1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that very same farm. He later sells the chickens to meat packing firms inside the state of Nebraska. The manufacturing of grain on the farm:
A. Impacts interstate commerce and, subsequently, might be topic to federal regulation.
B. Solely not directly impacts interstate commerce and, subsequently, might be topic to state, however not federal, regulation.
C. Solely not directly impacts interstate commerce, and thus isn’t topic to federal regulation below the commerce clause.
D. Immediately impacts intrastate commerce, however extra not directly impacts interstate commerce and, subsequently, might be topic to federal regulation below the commerce clause.
2. Which of the next would usually happen in an appellate court docket?
A. Direct examination of witnesses by attorneys.
B. Selecting a jury.
C. Testimony of witnesses.
D. Not one of the above.
three. Larry, an Oregon resident, inherited land in Missouri. By way of a Missouri lawyer, Larry bought the land to Will, a Missouri resident, below a sound written gross sales contract. Larry later refused to undergo with the gross sales deal, so Will sued Larry in a Missouri court docket.
Larry claimed the Missouri court docket had no jurisdiction over him as a result of has by no means been in Missouri or had another contacts with Missouri. Assume that the Missouri court docket has material jurisdiction on this case. Does the Missouri court docket in any other case have jurisdiction to listen to this case?
A. No, as a result of there’s range of citizenship within the case, solely a federal court docket has jurisdiction to listen to the case.
B. Sure, as a result of the Missouri court docket can declare in rem (property) jurisdiction over Larry on this case because the proprietor/vendor of the Missouri property.
C. Sure, as a result of the Statute of Frauds applies to the sale of land, and the contract was written, the Missouri court docket has private jurisdiction over Will, and Larry.
D. No, as a result of though the Missouri court docket has property jurisdiction over Will, the court docket doesn’t have the required property jurisdiction over Larry on this case.
four. Jonah employed Marty, who’s 16 years outdated, as his agent to purchase as much as a most of 50 used Dell 101 mannequin laptops at a value of $200 every, or much less. Marty purchased 30 used Dell 101 mannequin laptops for $100-200 utilizing a written contract. Jonah was happy with the laptops and accepted the contract and paid for the 20 laptops.
Marty then purchased 25 extra Dell 101 mannequin laptops for $150 every on Jonah’s behalf. Marty signed a written contract for the acquisition of those 25 laptops with the vendor, Used Tech, Inc. Jonah refused to just accept and pay for these 25 laptops. What purpose would justify Jonah’s refusal to pay for the laptops and honor the contract with Used Tech, Inc.?
A. The contract with Used Tech is against the law as a result of Marty is a minor.
B. There is no such thing as a justification, the contract with Used Tech is legitimate as a result of Marty signed a contract with Used Tech for the acquisition of the 25 laptops.
C. The contract with Used Tech for the 25 laptops is voidable as a result of Marty acted outdoors the scope of the company settlement with Jonah.
D. This contract is voidable below the UCC as a result of Marty isn’t a service provider.
5. Mimi took her granddaughter to Curler Coaster World theme park typically to journey the Thriller Diller curler coaster. The curler coaster is in a fenced, gated space. Prospects pay for the journey as they board the Thriller Diller, or on the finish of the journey as they leaved the gated space.
On Saturday, Mimi and her granddaughter boarded the Thriller Diller, and waved on the attendant because the journey started. On the finish of the journey, Mimi refused to pay for the journey.
The almost certainly conclusion is that:
A. Mimi’s actions implied that she supposed to pay for the journey; she is legally sure to pay for the journey.
B. Mimi’s actions implied that she supposed to pay for the journey, however she isn’t legally sure to pay as there was no written settlement, or proof of an settlement, similar to a ticket for the journey.
C. Making use of the subjective intent check, Mimi isn’t sure to pay for the journey as a result of she and the attendant didn’t talk about the necessity for paying for a ticket for the journey.
D. Making use of the target check, there was no clearly communicated provide and acceptance, thus no enforceable contract; Mimi isn’t sure to pay for the journey.
6. Sandy orally agreed to promote Rolf her home for $400,000.00. Rolf gave Sandy a verify for $10,000.00 as deposit on the home. They agreed to finish the sale on a particular day in three weeks when Rolf would pay Sandy the remaining $390,000.00 and Sandy would give the deed for the home to Rolf.
2 weeks later Sandy went to Rolf’s house, returned his $10,000.00 verify, and informed Rolf she had modified her thoughts about promoting her home.
Rolf believes that they had a binding gross sales contract and that Sandy should promote him the home as a result of he gave Sandy a deposit for the acquisition of the home. Sandy believes she and Rolf didn’t have a binding contract.
What would you conclude in regards to the settlement between Sandy and Rolf?
A. Sandy and Rolf had a binding contract; each agreed to the sale and oral contracts might be enforceable.
B. Sandy and Rolf had a binding contract as a result of Rolf gave consideration for the contract by giving Sandy the $10,000.00 deposit.
C. Sandy and Rolf didn’t have a binding contract because the contract had not been totally carried out.
D. Sandy and Rolf didn’t have a binding contract; the contract wanted to be written to be enforceable below the circumstances.
7. Edgar, an impartial contractor, was employed by ABC Enterprises, Inc. (ABC) as a marketing consultant to help ABC in implementing a brand new IT system. Edgar agreed to offer consulting recommendation to ABC 10 hours per week for six weeks. In alternate, ABC agreed to pay Edgar $2500 per week, payable in a lump sum of $15,000 on the finish of 6 weeks. Edgar and ABC had a sound written contract together with these phrases.
After four weeks of consulting, Edgar informed ABC he wanted an extra $500 per week for the remaining 2 weeks to cowl bills. Edgar stated ABC wanted to pay him a complete of $16,000 for the 6 weeks of consulting. ABC orally agreed to amend the contract and pay the extra cash.
On the finish of 6 weeks, ABC was very happy with Edgar’s consulting work. ABC gave Edgar a verify for $15,000 for the consulting however refused to pay the extra $1000 Edgar had requested.
Edgar claims he and ABC had a sound contract to pay him an additional $1000, for a complete of $16,000.
What’s true in regards to the modified settlement, and the quantity owed to Edgar?
A. The modified settlement is enforceable as a result of each events gave authorized consideration for the brand new contract phrases: ABC agreed to pay an additional $1000, Edgar agreed to proceed to seek the advice of for ABC.
B. The modified settlement is enforceable as a result of, below the UCC guidelines, all contract modifications are legitimate if the events consent.
C. The modified settlement is unenforceable; ABC and Edgar agreed orally to the additional $1000, however there was no written contract masking the brand new contract phrases.
D. The modified settlement is unenforceable as a result of each events didn’t give new consideration for the contract modification contract.
eight. Various dispute decision (ADR) is a crucial various for resolving civil disputes as a result of ADR can:
A. Promote judicial effectivity.
B. Promote compromise and consensus between events.
C. Promote faster resolutions to disputes.
D. The entire above.
E. Two of the above solely.
9. Park Prescribed drugs, Inc. manufactured a headache ache aid drug that was marketed below the commerce identify, Free. A examine by the federal Meals and Drug Administration (FDA) revealed that Free is more likely to trigger hypertension in customers. Consequently, the U.S. Congress enacted laws prohibiting the cargo and sale of Free within the U.S., pending additional testing by Park and the FDA. This regulation banning Free might be:
A. Constitutional as a result of the U.S. Congress has the ability to manage exercise that immediately impacts interstate commerce and the ban on the sale of Free is clearly an effort to manage commerce of prescription drugs.
B. Constitutional below the police energy doctrine to guard customers.
C. Unconstitutional as a result of the regulation violates Park’s rights below the equal safety clause of the U.S. Structure as a result of the regulation treats Park in a different way than different pharmaceutical firms.
D. Unconstitutional as a result of there is no such thing as a conclusive proof that Free is unsafe for customers.
10. Wendell and Langdon signed a enterprise contract with a clause that gives that if a dispute arises they are going to undergo binding arbitration to resolve the dispute. After that they had been doing enterprise collectively for a yr, a dispute arose below the phrases of the contract. Relatively than undergo arbitration, Wendell filed a lawsuit towards Langdon. Most probably the court docket will:
A. Hear the lawsuit in a trial, after which compel Wendell to undergo arbitration, if acceptable below the circumstances.
B. Hear the lawsuit as a result of Wendell can’t be compelled to undergo arbitration as that will be a violation of his constitutional rights; he’s entitled to a jury trial upon request.
C. Require Wendell to undergo arbitration to resolve the dispute.
D. Require Wendell and Langdon to enter into mediation to succeed in an settlement.
11. An growing variety of meals vehicles function within the metropolis middle of Washington close to vacationer sights and authorities workplaces. Typically the meals vehicles park on the sidewalks, curbside within the streets, and in parking areas and vacationer bus routes, thus, impeding pedestrians and interfering with automobile visitors. The town enacted an ordinance that allows meals vehicles to function solely in designated, marked areas off sidewalks and off streets inside the metropolis.
