cascadia community college BUS201 final exam summer 2015
Top of Form
In which of the following types of ownership does each co-owner have the right to sell his or her interest without the consent of the other owners, have the right to own an unequal share of the property, and the right to own property subject to the right of a creditor to attach his or her interest?
Tenancy in common
Tenancy by the entirety
True tenancy
Joint tenancy
Joined tenancy
Top of Form
When parties form an agency relationship by making a written or oral agreement, the agency is known as a[n] ____.
Apparent agency
Ratification
Implied agency
Expressed agency
Endorsement
A ______ is an instrument of that conveys real property from one owner to another.
"Powder Room Mess." For $300,000, Willis agrees to build a new home for Robert, who is very picky. Willis builds the home to Robert's specifications with one exception. The faucets and linoleum flooring in an upstairs powder room are not exactly what Robert specified. That was a mistake on Willis' part, but he had not intentionally failed to follow specifications. When Robert sees the powder room, he goes ballistic and tells Willis that he will not pay Willis anything for the house. It will take $300 to put in correct faucets and linoleum. Willis says that he is willing to pay $300 to put Robert in the position he would have been in had the correct faucets and linoleum been used, but that is all he is willing to pay.
4.
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Willis' offer to put Robert in the position he would have been in had the proper faucets and linoleum been used is based on the measure used for what type of damages?
"Past Due Rent." Christen operated a temporary help business. Planning to open a second office, she rented office space from Dusty. Unfortunately, her business was not doing very well, and she decided not to open a second office. Christen was able to reach an agreement with Doug whereby she transferred her entire interest in the leased property to him. The agreement she had with Dusty prohibited her from transferring her interest. Dusty, however, accepted rent payments from Doug because it was the easiest course of action. Doug started a catering business in the space. It did well during the holiday season, but Doug was unable to maintain bookings and became unable to pay the rent. Dusty called Christen and asked her to pay the rental payments reminding her that she breached the lease agreement in the first place when she transferred her interests in the lease to Doug. Christen told Dusty to forget any payments from her and hung up. Dusty wants to sue Christen for the lease payments and also for breaching the lease agreement, and he also wants to sue Doug. Christen talks to Doug and he says that he has no plans to pay Dusty because Dusty is a jerk. Doug also says that he does not believe that he has any liability to Christen if she pays Dusty. Doug says that the premises were acceptable but that Dusty is rude and money hungry, traits he finds untenable.
Which of the following is true regarding the right of Dusty to sue Christen for transferring her interests to Doug?
In which of the following ways may an offeree accept a unilateral contract?
7.
A[n] ______ deed is the most commonly used deed to transfer property and contains certain promises by the grantor.
Approved
"Weeds." Susie developed a product guaranteed to immediately kill weeds, but absolutely no other type of grass or shrub. She has encountered several individuals and businesses in other countries who would like to enter into contracts with her and market her products internationally. She went to Willie, who just graduated law school and has yet to pass the bar, and asks him for advice regarding those contracts. Willie proceeded to tell her that she should simply enter into the same type of contract with international businesses and individuals from other countries as she would if those individuals and businesses were located in the United States. He tells her that if there is any problem, then they will simply have to come to the United States to settle the matter, and that any issues would be determined in Susie's home county, in her home state, and under her state's law. He also mentions to her that she should consider contacting local foreign officials in the areas in which she would like her product sold and suggest to them that she can contribute heavily to election campaigns if she is allowed without any hassles to obtain necessary business licenses and approvals to do business.
8.
Assuming Susie wants some additional protection to guarantee that any dispute with international business will be resolved in her state in the U.S., what should she do?
Which of the following is not one of the criteria listed in the text as indicative of whether a worker is an employee or an independent contractor?
Which of the following is false regarding the employer-employee relationship?
11.
Striking union members of ABC Company decide that picketing ABC Company is not accomplishing the desired results and decide to further their efforts. Sally, the union president suggests that they picket XYZ Company, a supplier to ABC, to pressure XYZ into not doing business with ABC. Which of the following is true regarding Sally's plan?
12.
Which of the following are stakeholders of a business?
Which of the following is needed for diversity-of-citizenship?
14.
A ______ is a written document, created by a principal, expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.
"International Expansion." Zach wants to expand his coffee business internationally - into Zeno, a small remote country. He moves there temporarily in order to oversee operations. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of paid vacation per year.
15.
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Which of the following is true regarding Zach's defense that he thought he knew the law of Zeno because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Zeno is the same as the U.S. on this issue.)
