Section 1

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Cards (158)

Section 1

(50 cards)

False

Front

T/F: Sweet Plantation, Inc. made a written contract with Candy, Inc. whereby Sweet Plantation agreed to supply all of Candy's sugar requirements for the next year at $.25 per pound. A dispute arose as to how much sugar Sweet is to supply. The parol evidence rule will bar Sweet's introduction of evidence concerning the intent of the requirements of Candy.

Back

False

Front

A party to a contract has a duty to investigate the other party's factual statements.

Back

False

Front

T/F: Ramona orally agreed to work for Brahma, Inc. for the rest of her life for $50,000 per year. This agreement would not be enforceable since it violates the one-year rule of the statute of frauds.

Back

True

Front

When fraud is committed during the sale of goods, all states allow the remedy of rescinding a contract while still allowing the remedy of suing for damages.

Back

filing a suit to rescind the contract;

Front

a minor can undo a contract that has already been completed by having a court________the contract to formally cancel it.

Back

relative size of the contract

Front

When courts consider economic duress, they consider all the following except

Back

lose because he will not be able to prove reliance on the misrepresentation

Front

Larson entered Forrester's Auto Mart to purchase a used car. Larson found a vehicle with a sales price of $11,000. After Forrester answered all of Larson's questions, Forrester and Larson agreed to a sale. As Larson was leaving to get the money to pay for the car, Forrester told Larson that Robert Redford formerly owned the car. Larson later learned that Robert Redford had never owned the car. If Larson seeks to rescind the deal based on Forrester's statement, Larson will:

Back

True

Front

T/F: Bry, Inc. and Gangl Co. entered into an oral agreement for the sale of 3,000 sweaters. Both parties performed as required under the contract. Bry delivered the sweaters and Gangl accepted and paid for them. Since the contract is fully executed, it makes no difference that it was oral.

Back

True

Front

Travis had too many beers at the baseball game. Ed realized Travis was so intoxicated he wouldn't know what he was doing, so he got Travis to sign a promise to sell his motorcycle to Ed for $50. When Travis gets sober, he can attempt to void the contract.

Back

True

Front

After her 18th birthday Lora may, by words or action, ratify a contract she made during the previous year.

Back

True

Front

Alice offers to sell her car to Barry for $500, and Barry accepts. Alice's car has a market value of $1,000 but this fact is unknown to Alice. The contract is enforceable.

Back

True

Front

Spencer, age 18 and of sound mind, has the legal capacity to contract.

Back

Marty has ratified the contract and is now bound by its terms

Front

Marty, a 16-year old, contracts with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle. Marty agrees to make monthly payments until the purchase price plus interest were paid in full. It is three years later and Marty has not disaffirmed the contract and has made regular payments on the cycle since turning 18. Which is correct?

Back

it may be grounds for rescission

Front

which of the following is the most accurate statement regarding economic duress

Back

Silence as a toxic waste problem on real property that the buyer would not reasonably find

Front

Which of the following is most likely to constitute fraud?

Back

True

Front

T/F: The Uniform Commercial Code provides that, under certain circumstances, a merchant may be liable on a written contract, even though that merchant has NOT signed it.

Back

one party uses an improper threat or act to obtain an expression of agreement

Front

duress occurs when

Back

The contract is voidable by Marty

Front

Marty, a 16-year old, contracts with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle. Marty agrees to make monthly payments until the purchase price plus interest are paid in full. Which of the following is correct?

Back

lose, because the contract is voidable by Ryan

Front

Ryan, a minor, contracted to sell his auto to Ed, a 28-year-old. Ryan later refused to complete the sale. If Ed sues to enforce the contract, Ed will:

Back

True

Front

Mrs. Elsey was an elderly woman who relied on Nancy to visit her every day and prepare her meals. Nancy convinced Mrs. Elsey that she should give Nancy her house so they could live together and Nancy could better care for her, although Nancy really just wanted the house and had no intention of moving in to take care of Mrs. Elsey. Although Mrs. Elsey agreed, she may rescind the contract because of undue influence.