A number of meals truck homeowners are upset and consider the ordinance is an unconstitutional interference with their rights to function non-public companies. Additionally they consider the ordinance discriminates towards them as a result of brick and mortar companies within the space shouldn’t have comparable restrictions.
Which of the next statements is true in regards to the ordinance?
A. The ordinance unduly discriminates towards the meals truck distributors as different companies within the space should not equally restricted.
B. The ordinance is a violation of the meals truck distributors’ constitutional rights to function their non-public companies with out undue interference from the federal government.
C. The town can justify the ordinance as a constitutional train of the precise of governments to manage non-public companies for any purpose below the interstate commerce clause.
D. The town can justify the ordinance as a constitutional train of its police energy to guard the security and welfare of most of the people.
12. Computer systems, Inc. (Computer systems) and Administration Enterprises Firm (Administration) agreed that Computer systems would promote Administration its computing enterprise, together with the land on which the enterprise was located, for $600,000. Each Computer systems and Administration knew on the time the contract was fashioned that the enterprise and land had been truly price $1,000,000. Is that this a sound enforceable gross sales contract?
A. No, as a result of Computer systems wouldn’t have agreed to promote the enterprise for 40% lower than its worth except it was below duress by Administration to promote.
B. No, as a result of $600,000 isn’t legitimate consideration for a enterprise price $1,000,000.
C. Sure, supplied the contract was in accordance with state statutory regulation that allows actual property gross sales for 40% or extra under market worth.
D. Sure, supplied the contract was in writing, in accordance with the Statute of Frauds, and the events freely consented.
13. Fay was admitted as a brand new companion in Charmed Metropolis Candies, a common partnership, in Could 2017. In June, whereas delivering a chocolate order to a residence, Charmed Metropolis’s supply worker negligently crashed into the rear of a parked automobile destroying a bicycle mounted on the again of the automobile and damaging the rear of the automobile.
Which of the next is true about legal responsibility for the worker’s negligence?
A. Charmed Metropolis isn’t responsible for the accident because it was the results of the worker’s negligence.
B. Charmed Metropolis is responsible for the accident, however Fay isn’t liable as she was admitted to the partnership only one month previous to the accident.
C. The supply driver is an employee-agent of Charmed Metropolis, and Charmed Metropolis is responsible for the acts of its workers.
D. The supply driver is an employee-agent of Charmed Metropolis, however Charmed Metropolis isn’t responsible for the negligent acts of its workers.
14. Accounting Temps, Inc. (Temps) has 50 workers who work in workplaces on two flooring of Temps’ enterprise workplace constructing. There are not any elevators within the constructing. Taylor, a Temps worker for 3 years, has an workplace on the second flooring. Following a fall, Taylor has a everlasting leg harm and problem strolling up and down stairs. Taylor requested to be moved to a primary flooring workplace, however Temps said there is no such thing as a house out there on the primary flooring and that it will be unfair to maneuver another person from a primary flooring workplace as a result of all workers on the primary flooring have seniority over Taylor. Temps promised to maneuver Taylor when a primary flooring workplace turns into out there. Within the meantime, Temps supplied to have one other worker assist Taylor up and down the steps to the second flooring each day.
Is Temps dealing with the scenario correctly?
A. Sure, Temps is required to make affordable lodging for Taylor, and has executed so by promising to maneuver Taylor to a primary flooring workplace as quickly as attainable, and by providing to assist Taylor on the steps each day.
B. Sure, Temps is required to make “affordable lodging” for Taylor, however not on the inconvenience of different workers who might need to maneuver workplaces.
C. No, Temps ought to instantly transfer Taylor to a primary flooring workplace or discover momentary first flooring workplace house till everlasting workplace house is out there on the primary flooring.
D. No, Temps ought to set up an elevator to the second flooring if first flooring workplace house is out there.
15. Jan went to a truck dealership and stated that she wished to purchase a truck able to hauling a 5000-pound load, and that she wished the salesperson to advocate an acceptable truck. The salesperson chosen a sure truck for Jan that he said would haul a 5000-pound load. Jan purchased the truck the salesperson chosen. The truck was mechanically sound, however would haul solely a 2500-pound load. If Jan sues the dealership, which product legal responsibility declare would supply Jan with the perfect likelihood of successful?
A. Breach of implied guarantee of health for a selected goal.
B. Breach of contract.
C. Breach of implied guarantee of merchantability.
D. Negligence, as a result of the truck that might not deal with a 5000-pound load.
E. The entire above.
16. Uncle promised to purchase his nephew, Dave, a brand new truck to make use of in his enterprise. Relying on having a brand new truck, Dave bought his outdated truck. Uncle now refuses to purchase Dave the truck. Dave wants the truck to function his enterprise and to get to his enterprise workplace.
