Scribd Logo
Carica

Benvenuto in Scribd!

  • Seaport BUS-C110 Quiz 2

    Caricato da

    teacher.theacestud
    358 visualizzazioni3 pagine
    Seaport BUS-C110 Quiz 2 Seaport BUS-C110 Quiz 2 1. Contract duties are obligations imposed by law. True False 2. Contract law reduces the cost of economic transactions. True False 3. A quasi-contract is not a contract, but a fiction created by the courts to prevent injustice. True False 4. An agreement that is illegal is void. True False 5. A contract need not be in writing to be enforceable. True False 6. Specific performance is a limited remedy as it is only available for breach of contract to sell a unique item. True Fasle 7. A _____ is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. tort tender contract law bailment 8. A(n) _____ contract is one in which the terms are spelled out directly and the parties are conscious that they are making an enforceable agreement. quasi- implied express voidable void 9. An agreement that is lacking one of the legal elements of a contract is said to be _____. valid unenforceable voidable void lawful 10. _____ is the quid pro quo between the contracting parties, in the absence of which the law will not enforce the promise or promises made. Restitution Capacity Quasi-contract Consideration Compensation 11. In practice, a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose. True False 12. The Uniform Commercial Code permits sellers to exclude warranties in whole or in part. True False 13. _____ imposes a liability on a merchant-seller of defective goods without fault. Statute of repose Strict products liability Limited warranty Negligence Preemption 14. Strict liability is liability without proof of negligence and without privity. True False 15. A limited warranty may cover only parts, not labor. True False 16. A contract is no less binding when negotiated by an agent than by the principal. True False 17. A general agent has the authority to act in any way required by the principal’s business. True False 18. Most agencies are created by contracts. True False 19. The fiduciary responsibility of an agent is imposed by law. True False 20. A(n) _____ is defined as a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so. grantor insured agent testator tenant 21. Even if the agent possessed no actual authority and there was no apparent authority on which the third party could rely, the principal may still be liable if he ratifies or adopts the agent’s acts before the third party withdraws from the contract. True False 22. A principal can be held liable for actions by an agent that the principal had no knowledge of. True False 23. If a principal directs the agent to commit a tort or knows for a fact that the agent carrying out his instructions could cause someone harm, then the principal is liable. True False 24. Which of the following is true of ratification by the principal? It can only occur prior to the actions of the agent. It is a voluntary act by the principal. It discharges the principal of liability for the agent’s actions. It requires the usual consideration of contract law. It must be made in writing to be effective. 25. According to the doctrine of _____, a person will not be allowed to deny a promise or assertion he/she previously made where there has been detrimental reliance on that promise or assertion. employment-at-will shop rights ultra vires respondeat superior estoppel Seaport BUS-C110 Quiz 2

    Copyright

    © © All Rights Reserved

    Formati disponibili

    PDF, TXT o leggi online da Scribd

    Hai trovato utile questo documento?

    Questo contenuto è inappropriato?

