Bus. Law Exam 2

Business Law 255 with Jenkins at Ohio University

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By: Megan McDonald
Created: 2011-02-15
Size: 70 flashcards
Views: 110

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Bob claims Carol breached their contract. Carol says she never intended to enter into a contract. The intent to enter into a contract is determined w/ reference to:

A. conscious theory of contracts

B. objective theory of contracts

C. personal theory of contracts

D. subjective theory of contracts

B. The objective Theory of Contracts

LDS offers to deliver computers to Micro Store's customers for a certain price. Local's intent to extend a serious offer to Micro is determined by reference to Local's:

A. assumptions

B. beliefs

C. intentions

D. words and conduct

D. Words and Conduct

Adam and Beth make promises to each other. Contract law shows to what extent society allows people to make promises enforceable

A. ethical responsibilities

B. legal duties

C. moral obligations

D. social reciprocities

B. Legal Duties

C. Good

E tells D he wants to buy Ds farm then decides to sell it; sends a flyer out. E responds with letter of "acceptance." They have:

A contract if reasonable person would believe D was offering to sell

B no cont D invited bids

C no cont the letter to 1+ party

D no contract letter was an invite to negotiate

C. No contract, because Dan sent the letter to more than one party

C believes DC discrim against him bc of gender. He files suit against them under Title 7. To est prima facie case of employment discrim, C must show:

A. C is a member of protected class

B. DC has no legal defense

C. discrim intent motivated Ds act

D. other firms in Ds industry committed discrim acts

A. Cody is a member of a protected class

BA makes consumer appliances. BA could be liable for a design defect if there's foreseeable risk of harm posed by product and:

A. omission of a warning renders the product not reasonably safe

B. there is a lack of care in making the product

C. there is reasonable alternative design

D. none of the above

C. there is a reasonable alternative design

GTC designs and manufactures tires. In a product liability suit based on negligence, Good Tire could be liable for violating its duty of care with respect to:

A. the design of the tires only

B. the manufacture of the tires only

C. the design or the manufacture of the tires

D. none of the above

C. the design or the manufacture of the tires

Sam and Tiffany enter into an implied-in-fact contract. The parties' conduct:

A. defines the contract's terms

B. finds the contract's facts

C. terminates any unintended consequences

D. undercuts any terms based on the facts

A. defines the contract's terms

Eve, the chief executive officer of Federated Corporation (FC), wants to ensure FC's activities are legal and ethical. The best course for Eve and FC is to act in:

A. good faith

B. ignorance of the law

C. regard for the firm's shareholders only

D. their own self-interest

A. good faith

L and M are employees of NTC. They have the same job. Under the Equal Pay Act, NTC can legitimately pay L more than M on basis of:

A. L's greater production only

B. L's greater production or seniority

C. L's greater seniority only

D. neither L's greater production nor his greater seniority

B. Lloyd's greater production or seniority

Mona files an employment discrimination suit against NC under Title VII. If Mona shows NC acted with malice or reckless indifference, she may recover:

A. compensatory damages only

B. compensatory or punitive damages

C. Neither compensatory nor punitive damages

D. punitive damages only

B. compensatory or punitive damages

Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise to Gail in exchange for Gail's:

A. performance of particular act only

B. promise only

C. Performance of a particular act or promise

D. none of the above

B. promise only

John says to Kris, "I would like to sell you my sports memorabilia collection." This is not an offer because it:

A. does not describe the subject matter with specificity

B. Does not include a price term

C. Only expresses an opinion

D. Only invites Kris to negotiate

D. only invites Kris to negotiate

Global Clothing Corporation, like other businesses, has duties prescribed by:

A. ethics only

B. the law only

C. ethics and the law

D. none of the above

C. ethics and the law

D and E sign lease; includes clause permitting D 2 extend it at amount 2 be agreed on at time of extension. The clause is:

A. enforceable, bc it's a part of a lease

B. enforceable, if parties intend 2 be binding

C. not enforceable, bc doesn't include price term

D. not enforceable, bc not in fight form

B. enforceable, if the parties intend the clause to be binding

V buys a car and the airbag inflates, blocking his view of the road and causing him to crash into T. T may recover from the car's manufacturer if:

A. T and V knew each other b4 the accident

B. V drove the same kind of car

C. V didn't inflate airbag as "joke"

D. Ted was injured due to defect in Vs car

D. ted was injured due to a defect in Van's car

In making business decisions, Owen, a certified financial planner with Private Investment Corporation, attempts to apply his belief that all persons have fundamental rights. This is:

A. a religious rule

B. the categorical imperative

C. the principle of rights

D. utilitarianism

C. the principle of rights

FS manufactures skateboards, which it sells to GTS. Good Times sells the skateboards to consumers, including Holly. In a product liability suit based on strict liability due to a defect in the skates, Fun Stuff may be liable to:

A. Good Times or Holly

B. Good Times only

C. Holly only

D. no one

C. Holly only

Jill offers to pay Kyle $500 if he jogs across the Golden Gate Bridge. Kyle can accept the offer only by jogging across the bridge. If Kyle jogs across the bridge, he and Jill will have formed:

A. a bilateral contract

B. a moral obligation

C. a social contract

D. a unilateral contract

Micro makes ovens. Jill finds her microwave is defective. She sues them for product liability based on negligence. To recover, she must show:

A. Micro sold oven to Jill

B. the "defect" was commonly known danger

C. Jill knew and appreciated risk caused by defect

D. Jill suffered injury caused by defect

D. Jill suffered an injury caused by the defect

Beth goes to Carl for surgery. Carl says Beth should be healed within a week. With respect to breach of contract, Carl is:

A. liable

B. not liable, because surgery isn't proper subject for a contract

C. not liable, because statement was an opinion

D. not liable, but Beth is excused from paying Carl

C. not liable, because the statement was an opinion

Rob adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects:

A. the right determination under a cost-benefit analysis

B. the rights of others

C. the "right" thing to do

D. the right to make a profit

B. the rights of others

Z offers "from 1-1,000,000 zs for $1 each" to WL and says WL should "state the # in acceptance." Contract:

A. exists whether or not WL says # bc the price term is definite

B. doesn't exist unless Z provides more realistic range of #

C. doesn't exist unless WL specified # of zs it wishes to buy

D. none

C. doesn't exist unless WL specified # of zs it wishes to buy

A buys a new SUV from B. The most important factor in deciding if express warranty is created is whether:

A. A expresses to B what he wants warranted

B. As desire 4 SUV becomes part of motivation 2 deal

C. B expresses to A what it expects of its customers

D. Bs promise becomes part of basis of bargain

D. Best's promise becomes part of the basis of the bargain

Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege against self-incrimination and:

A. can be prosecuted only for the crime about which she agreed to testify

B. can't be prosecuted for any crime

C. can't refuse to testify on 5th amend. grounds

D. can " "

C. Cannot refuse to testify on Fifth Amendment grounds

B is injured in a car accident and sues C, alleging negligence. C claims B was driving more carelessly than he was. Comparative negligence may reduce B's recovery:

A. even if B was only slightly at fault

B. only if B was equally at fault

C. only if B was less at fault

D. only if B was more at fault

A. even if Beth was only slightly at fault

George agrees to deliver 50 Ipods to Harrys E-Store. George delivers but Harry doesn't pay. To recover the price, George can collect from Harry on the basis of their:

A. express contract

B. implied-in-fact contract

C. implied-in-law contract

D. quasi-contract

A. express contract

Eve tells Frank she will pay Frank $50 if he unloads her truck. Frank's acceptance is complete:

A. as soon as Frank says he will unload the truck

B. once Frank starts to unload the truck

C. Only after Frank unloads the truck

D. When Frank hears Eve's offer

C. Only after Frank unloads the truck

Gamma corporation promises to pay its employees a year-end bonus "if management thinks it is warranted." This is:

A. an enforceable contract

B. an illusory contract

C. an unconscionable contract

D. a unilateral contract

B. an illusory contract

B is arrested after police search and seize property. Judge sets B's bail as required by state statute, and B is put on trial. The US Constitution provides safeguards against the following except:

A. arrests w/o probable cause

B. excessive bail

C. trying for criminal

D. unreasonable search and seizure

C. trying someone for a criminal offense

Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, he is sued by those injured. As a professional, Sam is held to the same standard of care of:

A. ordinary persons

B. other engineers

C. other professionals, including dr's

D. those injured

B. other engineers

IO state statute requires amusement parks to maintain equip in specific condition for protection of patrons. J's Amusement Park fails to maintain its equip as required. K, a patron, is injured thereby. J's has committed:

A. a dram shop act

B. good samaritan act

C. negligence per se

D. res ipsa locquitor

C. negligence per se

Don, a businessperson, is charged with RICO offenses. Don may be subject to penalties under RICO only if he:

A. committed two or more certain federal or state crimes

B. has never been convicted of a crime

C. intends to commit future RICO offenses

D. was previously convicted of a crime

A. committed two or more certain federal or state crimes

H enters into a contract to design software for ISC. The freedom to enter into contracts is:

A. fundamental public policy of the US

B. ambiguous business goal irrelevant in terms of the law

C. philosophical concept that underlies international law

D. principal that describes contracting parties' intent

A. a fundamental public policy of the United States

About this deck

By: Megan McDonald
Created: 2011-02-15
Size: 70 flashcards
Views: 110

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis