely isa condition precedent.a condition subsequent.a concurrent condition.not a condition.0.5 points Question 13McDonalds, Burger King, and Wendy's agree to divide up the Florida Keys into three exclusive territories with McDonalds having Key Largo and the northern Keys, with Burger King having Marathon the middle Keys, and with Wendy's having Key West and the lower Keys. They agree not to compete with each other in the others' territories. This agreement is:a.Illegal per se horizontal territorial division pursuant to the Sherman Actb.Illegal per se vertical territorial division pursuant to the Sherman Actc.Legal if the three fast-food chains can convince the court that by means of the agreement they will be able to compete more forcefully in their respective territories against KFC, Subway, Pizza Hut, and Taco Bell, and thereby benefit consumers.d.Legal if approved by the Florida Keys Chamber of Commerce and Better Business Bureau.0.5 points Question 14Alvaro and Franco are forming a corporation and preparing the articles of incorporation. What provision must be in the articles?A corporate name with an indication of "corporateness," such as "Inc."The names and addresses of majority or controlling shareholders.Evidence of U.S. citizenship for the directors.All must be in the articles.0.5 points Question 15Yard Work, Inc., makes and sells garden tools. Under the strict liability doctrine, a tool could be unreasonably dangerous and defectiveonly if, in making the tool, Yard Work failed to use a less dangerous but economically feasible alternative.only if the tool is dangerous beyond the ordinary consumer's expectation.if, in making the tool, Yard Work failed to use a less dangerous but economically and practically feasible alternative.none of the above.0.5 points Question 16Curt, personnel director for Digital Products, Inc., prefers to hire Asian Americans, because "they're smarter and work harder" than other minorities. This is pro?hibited bythe Age Discrimination in Employment Act of 1967.the Americans with Disabilities Act of 1990.Title VII of the Civil Rights Act of 1964.none of the above.0.5 points Question 17Superb Auto Sales sells cars, trucks, and other motor vehicles. A Superb salesperson tells potential customers, "This is the finest car ever made." This statement likely isan express warranty.an implied warranty.a warranty of title.puffing.0.5 points Question 18Poole Company enters into a contract to build a pool for homeowner for $20,000. During the construction process, Poole discovers the remnants of a big, old, partially buried, tree trunk on the property. Poole can remove it but it will add additional time and cost to the project. Accordingly, Poole asks homeowner for an extra $1000 to complete the job, which homeowner reluctantly agrees to. When the tree trunk is removed and the job is finished, Homeowner only pays the original $20,000. Poole Company sues for the promised additional $1000. The likely result of the lawsuit will be:Poole will prevail since homeowner clearly breached the promise to pay $1000.Poole will prevail since it is a fair result since everyone knows how difficult it is to remove old tree trunks.Poole will prevail since $1000 was very reasonable consideration under the circumstances.Poole will lose as it gave no new consideration for the promise to pay the additional $1000.0.5 points Question 19Jill sells her business to Kyle and, as part of the agreement, promises not to engage in a business of the same kind within three miles for one year. This promise is generallyan unreasonable restraint of trade.unreasonable in terms of geographic area and time.unreasonable in terms of Kyle's "goodwill" and "reputation."valid and enforceable.0.5 points Question 20Dan assigns to Evan a contract to buy a used car from Fran. To be valid, the assignment mustbe in writing and be signed to Dan.be supported by adequate consideration from Evan.not be revocable by Dan.not materially increase Fran's risk or duty.Submitted:4 days ago.Category:Multiple ProblemsShare this conversationExpert: FiveStarLaw replied 3 days ago.Hi,Welcome to JustAnswer! I am here to help you with your work today.It looks like you have 20 questions that you need assistance with. What is your deadline?I know that privacy is very important. Please let me know if you would prefer to work privately and directly via e-mail.Thank you,EllenFiveStarLawAsk Your Own Multiple Problems QuestionCustomer: replied 3 days ago.my deadline is tomorrow...Expert: FiveStarLaw replied 3 days ago.Ok - I am sending you an offer. Please accept the offer and then send me an email so I know where to send the answersFiveStarLaw, Doctoral DegreeCategory:Multiple ProblemsSatisfied Customers:36638Experience:Lawyer, Accountant and ResearcherFiveStarLaw and other Multiple Problems Specialists are ready to help youAsk your own question nowCustomer: replied 3 days ago.can i just get the answer asap? i dont want no offerExpert: FiveStarLaw replied 3 days ago.I shall send my suggested answers tomorrowAsk Your Own Multiple Problems QuestionExpert: FiveStarLaw replied 3 days ago.Hi,Please send me an email so that I know where to send my suggested answersAsk Your Own Multiple Problems QuestionCustomer: replied 3 days ago.*****@******.