Back

A doctor-patient relationship

Front

An example of the type of relationship required to find undue influence would be:

Back

normally void the contract but will require to return the piano

Front

Mentally infirmed Sasha contracts to purchase a piano for $2,500 in 60 monthly installment payments. Six months later she tries to void the contract on grounds of mental impairment. A court will

Back

"there is no better car in the world"

Front

which of the following statements, if made by a seller who knows the statement to be untruthful, would not be misrepresentation of material fact resulting in a cause of action for fraud?

Back

False

Front

Fraudulent, but not innocent, misrepresentation permits the injured party to rescind a contract.

Back

This is a unilateral mistake, but one where ACE Corp. knew that a mistake had been made. Jeff should be able to rescind the contract

Front

Jeff was a subcontractor, bidding on a contract for ACE Corp., the general contractor. When adding up the total of materials and labor, Jeff's secretary mistakenly moved the decimal point one place, ending up with a bid of $3500 rather than $35,000. ACE Corp. accepted Jeff's bid, mostly because all the other bids were over $30,000. When Jeff learned of the mistake, he tells ACE Corp. that he cannot do the job for $3500. If ACE Corp. sues to enforce this contract, what is the most likely result?

Back

Either b or c may be applicable depending on the law of the jurisdiction in which the contract was formed

Front

Peter, a minor, purchased a car. Using a fake ID, he misrepresented his age to be 18. The contract is fully executed. Which of the following is correct?

Back

All of the answers are correct

Front

Angie, a minor, wants to avoid a contract she made with Cumberland Cycles. Which is a valid way for Angie to disaffirm the contract?

Back

a greater duty to reveal problems in the business because her daughter assumes she will be honest

Front

pamela is planning to sell her home decorating store to her daughter. pamela has

Back

True

Front

T/F: Raymond agrees to transfer an easement right to Sandra for $1,000. This contract is within the statute of frauds and therefore needs to be in writing to be enforceable.

Back

True

Front

A party injured by fraud generally has the choice of suing for damages or rescinding the contract.

Back

True

Front

T/F: Amanda, a recent university graduate, needed a car to get to her new job. To help Amanda secure a loan for the car, Ted, a friend, agreed to pay the loan should Amanda default. Ted's promise to pay the loan is a collateral promise. His promise must be in writing to be enforceable.

Back

True

Front

Roger, a minor, buys a stereo from Tuneland. Roger uses the stereo for a few months, returns it to Tuneland, and demands his money back. Roger may rescind the contract, return the stereo and get his money back.

Back

duress

Front

Mark's home had burned to the ground. When he met with his insurance adjuster, she accused him of burning down the house, and said she would have him criminally prosecuted if the didn't settle the claim for much less than the house was worth. Mark agreed to the settlement. If he changed his mind, he can probably rescind the settlement on the basis of

Back

and sue for damages whether the misrepresentations were fraudulent or innocent

Front

Deborah purchased a boat from Sun. She later learned that the salesman had made misrepresentations to induce her to make the purchase. Under UCC, Deborah can rescind the contract

Back

False

Front

If a salesperson says, "This is a great car and it's really fun to drive", but the car turns out to be a lemon, the salesperson has committed fraud.

Back

Ron must pay for the value of the benefit because medical care is a necessary

Front

Ron, a minor, goes to the hospital for treatment of the flu. On the new-patient form Ron signs, he agrees to pay for any care or treatment he receives. When billed for the treatment

Back

capacity

Front

Which of the following terms designates the legal ability of a party to enter into a contract?

Back

True

Front

If a minor can cancel a contract, it can be done at any time before the minor reaches the age of majority or within a reasonable time after reaching majority age.

Back

True

Front

T/F: Parol evidence refers to anything (other than the written contract itself) that was said, done, or written before or as the parties signed the contract.