    Segnala questo documento
    Seaport BUS-C110 Quiz 2 Seaport BUS-C110 Quiz 2 1. Contract duties are obligations imposed by law. True False 2. Contract law reduces the cost of economic transactions. True False 3. A quasi-contract is not a contract, but a fiction created by the courts to prevent injustice. True False 4. An agreement that is illegal is void. True False 5. A contract need not be in writing to be enforceable. True False 6. Specific performance is a limited remedy as it is only available for breach of contract to sell a unique item. True Fasle 7. A _____ is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. tort tender contract law bailment 8. A(n) _____ contract is one in which the terms are spelled out directly and the parties are conscious that they are making an enforceable agreement. quasi- implied express voidable void 9. An agreement that is lacking one of the legal elements of a contract is said to be _____. valid unenforceable voidable void lawful 10. _____ is the quid pro quo between the contracting parties, in the absence of which the law will not enforce the promise or promises made. Restitution Capacity Quasi-contract Consideration Compensation 11. In practice, a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose. True False 12. The Uniform Commercial Code permits sellers to exclude warranties in whole or in part. True False 13. _____ imposes a liability on a merchant-seller of defective goods without fault. Statute of repose Strict products liability Limited warranty Negligence Preemption 14. Strict liability is liability without proof of negligence and without privity. True False 15. A limited warranty may cover only parts, not labor. True False 16. A contract is no less binding when negotiated by an agent than by the principal. True False 17. A general agent has the authority to act in any way required by the principal’s business. True False 18. Most agencies are created by contracts. True False 19. The fiduciary responsibility of an agent is imposed by law. True False 20. A(n) _____ is defined as a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so. grantor insured agent testator tenant 21. Even if the agent possessed no actual authority and there was no apparent authority on which the third party could rely, the principal may still be liable if he ratifies or adopts the agent’s acts before the third party withdraws from the contract. True False 22. A principal can be held liable for actions by an agent that the principal had no knowledge of. True False 23. If a principal directs the agent to commit a tort or knows for a fact that the agent carrying out his instructions could cause someone harm, then the principal is liable. True False 24. Which of the following is true of ratification by the principal? It can only occur prior to the actions of the agent. It is a voluntary act by the principal. It discharges the principal of liability for the agent’s actions. It requires the usual consideration of contract law. It must be made in writing to be effective. 25. According to the doctrine of _____, a person will not be allowed to deny a promise or assertion he/she previously made where there has been detrimental reliance on that promise or assertion. employment-at-will shop rights ultra vires respondeat superior estoppel Seaport BUS-C110 Quiz 2

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    358 visualizzazioni3 pagine

    Seaport BUS-C110 Quiz 2

    Caricato da

    teacher.theacestud
    Seaport BUS-C110 Quiz 2 Seaport BUS-C110 Quiz 2 1. Contract duties are obligations imposed by law. True False 2. Contract law reduces the cost of economic transactions. True False 3. A quasi-contract is not a contract, but a fiction created by the courts to prevent injustice. True False 4. An agreement that is illegal is void. True False 5. A contract need not be in writing to be enforceable. True False 6. Specific performance is a limited remedy as it is only available for breach of contract to sell a unique item. True Fasle 7. A _____ is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. tort tender contract law bailment 8. A(n) _____ contract is one in which the terms are spelled out directly and the parties are conscious that they are making an enforceable agreement. quasi- implied express voidable void 9. An agreement that is lacking one of the legal elements of a contract is said to be _____. valid unenforceable voidable void lawful 10. _____ is the quid pro quo between the contracting parties, in the absence of which the law will not enforce the promise or promises made. Restitution Capacity Quasi-contract Consideration Compensation 11. In practice, a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose. True False 12. The Uniform Commercial Code permits sellers to exclude warranties in whole or in part. True False 13. _____ imposes a liability on a merchant-seller of defective goods without fault. Statute of repose Strict products liability Limited warranty Negligence Preemption 14. Strict liability is liability without proof of negligence and without privity. True False 15. A limited warranty may cover only parts, not labor. True False 16. A contract is no less binding when negotiated by an agent than by the principal. True False 17. A general agent has the authority to act in any way required by the principal’s business. True False 18. Most agencies are created by contracts. True False 19. The fiduciary responsibility of an agent is imposed by law. True False 20. A(n) _____ is defined as a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so. grantor insured agent testator tenant 21. Even if the agent possessed no actual authority and there was no apparent authority on which the third party could rely, the principal may still be liable if he ratifies or adopts the agent’s acts before the third party withdraws from the contract. True False 22. A principal can be held liable for actions by an agent that the principal had no knowledge of. True False 23. If a principal directs the agent to commit a tort or knows for a fact that the agent carrying out his instructions could cause someone harm, then the principal is liable. True False 24. Which of the following is true of ratification by the principal? It can only occur prior to the actions of the agent. It is a voluntary act by the principal. It discharges the principal of liability for the agent’s actions. It requires the usual consideration of contract law. It must be made in writing to be effective. 25. According to the doctrine of _____, a person will not be allowed to deny a promise or assertion he/she previously made where there has been detrimental reliance on that promise or assertion. employment-at-will shop rights ultra vires respondeat superior estoppel Seaport BUS-C110 Quiz 2

