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Exam (elaborations)

BUL 4310 FINAL EXAM QUESTIONS & ANSWERS

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BUL 4310 FINAL EXAM QUESTIONS & ANSWERS

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BUL 4310 FINAL EXAM QUESTIONS & ANSWERS


Geoffrey is an agent of Smith's Meat Products Limited. While delivering products, the
company's van breaks down. What legal theory, if any, would allow Geoffrey to contract
a garage for the repair of the principal's van? - Answer -Incidental authority

It is said that the law should be viewed as a delicate balancing act because: - Answer -
one company's contract rights may be upheld at the expense of another's

Lisa agrees to sell Deb an electronic entertainment center worth $1,000 for $700 in
order to have a rapid sale. Later Lisa insists that she may rescind this agreement since
the agreed price was 30% below fair market value. Lisa may: - Answer -Not rescind
since Lisa and Debbie freely agreed

When a consideration is so ridiculously inadequate that it shocks the court's conscience,
it is considered: - Answer -Unconscionable

In what respect is a bailment legally different from a sale? - Answer -Title does not
transfer in a bailment.

Probate courts and courts of claims are examples of courts with - Answer -special
jurisdiction

While living in Oregon, Lillian was accused of molesting several children in Idaho five
years earlier, where she had worked as a social worker. Lillian could be brought back to
Idaho for trial: - Answer -under Article IV of the U.S. Constitution

Thomas is named "office manager" by Bigger Co., but his precise duties are not
described. What type of authority would authorize Thomas to purchase office supplies?
- Answer -Implied authority

Uncle Rodrick was deeply in debt when he died. His niece Evangeline became the
administrator of his estate. She orally promised Rodrick's creditors that she would
personally pay his debts if they would not publicize the fact that Rodrick died in debt.
When Evangeline was unable to pay the debts, the creditors sued her. Will the creditors
be legally able to collect from Evangeline? - Answer -No, since her promise was not
written and signed

Donna entered into an oral contract with Ava to purchase a house from Ava, with $500
per month payments for the next 10 years. Donna moved into the house, remodeled it,
and did extensive repairs. At the end of 10 years, Ava refused to convey title to the
house to Donna and produced evidence at the resulting trial that the fair market rental
value for the house averaged $800 per month over the 10-year period. Which of the

, following is true according to the Statute of Frauds? - Answer -Donna can claim
ownership since she remodeled the house relying on the oral contract.

Avalon Co., by agreement, hires only union members in good standing. Avalon Co.: -
Answer -has created a closed shop.

outlines the laws and the procedures followed by merchants in commercial transactions.
- Answer -Mercantile law

Most courts with appellate jurisdiction are empowered to determine whether the lower
courts have made errors of law. This process is referred to as: - Answer -plenary
review

Courts with the power to hear any type of case are said to exercise: - Answer -general
jurisdiction

Corazon employs Josefina, a C.P.A., to represent her in tax liability negotiations with
the IRS. Josefina is busy with other clients and delegates the negotiation to Lillian, a
non-C.P.A. member of her office. Should Corazon object to this delegation? - Answer -
Yes, Corazon is relying on Josefina's skill and integrity.

Joe, an outspoken union advocate working in the shipping department at Frontline Co.
for the past 10 years, is transferred to clean out the oil pit. Joe is also paid less for this
job. Joe has several allergic reactions to the oil and quits the company due to health
reasons. Frontline Co. has: - Answer -Engaged in constructive discharge

A proposal made by Braxton, to his friend Mike, indicating willingness to enter a contract
to buy Mike's old car for $4000, fulfills which element of the formalist theory of contract
law? - Answer -Mutual assent

Linda calls a cab in the morning to get to work. The fare that Linda would pay to the cab
is: - Answer -A Consideration

characterizes any system of law that is consistently applied in the same evenhanded
way, no matter who the antagonists might be. - Answer -Neutrality

Hamyes Chemical Works dumps tons of toxic materials into the river which is the main
source of water for the city. George, an employee, reports this to the city council and
agrees to give a testimony when required to do so. George is immediately discharged
from the job. Haymes Chemical Works: - Answer -Would be liable for legal action under
the Wagner Act.

While one person has found the actual intent of the law, the other has missed its true
meaning. This duality in law is the balance between: - Answer -The spirit and the letter
of law

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