Back

unless the children can prove that vince was unable to understand what he was doing, or that Annie used her position to improperly influence Vince, Annie can keep the property

Front

Vince has begun forgetting things and is becoming very difficult to get along with. He is 85, has been ill, and is very fond of his housekeeper Annie. He gives a deed to Annie for all of his real property. At Vince's death, his children, who got only his photograph albums according to the will, ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children. The probable result will be:

Back

False

Front

T/F: Patrick owned an acre of land which was being divided into building lots. Nancy was interested in purchasing the corner lot. In a signed writing, Patrick stated "I will sell Nancy Grimes a lot on Route 70 for $5,500 cash, payable on April 30, 2009." This writing is sufficient under the statute of frauds to make the contract enforceable.

Back

True

Front

T/F: The original statute of frauds is the English law that began the practice of requiring written evidence of certain kinds of contracts, but now the British government has repealed the writing requirement for most contracts.

Back

False

Front

T/F:Any contract involving a sale of goods of $100 or more must be in writing.

Back

False

Front

In contract law, a minor is someone under the age of 21.

Back

educational expenses

Front

as it applies to minors, which of the following is least likely to be regarded as a necessary?

Back

False

Front

Courts will not allow the rescission of a contract due to a unilateral mistake.

Back

False

Front

T/F: Hannah orally agrees to sell her house to Brett for $175,000. If she delivers the deed to Brett with the expectation of payment in two weeks and he fails to pay, most courts will not enforce the contract since it was not in writing.

Back

True

Front

Frank suffers from a mental impairment due to a brain injury from a airplane accident. He contracts with Glena to purchase her dining room furniture. A month later, he tries to void the contract. If he is unable to return the furniture, a court will not rescind the agreement unless Frank can show that Glena acted in bad faith.

Back

puffery

Front

If jane persuades linda to buy her horse by telling linda that the horse runs "like the wind", then Jane's statement is

Back

The plaintiff must show that although the defendant acted in good faith, the statement was material because the defendant expected the plaintiff to rely on it and enter into the contract.

Front

Which of the following is not a true statement about fraud?

Back

Section 2

(50 cards)

be signed by the defendant and contain the name of each party, the subject matter of the agreement, and the essential terms and promises.

Front

In order to satisfy the statute of frauds, a writing must:

Back

True

Front

A court may, at times, discharge a party who has not performed.

Back

The contractor can collect from the estate only.

Front

Abby dies, and her good friend, Claire is appointed to administer Abby's estate. Abby's house was in poor condition, so Claire orally hired a contractor to make repairs. Claire also orally promised that if the estate could not pay the repair bill, he would pay it even though he does not live in the house and has no entitlement under Abby's estate. The estate does not pay the repair bill. Who can the contractor collect from, if anyone?

Back

Maybe. Robert should go to court under the theory of promissory estoppel. Alfred made an oral promise that Robert relied upon, and the way to avoid injustice is to enforce the promise.

Front

Alfred orally promised to pay Robert a salary of $30,000 per year for five years and his moving expenses up to $10,000 if Robert would quit his job and come to work for him at his manufacturing plant. Robert agreed to do so, but requested a written contract. Alfred assured him that the company attorney would prepare such a contract as soon as possible, but Alfred needed Robert to start at once. Accordingly, Robert sold his house, moved his family, and commenced to work for Alfred. He was fired without cause two months later. No written contract was ever executed. Can Robert enforce Alfred's oral promise?

Back

False

Front

Generally, neither a "time is of the essence" clause nor a "force majeure" clause will be recognized by the courts because these types of clauses are seen as a violation of public policy.

Back

an integration clause.

Front

Vicki entered into a written contract to buy a car from Valley Motors. The written contract included a provision that stated, "This writing is the full and final expression of the parties' agreement; anything said before signing or while signing is irrelevant." This is:

Back

Both Moneybag's promise and Ethel's Exercise World's promise.