"Customer Uncertainty." Wallace wanted baseball caps with the name of the firm of which he was president, ABC Corporation, emblazoned on the front. Fran, a merchant in specialized goods, orally agreed with Wallace that she would sell to him 200 baseball caps at $5 each. No writing was ever made although there were a number of witnesses to the conversation. After the caps were finished, but before they were shipped, Wallace called to cancel the order because his firm had just announced a merger and would no longer be known as ABC Corporation. Fran told him to forget canceling the contract because she had just finished the caps. Wallace told Fran that she should have been smarter and had him sign something because without a writing, she does not have a chance in court. Fran is also having problems with other customers. A father who voluntarily coached a youth softball league in his community called and orally ordered 150 baseball caps at a cost of $400 each to give out at a league banquet. He just wanted a variety of caps with no name on them because players from different teams would be at the banquet. Fran had sent a confirming letter to the coach. Fran had the caps packed up and ready to go. Twenty days later, just before she shipped them, the coach called and told her that there was a big feud, the banquet was canceled, and that he was canceling the order. She believes that the coach should pay damages and that it is just that he do so because a big order was involved. Finally, Fran plans on taking to small claims court a merchant customer who orally ordered 500 plain T-shirts at a cost of $5 each but has not picked them up and has refused to do so after several demands.
16.
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Which of the following is correct regarding Wallace's assertion that Fran cannot recover the cost of the caps?
17.
Which of the following was the result in Ackerman v. Sobol Family Partnership, LLP the case in the text involving whether the plaintiffs were bound by representations of their attorney regarding settlement that they had not approved?
Which of the following types of agency occurs when a principal leads a third party to believe another individual serves as his or her agent, but the principal has actually made no agreement with the so-called agent?
How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?
Which of the following is not a type of independent contractor?
"Leaky Tub and Flaming Watercraft." Charles finished college, got a good job, and decided to sell some used toys and buy newer ones. A used hot tub with a leak in it and a personal watercraft were at the top of the list. Charles offered to sell to Constance the hot tub for $500. Constance was interested but not willing to pay $500. She said "I'll give you $400." Charles said that he would think about it. Later, the same day, Charles offered to sell Donna the hot tub for $500. Donna said "Would you consider $450?" Charles said he would think on it. A few minutes later, Everett who had heard that Charles wanted to sell the hot tub accepted Charles' offer to sell for $500, and they agreed that the transfer would be made the next day. A few minutes later, Constance called saying that she accepted Charles' offer to sell the hot tub for $500. A few minutes after that, Donna called and told Charles that she accepted his offer to sell the hot tub for $500. Charles told Constance and Donna that he had already sold it, and they are angry, threatening to sue. Charles offered to sell the personal watercraft to Joan for $800. She said that she would think it over and let him know the next day. Unfortunately, through no fault of anyone, there was a fire at Charles' home that night and the personal watercraft burned. Joan called the next day and accepted before Charles could tell her the watercraft burned. When she found out about the fire, Joan told Charles that he had better come up with another watercraft, or she was going to sue.
23.
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Which of the following is correct regarding the final status of the negotiations between Donna and Charles?
Which of the following is false under the Federal Unemployment Tax Act?
qualified employees who lose their jobs.
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"High Maintenance." Paul, who runs a retail jewelry store, went with Jane, to whom he was engaged to be married, to a wholesale jewelry store. Paul had no express, written agreement with Jane by which she was his agent. The wholesaler jeweler, Pam, asked Paul if Jane was buying for him. Paul did not want to embarrass Jane so he nodded in agreement. A few minutes later Paul whispered to Jane, outside the hearing of the wholesaler, that she should not make any purchases. Paul and Jane had a big disagreement over money that evening, and Jane broke off their engagement. The next day Jane went back to the wholesale jeweler and purchased a string of pearls for $2,000. Jane also purchased a fur jacket for $3,000 from a store, owned by Harry, that was next door to the jewelry store. She told Harry that Paul wanted a fur jacket for a model in his store and that Paul would be glad to pay Harry for the jacket.
27.
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"Dream Home." Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home provided that he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if he loses his job before the date the purchase contract is signed, the seller will release him from any obligation. After getting a loan and buying the home, Maurice decided that he wanted new windows. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation.
29.
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The provision that the seller will release Maurice from any obligation if he lost his job is referred to as which of the following?
Saturday Auction." Barry, an auctioneer, held an auction on a Saturday morning. At the beginning of the auction, Barry announced that the auction was being held without reserve. Helen, Mary, and Chris were all in attendance. Helen saw an old cash register with a stuck drawer that she thought would look great in her den. The auctioneer put the cash register up for sale noting that the drawer was stuck but that it could probably be fixed with little effort. Helen bought it for $20. When she got it home, she discovered that it actually contained $5,000. Unfortunately, Helen had a teenage son named Tad who started bragging to his friends about the family's good fortune. Barry heard about what had happened and sued Helen for return of the $5,000. At the same auction, Mary saw a great deal on a used table. She bid $20 on it. No one else bid anything. Barry announced that $20 was clearly insufficient for the table, that it was worth much more than that, and that he was taking it out of the auction. Chris started bidding on a diamond ring for his girlfriend. He bid $2,000. Just as Barry was getting ready to say "Sold," Chris looked over at his girlfriend, decided that he was not sure about marriage, and leaped up yelling "I revoke." Barry, however, immediately after, yelled "Sold." Barry sues Chris attempting to obtain the money for the engagement ring. Barry also sues Helen seeking to recover the $5,000 contained in the stuck drawer. Mary sues Barry attempting to obtain possession of the table.