Can Dave presumably implement the promise and require Uncle to purchase the truck for him?
A. Sure, as a result of the truck is a necessity for Dave and all contracts for requirements are binding and enforceable for all events even when contract formation is flawed.
B. Sure, below promissory estoppel if Dave fairly relied on Uncle’s promise and bought his truck.
C. No, as a result of Dave was not unjustly enriched as a result of he didn’t obtain the truck.
D. No, as a result of Uncle’s promise to Dave was a present to Dave; Dave gave consideration, however Uncle didn’t.
17. Assume you’re the proprietor of a small enterprise, Greetings, Inc., that sells greeting playing cards to retailers. Card Sensations despatched a written provide to you to purchase 1,000 birthday playing cards for $zero.60 every for a complete of $600. You possibly can settle for the Card Sensations provide by:
A. Sending written discover to Card Sensations promising to ship the playing cards.
B. Not speaking additional with Card Sensations, however by promptly delivery the playing cards.
C. Accepting the provide by writing, “Greetings, Inc. accepts your provide to purchase 1000 birthday playing cards for $zero.60” and sending the written acceptance to Card Sensations.
D. The entire above may very well be legitimate acceptance.
18. Carl parked his automobile on a steep hill, leaving the automobile in impartial and failing to interact the emergency parking brake. The automobile rolled down the hill and crashed into the storage door of Chase’s home, damaging the door past restore.
Can Chase recuperate damages from Carl for the injury to his storage door?
A. Sure, as a result of Carl was negligent in parking the automobile.
B. Sure, if Carl is the proprietor of the automobile as a result of he left the automobile unattended and is chargeable for any injury attributable to the automobile.
C. No, as a result of it’s not important to interact the emergency parking brake to soundly park a automobile.
D. No, as a result of the automobile’s rolling down the hill was unforeseeable.
19. Zoe operates Wooden Rail Heart Sports activities, an athletic tools store, as a sole proprietorship. She is worried about her tax legal responsibility, and questioning whether or not to proceed as a sole proprietorship or to reorganize below one other enterprise construction. Which of the next can be the perfect recommendation for Zoe?
A. Zoe ought to stay a sole proprietorship; she would have the identical tax legal responsibility if she reorganizes as a LLC.
B. Zoe ought to stay a sole proprietorship; there are not any enterprise taxes on sole proprietorships.
C. Zoe ought to contemplate reorganizing as a LLC to cut back her tax legal responsibility.
D. Zoe ought to contemplate reorganizing as an organization to keep away from private tax legal responsibility on enterprise revenue.
20. Linda was a visitor within the Mardell Lodge. Whereas strolling throughout the lodge foyer, Linda slipped and fell on the moist flooring and broke her leg. Linda required surgical procedure to restore the damaged leg.
Simply previous to Linda’s fall, the lodge flooring had been washed by the upkeep workers. The workers had positioned a “moist flooring” signal on the foyer flooring. Linda now needs to gather damages to compensate her for medical bills for her damaged leg.
Is it doubtless Linda can accumulate compensatory damages to cowl her medical bills?
A. No, there was an indication posted warning in regards to the moist flooring; Linda assumed the chance by strolling throughout the moist flooring.
B. No, it’s affordable the lodge workers would want to scrub the ground and after posting a warning signal, it’s not foreseeable that folks would stroll on the moist flooring and fall.
C. Sure, the lodge had an obligation to guard friends from identified hurt on the premises of the lodge.
D. Sure, except the warning signal was giant and conspicuous.
21. Eagle, Inc. sells motorcar components to sellers. In response to a supplier’s order, Eagle shipped a crate with a label that learn, “Crate comprises one 150-horsepower diesel engine.” This assertion is:
A. An categorical guarantee.
B. An implied guarantee of merchantability.
C. An implied guarantee of health for a selected goal.
D. Not one of the above.
22. In December 2016, Charlotte grew to become the 25th companion with Worldwide Enterprises, an present common partnership with 24 companions. In April 2017, an Worldwide Enterprises partnership debt got here due in full within the quantity of $100,000. The debt was initially incurred in June 2016. Charlotte is:
A. Solely responsible for the debt as much as the quantity of her capital contribution to the partnership. B. Not responsible for the debt as a result of the debt was incurred previous to her becoming a member of the partnership.
C. Accountable for her pro-rata one-twenty fifth share of the overall debt together with the opposite companions.
D. Accountable for one-twenty fifth of the debt if all the opposite companions default on the debt advert refuse to pay.
23. A orally supplied to promote B 100 electrical toothbrushes, however uncared for to state the value. B accepted the provide through e-mail and requested supply inside 2 weeks. A acquired the acceptance e-mail, however instantly thereafter, A tried to get out of the deal. Assume that A and B are each retailers, as outlined below the UCC, and have engaged in gross sales contracts collectively beforehand. At this level which of the next is almost certainly to be true about this settlement between A and B?