Front

Ethel's Exercise World plans to order three weight machines from Pete's Push, Pedal and Pull, Inc. for a total of $15,000. Pete's demands that Ethel's friend, Moneybags, a wealthy independent businesswoman (not connected with Ethel's business in any way) promise to pay Pete's for the three machines if Ethel's Exercise World does not. Which of the promises in this problem must be in writing to be enforceable?

Back

requires the defendant to sign the agreement.

Front

Under a contract for the sale of land, the statute of frauds:

Back

Totally integrated contracts.

Front

Which of the following types of contracts cannot be either contradicted or supplemented by evidence of prior agreements or expressions?

Back

declares that a contract or signature may not be denied enforceability just because it is in electronic form.

Front

The Uniform Electronic Transmission Act (UETA):

Back

UCC does not require all the terms of the agreement to be in writing.

Front

The main difference between the UCC requirement for a writing for a contract for the sale of goods and the common law is that the:

Back

False

Front

T/F: Either party may demand rescission of a fully executed oral contract that was required to have been in writing under the statute of frauds.

Back

True

Front

The legal right to sue for a breach of contract is subject to a statute of limitations.

Back

the lease is required to be in writing because of the one-year rule.

Front

Claude agrees to lease his house to Irvin for nine months, the lease to begin six months from the signing of the contract. Under the statute of frauds:

Back

True

Front

E-signatures are valid in all 50 states

Back

condition subsequent

Front

Melody is a recent graduate of State Law School. She lands an impressive employment contract with the firm of Dewey, Cheathem, and Howe, Attorneys at Law, on the stated provision that she pass the upcoming bar exam. This provision in the employment agreement is a(n):

Back

The contract is enforceable for 20 jet skis.

Front

Brahma entered into an oral agreement to sell 50 jet skis to Summer Sports. Brahma delivered 20 of the skis on May 1. On June 1, Summer Sports notified Brahma that it will not honor the agreement. Which statement is correct?

Back

False

Front

In negotiating the purchase of a vehicle, the sales representative told Karla, "I guarantee that you will be personally satisfied with this car." The guarantee was written on the contract when Karla purchased the car. If a controversy arises over Karla's satisfaction, the court will apply a subjective standard, which means Karla's judgment must be reasonable.

Back

-- Promises made as a part of a prenuptial agreement. -- The agreement to sell a car for $1500. -- The promise by an executor of an estate to pay a debt of the decedent. ALL OF THE ABOVE

Front

Which of the following promises ordinarily must be in writing to be enforceable?

Back

No. The parol evidence rule will most likely exclude any evidence of the discussion of the warranty.

Front

Vicki entered into a written contract to buy a car from Valley Motors. During the negotiations, the sales representative said that the car had a two-year full warranty. The written contract included a provision that stated, "This writing is the full and final expression of the parties' agreement; anything said before signing or while signing is irrelevant." The written contract did not include a warranty. Two months after Vicki took delivery of the car, she discovered that the transmission needed to be replaced. Vicki claimed that it was covered by the full warranty. Will Vicki be able to present evidence as to the sales representative's statements concerning the warranty?

Back

a house a real estate mortgage an easement ALL OF THE ABOVE

Front

For statute of frauds purposes, an interest in land includes:

Back

can enforce the contract against Amy because the statute of frauds is satisfied under this situation.

Front

Amy Hudson has been trying to purchase Glen Cappel's antique desk for some time, but Glen has been reluctant to sell. One evening Glen said to Amy, "Okay, I'll sell the desk for $550." Amy replied, "Thank you, Glen. I accept." The agreement was not reduced to writing, but Glen and Amy did shake hands. Two days later, Amy sent Glen a letter outlining the terms of the agreement, and stating that she would deliver $550 cash according to the agreement within ten days. The letter was signed, "Best regards, Amy." Later, Amy had second thoughts, and refused to go through with the purchase. Nothing had been exchanged at this point. Glen:

Back

False

Front

Concurrent conditions arise when there is both a condition precedent and a condition subsequent.

