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General Business 202 Bsu Exam 2 Detailed
Questions And Expert Answers
The UCC would apply to which of the following situations - ANS A contract to buy living room furniture Susan can change her mind - ANS If Jim has not accepted the offer. Which promise is valid consideration? - ANS Debtor's promise to pay $750 for creditor's promise to forgive balance of a $1000 undisputed debt Promissory estoppel is an available remedy: - ANS If the parties do not have a valid contract but a promise has been justifiably relied upon Contracts entered into because of mutual mistake about the subject matter of the contract are voidable - ANS True John is a minor. His mom is disabled. To pay for his clothes and sports activities, john has a job across town. He enters into a contract to buy a car to drive himself to work and school. - ANS This contract is fully enforceable because the car is a necessity. Contracts are entered into because of fraud are void because of the statute of frauds. - ANS False.
Which of the following meets the goal of contract remedies? - ANS Specific performance. A person inuured by a defective product may have a cause of action for: - ANS All of the above: Breach of warranty, Negligence, Strict product liability. The focus in a strict liability case is on the reasonableness of the defendant's behavior. The focus in a negligence case is on the product. - ANS False Privity is not required in a product liability case brought under strict liability - ANS True Betty's will grants her home to her neighbor Mary, so long as Mary doesn't cut the old oak tree down. After Betty dies, Mary cuts the tree down. Betty's daughter Amy decides not to take the property back because it needs too much work. Betty probably granted Mary: - ANS A fee simple on a condition subsequent. What does Charlie have while Bob is still alive? - ANS A future interest Does it have value while Bob is alive? - ANS Yes, it has value What will Charlie have when Bob dies? - ANS A fee simple absolute
John lost his job to lay-offs, and then had a serious illness. He owes $100,000 in medical and CC debt, but is better and recently got a $60,000 per year job. Which type of bankruptcy is appropriate for John? - ANS Chapter 13 Idaho is a right-to-work state. This means generally that employees can be fired for any reason. - ANS False Bill's boss believed he was stealing merchandise. This was incorrect, Bill was honest, but he was still fired. Does this violate the implied covenant of good faith and fair dealing? - ANS Probably not, because it does not relate to a benefit Bill was promised. An at-will employee can be fired for which of the following reasons? - ANS She's an Idaho Vandal who works on a team of Bronco Boosters. They look horrible. The City of Nampa decides to institute a policy requiring random drug desting of all city employees. - ANS Drig testing is generally legal, but this is not OK. Title VII prohibition of discrimination based on gender does not prohibit: - ANS Discrimination based upon sexual orientation. To establish a case of disparate impact discrimination under Title VII, a plaintiff must show that the employer intended to discriminate - ANS False
What following methods can a plaintiff use to establish a prima facie case of discrimination? - ANS The four-fifths R: the selection ratio for the minority group is less than four-fifths of the majority group The previous slide, Honkers likely argued in court that hiring only females was: - ANS A BFOQ On rare occasions, race can be a valid BFOQ - ANS No, race can never be a valid BFOQ An employer may be liable for harassment against an employee by: - ANS Co- workers, Managers Supervisors Non-employees The Catholic Church runs a shelter during the cold winter months. It may refuse to hire non-Catholics to work in the shelter. - ANS Yes, it may. Religion may be a valid BFOQ even regarding non-religious jobs. A disability means: - ANS A physical or mental impairment that substantially limits one or more major life activities. Record of such an impairment. Being regarded as having such an impairment.
Is the contract between Susan and her grandfather supported by consideration? - ANS Yes, because she is giving up a legal right. Writing "payment in full" on a check will always be payment in full - ANS False Promissory estoppel is an available remedy: - ANS If the parties do not have a valid contract, but a promise has been justifiably relied upon. Jennifer asks for Kellen Moore's autograph. She doesn't tell him that he's signing an agreement to allow her to use his photograph for an ad for her business - ANS This contract is void because of fraud in the execution. Contracts entered into because of mutual mistake about the subject matter of the contract are voidable - ANS True The Statute of Frauds means that: - ANS Some contracts have to be in writing or they are not enforceable. Oral testimony in court about the terms of a written contract refers to: - ANS Parol evidence May Jim assign his right to receive $1000 to his brother Sam? - ANS yes. May Susan assign her right to have her house painted to her buyer? - ANS It might depend.
