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LES 305 ASU KORETZ EXAM 3 TERMS QUESTIONS AND VERIFIED ANSWERS

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LES 305 ASU KORETZ EXAM 3 TERMS QUESTIONS AND VERIFIED ANSWERS

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Parol Evidence Rule


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Oral evidence cannot be used to contradict or add to the terms of a
written contract that appears to be the final expression of the agreement.




Pension Protection Act of 2006


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Federal law that imposes additional funding and disclosure requirements
on employers who have employee pension plans.

,Workers' Compensation


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State system that provides payments for workers who are injured on the
job.




Conditions


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Events that must occur before contract performance is due.




Unenforceable Contract


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A contract that cannot be enforced due to a procedural error.




According to an article in U. S. News and World Report, the emissions scandal will
cost Volkswagen $39 billion in addition to a $40 per share price decrease. The
company had allegedly installed software into some of the company's vehicles that
would circumvent emissions testing equipment that allowed the vehicles to pass
emissions when they should have failed. The Detroit News reported "...hidden
software that allows pollution-control systems on 2.0-liter diesel cars to work
normally when being tested for harmful emissions coming out of the tailpipe — but
shuts those systems off during regular driving. That allowed 11 million cars worldwide
to produce up to 40 times the allowable smog-forming pollution allowed in the

,United States..."


If the high emissions caused a customer to develop a medical condition, Volkswagen
would be liable under this theory
a. a breach of an express warranty.
b. a breach of the implied warranty of fitness for a particular purpose.
c. a breach of the implied warranty of merchantability.
d. a breach of contract.


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c. a breach of the implied warranty of merchantability.




Best practices for companies with factories or subcontractors in other countries
include
a. Accept independent monitoring by local human rights groups.
b. Settle disputes with workers who have been unfairly dismissed when they sought
better wages and working conditions.
c. Improve wages so they are comparable with similar industries in that country.
d. All of the above.


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d. All of the above.




Commercial Impracticability


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, Contract defense for nonperformance under the UCC that excuses a party
when performance has become impossible or will involve much more than
what was anticipated in the contract negotiations.




Factors that determine whether a person is an employee or independent contractor
include
a. What the person is labeled.
b. Whether the employer can order the tasks to be completed.
c. Whether taxes are withheld.
d. All of the above.


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b. Whether the employer can order the tasks to be completed.




Jim offers to sell you a used car for $12,000.
a. He may revoke the offer at any time before you accept it.
b. This is a bilateral contract.
c. You may reject the offer.
d. Either a or c.


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d. Either a or c.




Under this rule, a court will not allow into evidence any oral statements made before
or at the time of a written contract's signing.
a. parol evidence rule
b. statute of frauds

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