Back

10 days

Front

under the merchant's exception rule of the UCC, within a reasonable time of making an oral contract, if a merchant sends a written confirmation to another, and if the confirmation is definite enough to bind the sender herself, then the merchant who receives the confirmation will also be bound by it unless he objects in writing within

Back

a) A stamped signature. b) A retinal scan. c) A name keyed at the bottom of an e-mail. Any of the above would suffice. Judges define "signature" very broadly.

Front

Which of the following would suffice for a signature on a writing under the statute of frauds?

Back

enforceable, because Willis has partially performed the oral contract and made improvements on the land.

Front

Willis and Leslie orally agree to the sale of a parcel of land for $50,000: one-half payable now as a down payment; one-half payable in 30 days at the time of closing when the title will be transferred. The buyer, Willis, is to have possession immediately. Willis pays Leslie $25,000, takes possession of the land, and starts building a house. At the time of closing, Willis has made a substantial beginning on the house. However, Leslie refuses to transfer the title, claiming the oral contract is not enforceable. This contract is:

Back

Derek will win because the writing is sufficient under the statute of frauds.

Front

Derek and Abyan were discussing business over lunch when they agreed on the sale of a five-acre parcel of land. Since neither of them had any paper with them, Derek wrote the following on a napkin: "Abyan agrees to purchase from Derek a 5-acre parcel located at the local address of 123 105th Street, St. Joseph, Minnesota, U.S.A. for the price of $4,500 per acre. Transfer of title, payment, and possession to take place on May 1, 2008." Abyan signed the napkin. On May 1, 2008, Derek was ready to close the deal and transfer title but Abyan refused to pay the purchase price. If Derek sues Abyan for the price of the land, the most likely result will

Back

rescission

Front

Al contracted to sell his house to Bev. Subsequently, they both changed their minds and agreed to cancel the contract. The contract between Al and Bev is discharged by:

Back

True

Front

A wholesaler of coffee notifies a retailer that it cannot fulfill its contractual obligation to deliver 1,000 pounds of coffee at the agreed upon price of $2.00 per pound next month because of recent price increases in coffee. The retailer may treat the wholesaler as having breached the contract and sue for damages even though the wholesaler's performance is not due until next month.

Back

full performance

Front

M & E contracted to sell 500 music stands to Coda, Inc. M & E shipped the stands in accordance with the agreement. Coda paid for the stands as promised. The contract between M & E and Coda is discharged by:

Back

False

Front

The statement, "You will have a job with Snelling & Snelling as long as you complete your degree in business administration this May" does not create a condition because it does not include the phrase "provided that."

Back

a collateral promise, and it must be in writing to be enforceable

Front

when one person agrees to pay the debt of another as a favor to that debtor, it is called

Back

object to the confirmation in writing within 10 days

Front

Renita, a merchant, has received a signed, written confirmation from Merchants, Inc. referring to goods she had not ordered. Renita should:

Back

True

Front

commercial impracticality means some event has occurred that neither party anticipated and fulfilling the contract would now be extraordinarily difficult and unfair to one party

Back

True

Front

T/F: Under the statute of frauds, the writing must: be signed by the defendant; and must state with reasonable certainty the name of each party, the subject matter of the agreement, and all of the essential terms and promises.

Back

False

Front

Ramon purchased 5,000 pounds of coffee from Quick Jump Coffee. The coffee was to be delivered on September 1. Since the contract included a date for performance, time is of the essence and the delivery date is strictly enforceable.

Back

False

Front

Assume that Jessie and Lester have formed a contract whereby Jessie agrees to deliver 10,000 dozen "Grade A Large Eggs" to be shipped in recycled paper cartons. A shortage of paper makes paper cartons much more expensive, so Jessie uses styrofoam cartons and ships the eggs. Lester is entitled to cancel the contract based on this deviation of terms in the contract.

