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1In a suit against Corbin, Donatella obtains damages. This is
- A a payment of money or property as compensation.
- Ba legal agreement
2In an action against Elin, Frank obtains a remedy. This is
- Aa song
- Bthe legal means to recover a right or to redress a wrong.
3In a suit against Vladimir over the performance of a contract, Wyler obtains rescission. This is
- Aa loss in a job
- Bthe cancellation of a contract.
4Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
- Aan equitable remedy
- Ba contract remedy
5Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in
- Afederal district courts.
- Bstate courts
6Beyond-the-Sea Imports, Inc., disputes the use of "beyond-the-sea.com" as a domain name by Beyond-the-Sea Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be
- Aaccording to the rules of the court in which the suit is brought.
- Baccording to the united nations contract
7Vince files a suit against Will. Vince and Will meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is
- Aa settlement
- Ba summary jury trial
8Rocko Corporation, a U.S. firm, and Siena, S.A., a Columbian firm, enter into a contract providing that any dispute between them will be heard in a specific British court. Litigation between Rocko and Siena over a dispute involving this contract may occur in
- Athe specified British court only
- BThe U.S. Jurisdiction
9Faraway Sales Corporation, a U.S. firm, and Globe Transport, a Dutch firm, enter into a contract that includes an arbitration clause. This clause must provide that the arbitrator will be
- Aany third party
- Bonly glabe transport
10Flexo Trucking Company transports hazardous waste. Garn is a Flexo driver, whom the company knows drives longer hours than federal regulations permit. One night, Garn exceeds the limit and has an accident. Spilled chemicals contaminate Hill City's water source, forcing the residents to move away. Flexo acted unethically because
- AFlexo showed reckless disregard for Hill City's residents and others.
- BThey limited a vital need
11Ergonomic Corporation convenes its employees for its managers to announce (1) a new company-wide ethical code of conduct, (2) an ad campaign to publicize the new code, and (3) the discharge of employees who do not adhere to the code. One of the most effective ways to set a tone of ethical behavior within a business organization is
- Ato create an ethical code of conduct.
- Ban ad campaign to publicize the new code,
12
Ethical standards would most likely be considered violated if Retail Mart Corporation deals with a company in a developing nation that
- Apays below minimum wage
- Bexploits its workers.
13Phil agrees to work for Vacation Resorts, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is
- Athe parties' intent
- Bthe contract
14When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Lou's Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is
- Aan implied contract.
- Ba written contact
15Deepwater Mining Corporation offers to sell East China Refining, Inc., a certain quantity of unrefined oil. If East China sends an acceptance via Deepwater's authorized mode of communication, it will be effective when it is
- Asent.
- Brecieved
16Grande Properties, Inc., and Investment Capital Corporation enter into a contract for a sale of land. To be enforceable, the contract must be in writing if the land is valued at
- Aany price
- Bover $5,000
17 Fact Pattern 10-1A
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments.
Refer to Fact Pattern 10-1A. Neil's performance is most likely
Answer
- Aa material breach.
- Ba contract breach
18Fact Pattern 10-1A
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments.
Refer to Fact Pattern 10-1A. With respect to Mutual's duties, Neil's performance most likely- Aonesided
- B discharges Mutual from the contract.
19Dondi contracts to buy a custom espresso maker from Caffee Specialties, Inc., for $4,500, but Caffee fails to deliver. Dondi buys the appliance elsewhere for $5,500. Dondi's measure of damages is
- A$1,000 plus incidental damages.
- B$5,5000 plus incidental damages.
20Ray breaches his lease with Sunny Properties and vacates the premises six months before the end of the term. In some states, Sunny would have to
- Amake reasonable efforts to relet the premises to mitigate damages.
- Bbe taken to family court
21Ethanol Products, Inc., and Fuel Oil Corporation submit a dispute to arbitration. Garth, the arbitrator, is not a judge or a lawyer. How, then, can Garth's decision have the force of law and be binding on the parties involved?
- AAn arbitrator's decision has the binding force of law only because the two parties in an arbitration proceeding agree (contract) to be legally bound by the arbitrator's decision. The success of arbitration, and its status as an alternative to court settlement of disputes, rests on this underlying agreement between the parties to be bound by the results. If a person feels that an arbitrator's opinion is unjust, that person may appeal the dispute to a court. Courts, however, are very reluctant to judge the validity of an arbitrator's decision, which is regarded as final in all cases except where serious misconduct or corruption can be proved.
- Bcorrect
22National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer, for repair. National hires Overland Transport, Inc., to take the pump to American Hydraulics and to return it to National as soon as the repair is complete. National is forced to suspend operations without a pump, but Overland does not know this. National expects to be without the pump for five days and to lose profits of $5,000. When the pump is not returned by the end of the fifth day, National rents a pump at a cost of $100 per day. Overland delays five more days before returning the pump. National files a suit against Overland, asking for compensatory, consequential, and punitive damages. Will National recover?
- AYes and no. National will succeed in recovering damages, but not all of the damages that it seeks. Overland's failure to perform promptly is a breach of contract for which National can recover damages. Because of Overland's late delivery of the pump, National is entitled to recover the cost of renting the pump for the five days that Overland delayed. Expenses that are caused directly by a breach of contract¾such as the cost to rent the replacement pump after Overland breached the contract¾are recoverable as compensatory damages. These expenses were foreseeable. Consequential damages¾damages caused by special circumstances beyond the contract¾are recoverable only if the breaching party knew or should have known at the time of contracting of their possibility. In this problem, National's shutdown of its operations is a special circumstance, but Overland did not know of these circumstances so National's consequent loss of profits is not recoverable. Also, National cannot recover punitive damages, which are not usually recoverable in breach of contract suits. Punitive damages are intended to punish wrongdoing. The purpose of damages in a breach of contract suit is to place the nonbreaching party in the position he or she would have occupied if the contract had been performed, not to punish the breaching party.
- Bcorrect
23Please define five (5) of the following terms- please describe in complete sentences. ::
- A1. Default judgment
2.Interrogatories
3.direct examination
4. cross examination
5.Ripeness doctrine
6. The full faith and credit clause
7. Patent
8 Trademark - Bsentences...
- A1. Default judgment
24How does statutory law come into existence? How does it differ from common law?
- AStatutes are enacted by governing bodies and common law is law created by the judicial system.
- Bcorrect
- AStatutes are enacted by governing bodies and common law is law created by the judicial system.
25A State legislatur enacted a statute then required any motorcycle operator or passengers on the state's highways to wear a protective helmet. Jim Alderman, a licensed motorcycle operator , sued the state to block enforcement of the law. alderman asserted that the statute violated the equal protection clause because it placed requirements on motorcyclists that were not imposed on other motorist . Using the information presented in chapter 5 which you read answer the following:
- Aanswer?
- B??
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- Quiz on Practice Quiz, created by samhenley22 on 10/09/2013.
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- samhenley22
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