BUL 3320 USF Exam 3 Questions And Answers

The principal-agent relationship is a fiduciary relationship - ANS True If the principal is undisclosed, an agent can have no apparent authority - ANS True The Labor-Management Relations Act (Taft-Hartley Act) prohibits the closed shop (i.e. requiring an employer to hire only union members), but permits the union shop (i.e. permitting an employer to hire non-union members but requiring the hired employee to become a union member within a specified time after gaining employment and to remain a member in good standing as a condition of employment) in a state unless a union shop is prohibited by a right to work law in that state - ANS True Northern Airlines would like to hire all male cabin attendants for its airline in order to serve the growing number of female executives who travel. Sex is a legal BFOQ under these facts - ANS False Which of the following acts may terminate an agency? A) Lapse of time B) Revocation of authority C) Renunciation by the agent D) All of the above are correct - ANS D) All of the above are correct Which of the following allowed claims will be paid first to the debtor's estate in a Chapter 7 bankruptcy? A) A gap creditor with a claim of $2,000. B) A state claiming $5,000 in back taxes. C) The trustee's expenses of $3,000. D) Employees claiming unpaid wages of $4,000 for wages earned within 90 days of the bankruptcy filing. - ANS C) The trustee's expenses of $3,000. Pat wishes to raise some money to begin mass producing their prize winning jellies and jams. Pat offers their neighbors apiece of their profits if they will stake their at $2,000 a piece. Is the investment a security? A) Yes, since Pat will do all of the work. B) Yes, because Pat's neighbors will have a security interest in the jelly. C) No, since Pat's neighbors are putting no effort into it. D) No, because Pat is not issuing stock certificates - ANS A) Yes, since Pat will do all of the work. Seller has a contract to provide 100 widgets to Buyer at a price of $10 a widget. The Seller and Buyer agreed that time was of the essence and delivery is due on October 1. Due to unanticipated delays, Seller is unable to get the widgets to Buyer until October 2. Buyer is not harmed by the delay but sues Seller anyway because Buyer is angry at Seller. Even if Seller's failure to deliver the widgets on October1 would not have been a material breach under the common law, it would be a violation of the perfect tender rule under the Uniform Commercial Code. - ANS True Seller has a contract to provide 100 widgets to Buyer at a price of $10 a widget. The Seller and Buyer agreed that time was of the essence and delivery is due on October 1. Due to unanticipated delays, Seller is unable to get the widgets to Buyer until October 2. Buyer is not harmed by the delay but sues Seller anyway because Buyer is angry at Seller. If Buyer cannot establish any financial damages as a result of Seller's breach, Buyer will still be able to obtain a judgment for nominal damages against Seller. - ANS True Foster Co. and Rice executed a written contract by which Foster Co. was to sell 5 acres of land to Rice for $270,000. The contract required Rice to pay the entire $270,000 at the closing. Foster Co. has refused to close the sale of the land to Rice although Rice is ready, able and willing to close. Rice would be entitled to the remedy of specific performance of the contract with Foster Co. - ANS True About 10% of trade secrets that are misappropriated or taken are by employees and departing employees or business partners and the rest are taken by outside hackers. T/F - ANS False About 80% of trade secrets that are misappropriated are taken by employees and taken by party employees. T/F - ANS True Federal statute that preempts existing state trade secret laws. T/F - ANS False Federal statute don't preempt existing state trade secret laws. T/F - ANS True Federal patent law is exclusive, there are no state patent laws. T/F - ANS True Suit must be brought in a state where the defendant resides. T/F - ANS False Federal copyright law is not exclusive. T/F - ANS False A copyright is granted only upon registration with the US copyright office in D.C. T/F - ANS False Only tangible writings in subject that copyright registration and protection. T/F - ANS True Individual granted copyright protection only for the Wi-Fi. T/F - ANS False A mark must be in actual use in order to register it. T/F - ANS False The original registration of a mark is valid for 70 years plus the lifetime of that repetition. T/F - ANS False A mark may be a trademark, service mark, certification mark, or a collective membership mark. T/F - ANS True The only met to quality for federal protection is for a mark to be distinctive.. T/F - ANS False Words that are just ordinary words or symbols are just descriptive but have no secondary meeting can still be trademarked.