Back

False

Front

Alice signs a contract with Bob to buy Bob's house for $150,000 "if I am able to obtain a mortgage loan for $125,000, at no more than 7% interest, payable over 15 years." Assume that Alice tries but is unable to obtain the described loan, and therefore refuses to proceed with the purchase. Alice is in breach of the contract.

Back

requires the defendant to sign the agreement

Front

Under a contract for the sale of land, the statute of frauds

Back

Yes

Front

Does the statement "the sale of goods will not be enforceable unless there is some writing, signed by the defendant, indicating that the parties reached an agreement accurately reflect the UCC's basic rule?

Back

True

Front

An employment contract is an example of a personal satisfaction contract.

Back

False

Front

Abdulla hired Granite Construction to build an addition onto his home. Granite Construction dug the foundation but then abandoned the project. Granite Construction is entitled to receive the full contract price minus the value of the defects.

Back

is required to pay the full contract price, mi-nus the value of Jennifer's defective perfor-mance.

Front

Jennifer substantially performs her service contract with Gretchen. Due to Jennifer's failure to render complete performance, Gretchen:

Back

True

Front

T/F: Rest Well Hotel orally ordered 1,000 blankets monogrammed with its initials, RWH, from TriColor Textiles. TriColor had just finished monogramming the blankets when Rest Well called and canceled the order. TriColor will be able to enforce the agreement even though there was no writing.

Back

False

Front

Most contracts are discharged by mutual agreement.

Back

enforceable because of the leading object rule.

Front

Tuan is president and sole shareholder of Entertainment, Inc. Entertainment, Inc. wishes to borrow money, but to do so, the bank requires Tuan to orally agree to pay the debt of the corporation if Entertainment, Inc. cannot. Tuan's guarantee to repay is:

Back

unenforceable

Front

When a contract falls within the statute of frauds but is not reduced to a writing, the contract is:

Back

True

Front

Monumental, Inc. contracts with Champion Builders to erect a three-story office building on a parcel of land it has purchased. Before construction begins, the local zoning board changes the zoning of the parcel and those adjoining it to residential use only. Monumental's contract with Champion is discharged.

Back

Seller specially manufacturing goods for the buyer defendant admits in our that there was a contract goods have been delivered or paid for

Front

Which of the following is a "special circumstance" in which an oral contract may be enforceable under the UCC?

Back

condition precedent

Front

Sam, the seller, enters into a contract agreement to buy Betty Lou's house on the condition that he is able to secure financing at or below 6% per year. This is a:

Back

Section 3

(50 cards)

a concurrent condition

Front

Mary contracted to buy 100 table lamps. Under the terms of the agreement, Mary is to pay for the lamps upon delivery. This is an example of:

Back

determines who has the burden of proof.

Front

The distinction between a condition precedent and a condition subsequent:

Back

False

Front

The Employee Retirement Income Security Act (ERISA) requires employers to establish pension plans for employees.

Back

An unforeseeable trade embargo causes prices to triple.

Front

Which of the following events would probably excuse performance of a contract based on commercial impracticability?

Back

intentional infliction of emotional distress.

Front

Orson was fired from his job behind the ticket counter at the airport. He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his co-workers and customers. His supervisor told him not to return. Orson's employer faces potential liability for:

Back

Liberty Farm wins; there was failure of a con-dition subsequent.

Front

Dodger bought an insurance contract from Liberty Farm Co. The policy contained a clause stating that all claims for losses had to be reported within 45 days after the date of the loss or the claim would be barred. Time is stated to be of the essence. Dodger sustained a covered farm loss, but did not report it to Liberty Farm until 50 days later. Liberty Farm denied coverage for the claim. If Dodger sues, who wins?

Back

the full contract price minus the value of the defects

Front

Oxtron, Inc. substantially performed its obligations under a service contract. Oxtron is entitled to receive:

Back

True

Front

in the absence of a specific law to the contrary, employers have the right to fire workers for off-duty conduct

Back

employers must keep records of all workplace injuries.