A. There is no such thing as a legitimate contract as a result of the provide is just too indefinite.
B. There is no such thing as a legitimate contract as a result of any provide for the sale of products should be in writing and signed by each events.
C. There’s a legitimate, enforceable contract.
D. There’s a legitimate, enforceable contract provided that both A or B are engaged in worldwide enterprise which makes the settlement topic to CISG (Contract for Worldwide Sale of Items) guidelines.
24. Somebody who recovers damages for breach of contract usually can recuperate:
A. Solely these compensatory damages/losses that may be confirmed with affordable certainty.
B. For all penalties of the breach, e.g., ache and struggling, whether or not or not the damages are foreseeable.
C. Just for foreseeable damages.
D. Punitive damages.
25. Cable Corp. contracted on-line to purchase a number of TV films from Motion pictures, Inc. Each events signed the contract with digital signatures. This contract might be:
A. Legitimate and enforceable.
B. Legitimate and enforceable provided that the UCC guidelines apply to the settlement.
C. Unenforceable below UCITA as a result of digital signatures should not legitimate in 2017.
D. Unenforceable as a result of it was not a click-on contract.
26. A pc Supplier whose place of job is in Atlanta contracts on August 12 to promote 100 private computer systems to a Retailer whose place of job is in Chicago. The contract doesn’t point out something in regards to the time or place of supply. What are the supply necessities for this contract?
A. On the Retailer’s place of job inside an inexpensive time from August 12.
B. At a handy place as long as the Supplier notifies Retailer of the place and time of supply.
C. At an inexpensive place on August 12.
D. There is no such thing as a obligation for the pc supplier to ship the computer systems as this isn’t a sound enforceable contract as a result of the phrases are too obscure.
27. Johnston Paints contracted in writing with Purchaser to ship 100 one-gallon cans of exterior home paint to Purchaser on or earlier than September 15. On August 15, Johnston knowledgeable Purchaser through e-mail that it will likely be unable to ship the paint as agreed. Purchaser demanded that Johnston carry out the contract, however Johnston nonetheless refused and said the refusal in a letter to Purchaser. Which of the next greatest describes Purchaser’s rights on this scenario?
A. Purchaser should deal with the contract as breached on August 15.
B. Purchaser should wait till September 15 to find out with certainty if there was a breach earlier than getting into into one other contract to buy paint.
C. Purchaser might deal with the contract as breached on August 15 and enter right into a contract with one other paint provider.
D. Not one of the above are appropriate; Purchaser should file a lawsuit towards Johnston in order that court docket might decide if a breach of contract has occurred.
28. Which of the next statements by a salesman would create an categorical guarantee for a purchaser?
A. “This fridge is a superb worth; you’ll not discover a higher deal.”
B. “That is the perfect TV we promote; I plan to purchase one myself.”
C. “This automobile is probably the most dependable and most secure automobile on the street at present.”
D. “This truck had the engine changed final yr.”
29. Charles acquired a suggestion from Vendor that said: “I’ll promote you my automobile for $eight,500. You could have 10 days to just accept.” On day four, Charles known as Vendor and said he would pay $eight,000 for the automobile; Vendor refused to just accept $eight,000. Which of the next is true?
A. There is no such thing as a contract; Vendor is free to promote the automobile to a different purchaser.
B. Charles has 6 extra days to contemplate Vendor’s provide to purchase the automobile for $eight,500; Vendor can not promote the automobile to a different purchaser for six days.
C. If Vendor adjustments her thoughts inside 6 days, she will be able to make Charles purchase the automobile for $eight,000.
D. If Charles later tells Vendor by day 10 that he’ll purchase the automobile for $eight,500, a contract is mechanically fashioned.
30. Purchaser and Vendor orally comply with a contract for the sale of 400 shirts at $10 per shirt. Vendor fails to carry out and ship the shirts; Purchaser sues. This contract is:
A. Enforceable as a result of the Statute of Frauds doesn’t ever apply to gross sales of shirts.
B. Unenforceable except each events are retailers.
C. Unenforceable as a result of the contract isn’t in writing.
D. Enforceable; the Statute of Frauds is relevant to this settlement, however oral contracts are binding if each events are retailers.
Class assets: https://www.saylor.org/web site/textbooks/Superior%20Enterprise%20Legislation%20and%20the%20Authorized%20Surroundings.pdf
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