May Jim delegate his duty to paint to Sam? - ANS It might depend A third party beneficiary can sue to enforce a contract even though he is not a party to it. - ANS True, if the parties intended him to benefit United Airlines may: - ANS rescind the contract because the event making the contract much more expensive was not foreseeable at the time of contracting. Jim wants to ski. Susan realizes she doesn't have $1000. Jim and Susan - ANS Can mutually rescind the K (which is itself a separate contract.) Jim paints all the walls and trim, no door. - ANS Susan still has to perform as she promised, less her damages, because Jim substantially performed the k Jim paints only two of four walls, no trim and no door. - ANS Susan's obligation to perform is discharged because Jim materially breached the K Jim paints the house black and the trim bright orange for halloween. - ANS Susan's obligation to perform is discharged because Jim materially breached the K Jim may owe Susan money since performance will now cost her more.
The statute of repose: - ANS Would begin to run on the date that the vehicle was manufactured. Which of the following is the least restrictive type of ownership of real property? - ANS Fee simple absolute From Albertsons to the City of Boise, so long as the property is used as a public park. This is a: - ANS Fee simple determinable, and Fee simple subject to a condition subsequent From Adam to Bob, for Bob's life, then to Charlie - ANS Bob has a life estate, Bob may sell what he has to Doug, Charlie has a future interest while Bob is alive From Adam to Bob and his heirs. This is a: - ANS Fee simple absolute A lease is a freehold estate. - ANS False Adam, Bob and charlie must have equal interests in the property to be tenants in common - ANS False Tony and Lonnie are joint tenants. When Tony dies: - ANS Lonnie will now own all of the property.
If a person adversely possesses real property, she/he eventually: - ANS Gains ownership of the property w/o paying for it Which of the 4 restrictions would most likely prohibit the owners from painting their house bright blue? - ANS Restrictive covenant I suddenly noticed that my bracelet was not on my wrist. - ANS I have lost my bracelet. I liave my sunglasses on the table at RR. Which of the following is correct - ANS Red Robin may keep the sunglasses over all others but me. In this example (Joe borrows money to go on extended vacation), the boat is: - ANS Collateral Key Bank may perfect its security interest - ANS By filing a signed financing agreement, or by taking possession of the boat. Key bank perfects its security interest in the boat. Joe sells the boat to Dan before the loan is paid off. Joe stops making loan payments - ANS Key Bank may repossess the boat from Dan because its security interest is attached to the collateral, and stays attached until the debit is paid. What is the likely outcome of the previous scenario? - ANS Wells Fargo has priority and may repossess the boat because it perfected first.
What percentage of employers search the Internet for information on applicants or current employees? - ANS 75% The Family and Medical Leave Act: - ANS Provides for 12 weeks of unpaid leave to covered employees. The FMLA provides that - ANS Employees are entitled to an equivalent job when their return A person who has recovered from an illness covered by the ADA is no longer protected by the Act. - ANS False An alcoholic who is currently drinking alcohol is protected by the ADA - ANS True A person who has recovered from an illness covered by the ADA is no longer protected by the Act. - ANS False Age can be a BFOQ under the ADEA if the employer can show it's job-related - ANS True Which is generally untrue about workers compensation? - ANS An EE injured on a frolic is entitled to WC Workers' compensation benefits are the same as the damages the EE might recover in a private personal injury lawsuit. - ANS False
An EE fired for incompetence may be entitled to unemployment compensation. - ANS true If Section 7 of the NLRA applies to an employers workforce, it: - ANS Applies to all employees without regard to whether they are in a union.