Front

Under the federal legislation known as OSHA:

Back

limit the time in which an injured party may sue

Front

statute of limitations

Back

Norris-LaGuardia Act

Front

what legislation did congress pass in 1932, that prohibited federal court injunctions in nonviolent labor disputes, thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

Back

Yes.

Front

Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working. Does the employer have a legal right to make this threat to Zoe?

Back

not obligated to pay under the frustration of purpose doctrine.

Front

Harry agreed to pay $100 to rent a rooftop spot in downtown Seattle to watch the New Year's Eve festivities. The festivities were unexpectedly cancelled because of concern over a terrorist attack. Harry is:

Back

False

Front

Under the Family and Medical Leave Act, an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Back

False

Front

There is a higher percentage of workers in labor unions now than at any other point in history

Back

False

Front

As a general rule, employers have a legal obligation to disclose information about former employees to potential future employers.

Back

True

Front

Prior to the Industrial Revolution, the primary law of employment was that, absent an agreement otherwise, a worker was hired for a year at a time.

Back

Jim can recover even if he was negligent and violated the employer's rules.

Front

Jim was a mechanic. One day when he attempted to weld a car's gasoline tank, it exploded and he was hurt. He filed to collect workers' compensation. His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank. Which statement is correct?

Back

is discharged from any further obligations under the contract

Front

In January 2008, Professor Noe entered into a contract with State University. She agreed to teach full time during the 2008-2009 academic year. Professor Noe died on May 31, 2008. Her estate:

Back

when the test is part of an on-going investigation into crimes that have occured

Front

when may an employer require an employee to submit to a lie detector test?

Back

can sue Sea Rovers immediately for breach of contract.

Front

Sea Rovers, Inc. contracted to sell 1,000 pounds of shrimp to the Seafood Shack with delivery on June 1. On May 1 Sea Rovers advised the Seafood Shack that it would not be able to deliver the shrimp. The Seafood Shack:

Back

parties may expressly state a condition; "provided that"

Front

which of the following statements is accurate concerning express conditions?

Back

True

Front

Some courts have held that employee handbooks create binding contract terms.

Back

Dana may refuse to accept the painting if she really does not like it.

Front

Dana hires Paris to paint a portrait of her poodle, "Mack." The painting is to be done to Dana's personal satisfaction. Upon completion of the painting, which of the following will be true?

Back

No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

Front

Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right?

Back

True

Front

The workers at Thom Trucking went on strike over wages. Tom Trucking may hire permanent replacement workers.

Back

is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.

Front

Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for Maxine and her family. She now:

Back

True

Front

During the hiring interview, Supervisor Staci told Henry that as long as he did his job as requested, he would have a job until he retired. Courts have been willing to enforce such an oral promise, even if the company's top management did not approve the statement.

Back

is an event that must occur before a party be-comes obligated under a contract.

Front

condition

Back

True

Front

Sit-down strikes, in which members stop working but remain at their job posts, physically blocking replacement workers from taking their places are legal

Back

Yes, if they work for a company with at least 50 workers.

Front

Does the Family and Medical Leave Act apply to professionals like CPAs?

Back

a party is discharged when she has no more duties under the contract

Front

what does it mean if a party to a contract has been discharged?

Back

companies with 50 or more employees.

Front

The Family and Medical Leave Act applies to:

Back

True

Front

the management and union at tricolor have bargained for two years without reaching an agreement. after notifying the union, tricolor prohibited the workers from entering the factory to work. This is a lockout.

Back

must give the employer at least 60 days' notice before going out on strike.

Front

A company's collective bargaining agreement has expired and negotiations are underway for a new one. After one exhausting session, union leaders have decided management will not bargain in good faith. The union declares it will be going out on strike the following midnight if an agreement is not reached. The union:

Back

True

Front

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

Back

False

Front

If employees wish to organize a union, the employer is prohibited from distributing written notices to employees stating is is opposed to union activity within the company.

Back

True

Front

The national labor relations act guarantees employees the right to join unions

Back

Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees.