***Expert: FiveStarLaw replied 3 days ago.I cannot see the email. You need to send an email to meAsk Your Own Multiple Problems QuestionCustomer: replied 3 days ago.I JUST SENT THE EMAILExpert: FiveStarLaw replied 3 days ago.I sent the suggestions!Ask Your Own Multiple Problems QuestionCustomer: replied 3 days ago.Which of the following is a correct statement?The third test of Kant?s Categorical Imperative ? the Agent-Receiver test ? allows people to exempt themselves from moral rules if there are extenuating business circumstances.One is acting morally, according to Kant, when one seeks to maximize the happiness of oneself.One problem with Kantian ethics is that two secondary moral rules can pass the supreme test of the Categorical Imperative, yet the rules can conflict.An ethical system that emphasizes the consequences of a decision is known as a deontological or duty-based one.0.5 pointsQuestion 2Which of the following is NOT a correct statement?For Machiavelli, virtue, ethics, and morality are instrumental values.If all else fails in the pursuit of power, Machiavelli would counsel that one must be prepared to use the ?good? acts and ?virtuous? means of manipulation, deception, coercion, and even murder.Machiavelli draws no distinction between morality in the public arena and the private sphere.If absolutely necessary to secure one?s business promotion, Machiavelli would advise sabotaging the career of one?s competitor by making false and anonymous accusations of immorality on the company?s ethics ?hot line.?0.5 pointsQuestion 3Adam is a Legal Positivist. Adam likely believes thatthe law should be applied the same in all cases in all circumstances.the law should re?flect universal principles that are part of hu?man nature.the law should not follow decisions made in past cases.the written law of a society at a particular time is the most significant standard of morality.0.5 pointsQuestion 4According to the Natural Law theory of John Locke,a.All people are equal and free by the Law of Nature.b.One important reason by people in the State of Nature band together and form governments is to protect property rights.c.The Natural Law is the only true standard of morality.d.All of the above.0.5 pointsQuestion 5Which of the following statements is correct?Intrinsic values are deemed to be good because of their consequences and because they are a desired means to an end.Moral rules, as well as exceptions to moral rules, are established by means of ethical principles.There are no important differences between social conventions and moral rules.Most moral questions have clearly demonstrable correct answers that can be scientifically established.0.5 pointsQuestion 6Which of the following is NOT an accurate statement?One problem with utilitarianism is that there is no principle in the theory to determine how the greater good should be distributed.The effect of an action on society as a whole always will be an important factor in any utilitarian calculation.One problem with the Act version of utilitarianism is that it is subject to the rationalization of pre-determined moral judgments.The Rule version of utilitarianism requires that individual, unique, particular, concrete actions be subject to the utilitarian test.0.5 pointsQuestion 7Which of the following is NOT an accurate statement about the Utilitarian ethical theory?It determines the moral worth of an action based on what a society believes is morally rightIt may allow the personal interests of individuals to be sacrificed in that the collective good be attainedIt is usually regarded as a consequentialist ethical theoryIt determines the moral worth of an action by whether the action achieves the greatest overall balance of satisfaction over dissatisfaction.0.5 pointsQuestion 8Which of the following statements is correct?To be successful, Machiavelli would advise a business leader to always adhere to traditional conceptions of morality.Machiavelli regards conventional ?badness? as a tactic to be used continually and regularly.One problem with Machiavelli?s philosophy is that a person who aggressively seeks power and maintains power by ?machiavellian? means may find himself or herself corrupted by this singular pursuit of power.Ethical emotism is a theory in which the correct answers to moral issues can be debated in a logical and principled manner.0.5 pointsQuestion 9Which of the following statements is not accurate?One problem for business today is not that business people are immoral or amoral, but that they may be ethically ignorant and/or unaware.Typically, it is easier for most business people to deal with economic and even legal issues than moral ones.In the field of moral philosophy, ethics and morality are usually treated as synonymous terms.Ethics is the theoretical study of morality, whereas morals are views as to what is right or wrong or good and bad.0.5 pointsQuestion 10Jaquanda, a lawyer, on the staff of International Marketing Group, applies the Utilitarian theory of ethics in business contexts. Utilitarianism focuses onA set of legal valuesAristotle?s Doctrine of the MeanThe consequences of an actionThe nature or form of an action.Question 1Corporate ethics codes and ethics departments today are:Usually required for all corporations by Congressional legislation in the United States.In the long-term ethical egoistic interest of the corporation.Indications to the corporation's stakeholders that it is committed to moral behavior.B and C.0.5 pointsQuestion 2The Principle of Last Resort holds that:One has a legal duty to rescue a person in needOne may have a moral duty to rescue a person in needIf one is the last real chance to rescue a person in need, one is always acting immorally by failing to rescueThe law will always immunize a person from a negligent but good faith rescue attempt.0.5 pointsQuestion 3The Pollution Credit Plan in the U.S. is:Immoral pursuant to Kantian ethics since some communities will be afflicted with legal pollution.Moral under Utilitarianism since overall pollution will be reduced.Moral pursuant to Ethical Egoism for the companies who buy and sell pollution credits and the trades who broker them.All of the above.0.5 pointsQuestion 4A satisfactory approach to moral business decision-making would encompass:Doing well for the company as per Ethical Egoism.Acting morally for the "greater good" as per Utilitarianism.Achieving this "greater good" without demeaning or disrespecting anyone as per Kantian ethics.All of the above.0.5 pointsQuestion 5A procedure which can be best used to assess the moral health of a corporation is the:Social auditCorrupt practices inventoryMoral auditLegal audit0.5 pointsQuestion 6Whistleblowing may be morally required when:A code of ethics requires it.Kantian ethics demands it as the morally right thing to