Law Questions

Harvey enters into an agreement to purchase a bull from Mike for the purpose of breeding, and Mike was aware of Harvey's purpose in purchasing the bull. Later, the bull was discovered to be sterile, although at the time of sale both Harvey and Mike believed the bull was not sterile based on exam results provided by a veterinarian. The contract is:a) voidable based on fraudb) voidable based on negligent representationc) voidable based on mutual mistake of factd) voidable based on economic duress

protects civilian job rights and benefits for members of the military, former military personnel, and reservistsBona Fide Occupational Qualification (BFOQ)Equal Pay ActFederal Wiretapping ActTitle VIIUSERRA

Organization's practices, policies or procedures intentionally eliminate a protected group based on race, color, religion, sex, or national originDisparate ImpactDisparate treatment

The offeror may cancel an offer by revocation, however, to be effective the revocation must be ______________.a) in writing and signed by the offerorb) received by the offereec) sent in a properly addressed enveloped) sent using certified mail with the USPS

Organization's practices, policies or procedures are unbiased but the result is a disproportionate impact on protected groups - race, color, religion, sex or national originDisparate ImpactDisparate treatment

1. threatening to file a charge or other formal complaint alleging discrimination2. complaining to anyone about alleged discrimination against oneself or others3. refusing to obey an order because of a reasonable belief that it is discriminatory4. requesting reasonable [disability] accommodation or religious accommodationOppositionParticipation

When a company agrees to purchase all of the goods they need for their purposes from one company and doesn't include definite & certain terms, this contract is a valid contract known as a(n) _______________________.a) options contractb) requirements contractc) quotation contractd) output contract

Able sent Noll a letter offering to sell Noll a custom-made sofa for $5,000. Noll immediately sent a letter to Able accepting the offer. However, the post office did not deliver the letter to the correct address even though it was properly addressed. Three days later, Able mailed a letter of revocation to Noll. The next day Able received Noll's acceptance of the offer once the post office finally delivered the letter to the correct address. Able refused to sell Noll the sofa. Noll sued Able for breach of contract. Able:a) would have been liable only if Noll had sent the acceptance letter out a second time.b) will be liable for breach of contract because Noll sent their acceptance of the offer in a properly addressed envelope.c) will avoid liability due to the post office's errord) will avoid liability since they revoked their offer prior to receiving Noll's acceptance.

Ace Company enters into a contract to buy canisters from Can Company after extensive negotiations. Ace then finds a brochure that has a few fraudulent statements included in the claims about the product. If Ace seeks to avoid the contract based on the intentional misrepresentations in the brochure, what must Ace prove?a) Can Co's products are over pricedb) justifiable reliance on the fraudulent statementsc) unjust enrichment of Can Co.d) illusory promise made by Can Co

All of the following statements refer to an element of fraud under contract law except:a) the defendant desired to obtain a financial benefit.b) the defendant intended for the other party to rely on the false statement.c) the defendant made a false statement.d) the defendant knew that the statement was false or was recklessly indifferent regarding its truth.

When a written contract does not correctly reflect the agreement already made between the parties and there is a mistake in transcription, either party may seek relief from a court for a(n):a) punitive damagesb) reformation of the contractc) injunctiond) action for specific performance

On September 27, Summers sent Fox a letter offering to sell Fox a vacation home for $150,000. On October 2, Fox replied by mail agreeing to buy the home for $145,000. Summers did not reply to Fox. Fox sued Summers for nonperformance of the contract. Do Fox and Summers have a legally binding contract?a) No, because Fox failed to sign Summers's letter before returning it.b) No, because Fox's letter was a counteroffer and terminated the offer.c) Yes, because Summers's offer was validly accepted and a legal contract was formed.d) Yes, because Summers's silence is an implied approval of Fox's acceptance letter.

Most states have employment-at-will laws. This means if an employee reports a health hazard to the Dep't of Health, the employer can legally terminate that employee.a) Trueb) False

The Federal Wiretapping Act prohibits monitoring email and phone calls. An employer can intercept and access employees' email,a) anytime and for any reason for the duration of their employment if they receive a salary and aren't paid hourly.b) anytime and for any reason for the duration of their employment.c) during the ordinary course of business when employee consent is obtained in advance.d) only if they are full-time employees receiving a comprehensive benefits package.

Recently, a few South Carolina businesses operating marinas were investigated and fined by the Department of Labor due to violation of the FLSA (Fair Labor Standards Act) because they:a) failed to provide paid time off under the Family & Medical Leave Act portion of the FLSA.b) violated the child labor and overtime provisions of this federal law.c) failed to employ military service members as required under USERRA (The Uniformed Services Employment & Re-Employment Rights Act).d) violated employees' privacy rights by recording personal phone calls that were made outside of the ordinary course of business

What is the principal law regulating equal employment opportunity in the United States?a) Title VII of the Civil Rights Act of 1964b) The Fair Labor Standards Actc) The Equal Pay Actd) The United States Constitution

descriptive mark is used in good faith for its primary meaningActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

international treaty that protects copyrights- Berne Convention- Intentional Infliction of Emotional Distress- Product Disparagement aka Commercial Disparagement- Shopkeeper's Privilege- Work for Hire- Wrongful Interference with Contracts AKA Tortious Interference with Contracts

Trademarks may be regulated by Federal LawAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

An agreement specifying an employer's right to own any works of authorship produced for the company during working hours.- Berne Convention- Intentional Infliction of Emotional Distress- Product Disparagement aka Commercial Disparagement- Shopkeeper's Privilege- Work for Hire- Wrongful Interference with Contracts AKA Tortious Interference with Contracts