Front

Ron and several fellow workers of Vicy, Inc., a small manufacturing company, wished to organize a union. When Vicy learned of this activity, it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

Back

None of the above; the contract duties are dis-charged.

Front

Linda agrees to buy Missy's Greyhound race dog for $2,000. Linda is to deliver the money and take possession of the dog the next morning. That night, running his best race ever, the dog runs away from Missy, never to be seen again.

Back

it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.

Front

Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he stated she was not a very good worker and had been fired for excessive absences. He said he believed Jessica was on drugs, but he did not know for sure. Jessica learned what Mark was saying and sued him. In most states:

Back

wage provisions do not apply to professional or managerial employees.

Front

The Fair Labor Standards Act:

Back

True

Front

valley mart told its employees that they would be fired if they actively supported a unionizing effort. Valley Mart has committed an unfair labor practice.

Back

if the condition does not occur, one party will probably be discharged without having to perform

Front

key to all conditional clauses

Back

this is material breach. Jackie owes nothing to Charles

Front

Jackie hires Charles to lay new carpet in her bedroom. Charles does such a bad job, that the only way to fix the carpet is to start over and relay the carpet. Which of the following best describes this situation?

Back

The union cannot strike because of the no-strike clause in the contract.

Front

A union declares its workers are going on strike. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. The union claims the CBA's no-strike provision is not binding since new union leadership is in place. Which of the following statements is correct?

Back

Yes, since the heart attack occurred while she was at work.

Front

Sharon had a heart attack while she was under stress at work. Can she collect workers' compensation for the time she had to be away from work as she recovered?

Back

fore majeure clause

Front

A contract between a company in the U.S. and one in China, contained a clause that stated: "If an event happens which is extraordinary and out of the control of the parties such as a strike, act of God, fire, accident, or transportation difficulties, then the affected party shall be relieved of its obligations under the contract." This type of clause is:

Back

Grand Hall wins; the contract date was strictly enforceable.

Front

Grand Performance Hall is in the process of remodeling and is scheduled to open for business after being closed for 50 years. As part of the remodeling, it is installing a new sound system. The sound system is to be installed by Sound Systems, Inc. on or before April 10. Opening night of the hall is May 1. The contract states that "time is of the essence" because of the opening-night deadline. Sound Systems has some financial difficulties and doesn't deliver the system until April 20. Grand Hall refuses to accept it, and Sound Systems sues. What result?

Back

commercial impracticability

Front

Ron operates a garbage pickup business. He contracts to pick up garbage from an apartment complex for the next 52 weeks at a price of $150 per week. Unexpectedly, the landfill center where Ron takes the garbage to dispose of it, files for bankruptcy. As a result, Ron must travel an additional 100 miles to the nearest landfill center, turning Ron's expected profit into a loss of $40 per week. Ron's best argument in support of his petition to be discharged from the contract is:

Back

Section 4

(8 cards)

someone who discloses wrongdoing

Front

what is a whistleblower?

Back

private employers are permitted to test job applicants and workers for alcohol and illegal drugs

Front

which of the following statements regarding alcohol and drug use is accurate?

Back

entitled to get their jobs back.

Front

Employees of Truan went on strike because Truan refused to bargain in good faith. After the strike, the striking workers are:

Back

are generally illegal.

Front

Secondary boycotts:

Back

does not have to give the striking employees their jobs back since this was an economic strike.

Front

Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. After the strike is over, Mega Corp.:

Back

could be considered a from of intentional infliction of emotional distress

Front

which of the following statements regarding workplace bullying is accurate?

Back

Mega Corp can hire replacement workers at any time during a strike.

Front

Employees of Mega Corp. have gone out on strike seeking better pay. Mega Corp. announces that if the union does not end the strike it will begin hiring replacement workers. Which statement is correct?

Back

a union represent all members impartially and in good faith.

Front

The duty of fair representation created by the NLRA and the LMRDA requires that:

Back