do.The DeGeroge whistleblowing ethics principle applies.All of the above.0.5 pointsQuestion 7What are some of the challenges is determining a "moral minimum wage" to be paid to one's employees in a manufacturing facility in Cambodia?a.One must attempt to determine what the prevailing wage rate is in the pertinent labor market - both industry and geographic.b.One must determine what the legal minimum is, if any, and if there is one whether that law is enforced by the government.c.One must ascertain what ethical theory one is going to apply to determine what exactly the "moral minimum wage is.d.All of the above.0.5 pointsQuestion 8Applying Aristotle's Doctrine of the Mean to corporate social responsibility, one can best say that:A company should give generously to local charities or else it will get a reputation in the community for being mean.A company need not get involved in civic and community affairs and give to charities unless legally obligated to do so.A company should focus on profit first but also do "good deeds" in the community but in a prudent manner.A company should require its employees to donate their own money and time to charities but make sure that the company gains the good reputation from their efforts.0.5 pointsQuestion 9Which of the following statements is incorrect?A theory that says that morality and ethics should be based on law is called Legal Positivism.When a person looks to an outside source for moral rules or commands, he or she might be characterized as an ethical emotist.An ethical theory that maintains that people must choose the action of follow the rule that provides the greatest good to society is called Utilitarianism.An ethical theory that says that people owe moral duties that are based on universal rules is called Kantian ethics.0.5 pointsQuestion 10Which of the following is the most correct statement?A true code of ethics will have a general constituency or stakeholder obligation section, but need not have a moral practices or rules section.To be effective, a code of ethics must contain an adherence statement in which not only the employees but also the company itself agrees to be bound by the code.A company's ethics workshop or training must always be conducted by an attorney since all moral questions are legal issues too.An employee may be morally required to engage in "whistleblowing" but only if the employee is protected by a federal or state whistleblower protection statute.Question 1A problem with the Last Resort principle when applied to business is:Does business have the capability to help and to aid the community and local charities?Is business the last real alternative to help and to aid the community and local charities?:Are there potential legal liability issues for helping, aiding, and rescuing?All of the above.0.5 pointsQuestion 2Gamma, Inc., a U.S. corporation, makes a large "side payment" to the minister of commerce of another country for a very favorable business contract. In the United States, this payment generally would be consideredillegal and unethical.illegal only.neither illegal nor unethical.unethical only.0.5 pointsQuestion 3Advocate Antonio believes that corporations should not only be held accountable for their financial states, but also for some level of charitable and community and civic involvement. Antonio's beliefs would most likely be defined as:A code of ethicsA social responsibility viewA corporate moral auditA distributive justice legal theory.0.5 pointsQuestion 4Corporate codes of ethics can be derived from principles obtained from:Legal sourcesUtilitarianismKant's Categorical ImperativeAll of the above.0.5 pointsQuestion 5Private sector employer monitoring, surveillance, and searches of employees is:a.Legal constitutionally when the employer is a private sector one and not a government employer.b.A legal invasion of privacy and thus an intentional tort if conducted in a very intrusive manner which infringes on the personal privacy of the employees.c.A moral wrong according to Kant if conducted in a disrespectful and demeaning manner.d.All of the above.0.5 pointsQuestion 6CEO Alfredo is a devout believer in freedom of contract and the free use of one's private property. Considering these facts, which of the following may best be classified as an accurate statement about Alfredo?He will always follow the Utilitarian approach to the resolution of moral issues in business.He is a socially responsible "satisfier" rather than a profit-maximizer.He is not a Natural Rights believer.He is not disqualified from being an ethical thinker and actor concerning business-related moral issues.0.5 pointsQuestion 7Which of the following is NOT a correct statement?Ignorance will always excuse a person from any responsibility for acting immorally.The principle of Last Resort indicates when a person has a legal obligation to act.Acting immorally can be argued as acting imprudently against one's self-interest.One's role as a member of a profession may require a degree of socially responsible behavior.0.5 pointsQuestion 8Maria owns her own business and has just attended a cash flow management seminar where it was suggested the businesses should delay paying their suppliers as long as absolutely possible even if doing so violates the stated payment terms. Maria decides to continue paying her supplies on time in accordance with their payment terms because Maria would like her customers to pay her on time. Maria has reached her decision primarily in accordance with:Ethical relativismUtilitarianismCorporate social responsibilityKantian ethics.0.5 pointsQuestion 9The term "corporate governance" has what analytical components:LegalEthicalStakeholder analysisAll of the above.0.5 pointsQuestion 10As to why a company should be a socially responsible one and get involved in civic and charitable affairs, Socrates would likely argue:Justice is the will of the stronger.Money comes from virtue.Ignorance of the law is no excuse.Virtue comes from money.
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