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 3

    6HDSRUW%86&4XL]

    6HDSRUW%86&4XL]
    &RQWUDFWGXWLHVDUHREOLJDWLRQVLPSRVHGE\ODZ
    7UXH
    )DOVH
    &RQWUDFWODZUHGXFHVWKHFRVWRIHFRQRPLFWUDQVDFWLRQV
    7UXH
    )DOVH
    $TXDVLFRQWUDFWLVQRWDFRQWUDFWEXWDILFWLRQFUHDWHGE\WKHFRXUWVWRSUHYHQWLQMXVWLFH
    7UXH
    )DOVH
    $QDJUHHPHQWWKDWLVLOOHJDOLVYRLG
    7UXH
    )DOVH
    $FRQWUDFWQHHGQRWEHLQZULWLQJWREHHQIRUFHDEOH
    7UXH
    )DOVH
    6SHFLILFSHUIRUPDQFHLVDOLPLWHGUHPHG\DVLWLVRQO\DYDLODEOHIRUEUHDFKRIFRQWUDFWWRVHOOD
    XQLTXHLWHP
    7UXH
    )DVOH
    $BBBBBLVDSURPLVHRUDVHWRISURPLVHVIRUWKHEUHDFKRIZKLFKWKHODZJLYHVDUHPHG\RUWKH
    SHUIRUPDQFHRIZKLFKWKHODZLQVRPHZD\UHFRJQL]HVDVDGXW\
    WRUW
    WHQGHU
    FRQWUDFW
    ODZ
    EDLOPHQW
    $ Q BBBBBFRQWUDFWLVRQHLQZKLFKWKHWHUPVDUHVSHOOHGRXWGLUHFWO\DQGWKHSDUWLHVDUH
    FRQVFLRXVWKDWWKH\DUHPDNLQJDQHQIRUFHDEOHDJUHHPHQW
    TXDVL
    LPSOLHG
    H[SUHVV
    YRLGDEOH
    YRLG
    $QDJUHHPHQWWKDWLVODFNLQJRQHRIWKHOHJDOHOHPHQWVRIDFRQWUDFWLVVDLGWREHBBBBB
    YDOLG
    XQHQIRUFHDEOH
    YRLGDEOH
    YRLG
    ODZIXO
    BBBBBLVWKHTXLGSURTXREHWZHHQWKHFRQWUDFWLQJSDUWLHVLQWKHDEVHQFHRIZKLFKWKHODZZLOO
    QRWHQIRUFHWKHSURPLVHRUSURPLVHVPDGH
    5HVWLWXWLRQ
    &DSDFLW\
    4XDVLFRQWUDFW
    &RQVLGHUDWLRQ
    &RPSHQVDWLRQ
    ,QSUDFWLFHDSHUVRQDVVHUWLQJDFODLPIRUEUHDFKRIZDUUDQW\ZLOOKDYHDJRRGFKDQFHRI
    VXFFHVVXQGHUDQH[SUHVVZDUUDQW\RULPSOLHGZDUUDQW\WKHRU\RIPHUFKDQWDELOLW\RUILWQHVVIRUD