32.
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What is the likely result in the lawsuit Barry brought against Chris?
"Cheap Principal." Jason, who is very knowledgeable regarding computers, agrees to purchase computers for Nick's business. Jason is retained for that purpose only, he is paid a set rate for the job, and Nick exercised no control over the manner in which Jason did his work. Jason purchased computers from ABC Computers without any mention of Nick. The computers worked well and were not defective in any way. Unfortunately, Nick did not pay ABC Computers on a timely basis. Jason, therefore, paid ABC Computers out of his own pocket because he wanted to be able to do business with ABC Computers in the future and also because his name was on the invoice. Jason asked Nick for reimbursement, but Nick refused. Nick claimed that if Jason had only waited, ABC Computers might have agreed to take less.
33.
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Which of the following likely represents Jason's status in regards to his employment with Nick?
34.
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Did Jason have any legal liability to ABC Computers?
As set forth in the text, which of the following is false regarding agency law in relation to sports agents?
Under the UCC, how may an acceptance be made?
Sally goes to have her hair trimmed and agrees to pay $40 to the stylist. While there, Sally decides that she would also like highlights. The stylist informs her that highlights will cost an additional $30. Sally agrees to the price, gets the highlights, but refuses to pay the extra amount. What is the likely result in a dispute between Sally and the stylist and why?
A contractual condition of satisfaction is considered a[n] ______ condition that must be met before the other party's obligation to pay for the performance arises.
"Disgruntled Buyer." Tom had lived in his home for
five years without doing any upkeep of any type. He was aware that the roof
leaked, that he had defective piping, and that the air conditioning did not
work, among other problems. He sold the home to Kathy. He did not tell her
anything about the problems with the house. Shortly after Kathy moved in, there
was a thunderstorm resulting in water streaming down from the ceiling. Within a
few weeks of her moving in, pipes began to burst resulting in significant water
damage. The air conditioner also failed to work when she turned it on for the
first time. Kathy demanded that Tom refund her purchase price and take back the
house. Tom sent her a letter providing as follows:
Dear Kathy,
Caveat emptor. You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.
40.
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Which of the following is meant by Bruce's statement that Kathy has marketable title?
Paul was very excited about his first new vehicle purchase. He borrowed funds from his bank with which to purchase the car. Unfortunately, just a few days after he purchased the vehicle, the pistons in the engine overheated causing the engine to seize rendering the vehicle unusable. No one was injured, but Paul is very upset about his vehicle and plans to sue based on strict liability under the theory set forth by Section 402A of the Restatement (Second) of Torts. Which of the following is the most likely resolution of his claim?
Which of the following is a term used to describe the duty of an agent to communicate any information to the principal that the agent thinks could be important to the principal?
Which of the following was the result in the case of Holmes v. Petrovich Development Co. involving the issue of whether e-mail communications sent between an employee and her attorney on an employer-owned computer were protected by the attorney-client privilege?
"Lakeside Property." Ronnie agreed to act as the agent of Sue in finding a piece of lakeside property for her at a good price and also in obtaining a loan for her with which to purchase the property. She agreed to pay him $500 for doing so. To assist Ronnie in his duties, Sue disclosed to him confidential information about her finances and debts. Ronnie decided that he needed help and paid Rick $300 to look for property for Sue. Rick told Ronnie about a great deal on a piece of lakeside property that Bruce had for sale. In fact, the deal was so good that Ronnie purchased the property for himself. When Sue found out about the property Ronnie bought for himself, she complained to Ronnie. He defended himself on the basis that he was not actually working for Sue when he found out about the deal. At the time, he was playing golf with Bruce. He also told Sue that he had hired Rick for $300 to assist him and that he could not be held liable because he had turned the job over to Rick. He asked Sue for reimbursement of the amount he paid Rick. Sue fired Ronnie threatening to sue him. Ronnie told Sue that he would counterclaim for the $300 owed to Rick. Only after he was fired, Ronnie disclosed to a number of parties information regarding Sue's spending habits which he thought were excessive.
47.
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Which of the following is the most likely result if Sue sues Ronnie for purchasing the property from Bruce instead of offering it to her?
48.
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Which of the following is the most likely result if Ronnie sues Sue for the $300 paid to Rick?
49.
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Which of the following is the most likely result if Sue sues Ronnie for revealing confidential information?
50.
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What should Sue seek if she wants possession of the lakeside lot Ronnie purchased?
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Solution: cascadia community college BUS201 final exam summer 2015