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Exam (elaborations)

LES 305 EXAM 3 QUESTIONS AND VERIFIED ANSWERS

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LES 305 EXAM 3 QUESTIONS AND VERIFIED ANSWERS

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A contract that is not enforceable by either party.


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Void Contract




A promise to make payment to a charitable organization; a pledge; it is enforceable
even though the charity gives nothing in exchange.


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Charitable Subscriptions

,Damages agreed to in advance and provided for in the contract; usually appropriate
when it is difficult to know how much the damages will be.


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Liquidated Damages




A federal agency that develops and enforces safety standards in the workplace.


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Occupational Safety and Health




In contract negotiations, the person who makes the offer.


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Offeror




Original federal act governing employer obligations on employing immigrants


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Immigration and Naturalization Act

,Clause in a contract that excuses performance in the event of war, embargo, or other
generally unforeseeable event.


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Force Majeure




A new offer made in return by one who rejects an unsatisfactory offer.


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Counteroffer




Under FLSA, all employees must be paid a minimum wage.


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Minimum Wage




Intent to defraud.


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Scienter

, Receipt for goods issued by a carrier; used as a means of transferring title in
exchange for payment or a draw on a line of credit.


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Bill of Lading




In contract formation, misstatements of materials facts without the intent to deceive
the other party.


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Misrepresentation




Liability without fault


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Strict liability




Negligence defense that bars an injured party from recovering any damages if the
injured party acted in a negligent way and contributed to her own injuries.


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