    SDUWLFXODUSXUSRVH
    7UXH
    )DOVH
    7KH8QLIRUP&RPPHUFLDO&RGHSHUPLWVVHOOHUVWRH[FOXGHZDUUDQWLHVLQZKROHRULQSDUW
    7UXH
    )DOVH
    BBBBBLPSRVHVDOLDELOLW\RQDPHUFKDQWVHOOHURIGHIHFWLYHJRRGVZLWKRXWIDXOW
    6WDWXWHRIUHSRVH
    6WULFWSURGXFWVOLDELOLW\
    /LPLWHGZDUUDQW\
    1HJOLJHQFH
    3UHHPSWLRQ
    6WULFWOLDELOLW\LVOLDELOLW\ZLWKRXWSURRIRIQHJOLJHQFHDQGZLWKRXWSULYLW\
    7UXH
    )DOVH
    $OLPLWHGZDUUDQW\PD\FRYHURQO\SDUWVQRWODERU
    7UXH
    )DOVH
    $FRQWUDFWLVQROHVVELQGLQJZKHQQHJRWLDWHGE\DQDJHQWWKDQE\WKHSULQFLSDO
    7UXH
    )DOVH
    $JHQHUDODJHQWKDVWKHDXWKRULW\WRDFWLQDQ\ZD\UHTXLUHGE\WKHSULQFLSDOVEXVLQHVV
    7UXH
    )DOVH
    0RVWDJHQFLHVDUHFUHDWHGE\FRQWUDFWV
    7UXH
    )DOVH
    7KHILGXFLDU\UHVSRQVLELOLW\RIDQDJHQWLVLPSRVHGE\ODZ
    7UXH
    )DOVH
    $ Q BBBBBLVGHILQHGDVDSHUVRQZKRDFWVLQWKHQDPHRIDQGRQEHKDOIRIDQRWKHUKDYLQJ
    EHHQJLYHQDQGDVVXPHGVRPHGHJUHHRIDXWKRULW\WRGRVR
    JUDQWRU
    LQVXUHG
    DJHQW
    WHVWDWRU
    WHQDQW
    (YHQLIWKHDJHQWSRVVHVVHGQRDFWXDODXWKRULW\DQGWKHUHZDVQRDSSDUHQWDXWKRULW\RQZKLFK
    WKHWKLUGSDUW\FRXOGUHO\WKHSULQFLSDOPD\VWLOOEHOLDEOHLIKHUDWLILHVRUDGRSWVWKHDJHQWVDFWV
    EHIRUHWKHWKLUGSDUW\ZLWKGUDZVIURPWKHFRQWUDFW
    7UXH
    )DOVH
    $SULQFLSDOFDQEHKHOGOLDEOHIRUDFWLRQVE\DQDJHQWWKDWWKHSULQFLSDOKDGQRNQRZOHGJHRI
    7UXH
    )DOVH
    ,IDSULQFLSDOGLUHFWVWKHDJHQWWRFRPPLWDWRUWRUNQRZVIRUDIDFWWKDWWKHDJHQWFDUU\LQJRXWKLV
    LQVWUXFWLRQVFRXOGFDXVHVRPHRQHKDUPWKHQWKHSULQFLSDOLVOLDEOH
    7UXH
    )DOVH
    :KLFKRIWKHIROORZLQJLVWUXHRIUDWLILFDWLRQE\WKHSULQFLSDO"
    ,WFDQRQO\RFFXUSULRUWRWKHDFWLRQVRIWKHDJHQW
    ,WLVDYROXQWDU\DFWE\WKHSULQFLSDO
    ,WGLVFKDUJHVWKHSULQFLSDORIOLDELOLW\IRUWKHDJHQWVDFWLRQV
    ,WUHTXLUHVWKHXVXDOFRQVLGHUDWLRQRIFRQWUDFWODZ

    ,WPXVWEHPDGHLQZULWLQJWREHHIIHFWLYH
    $FFRUGLQJWRWKHGRFWULQHRIBBBBBDSHUVRQZLOOQRWEHDOORZHGWRGHQ\DSURPLVHRUDVVHUWLRQ
    KHVKHSUHYLRXVO\PDGHZKHUHWKHUHKDVEHHQGHWULPHQWDOUHOLDQFHRQWKDWSURPLVHRUDVVHUWLRQ
    HPSOR\PHQWDWZLOO
    VKRSULJKWV
    XOWUDYLUHV
    UHVSRQGHDWVXSHULRU
    HVWRSSHO
    6HDSRUW%86&4XL]

    Potrebbero piacerti anche