julielynntran posted a question
63. Double D Ranch and Esau enter into a contract on August 1 for the sale of200 cattle. Esau cancels the
contract ten days later. Double D is unable to sell the cattle to another buyer. Double D is entitled to
a. force Esau to accept the cattle and recover the contract price.
b. keep the cattle and recover the contract price from Esau.
c. keep the cattle only.
d. recover the contract price from Esau but must destroy the cattle.
64. Phil and Kelsey enter into a contract for a sale of Harmonica, a dog. Phil pays the price, but Kelsey does not
deliver. Phil can use specific performance as a remedy if
a. Kelsey is lawfully withholding delivery of Harmonica.
b. Phil cannot effectively cure the defect.
c. Harmonica is unique.
d. Harmonica has not been identified to the contract.
65. Olga, a salesperson for Pre-owned Cars & Trucks, Inc., tells Quincy, "This is the best car I've ever seen."
This statement is
a. an express warranty.
b. an implied warranty.
c. a warranty of title.
d. puffery.
66. Big Screen Video Corporation sells high-definition television sets. Under most circumstances, Big Screen
Video will be presumed to have warranted that its title to the TVs is
a. the same as each brand's name.
b. none of these choices-a warranty of title is not presumed.
c. good and valid.
d. the best that money can buy.
67. Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a
merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of
merchantability. Under the UCC, this means that the goods are reasonably
a. fit for the buyer's particular purpose.
b. fit for the ordinary purpose for which such goods are used.
c. suitable for resale at an acceptable price.
d. the best quality that money can buy.
68. Open Country, Inc., makes grills, camp ovens, and other outdoor cooking appliances. Under the Restatement
(Third) of Torts: Products Liability, Open Country could be liable for a warning defect ifthere is a
foreseeable risk of harm posed by one of its products and
a. the omission of a warning renders the product not reasonably safe.
b. there is a reasonable alternative design.
c. there is a lack of care in making of the product.
d. none of these choices.
69. Orange Company makes computers. The company's ad states that "if you aren't eatin' an Orange, you aren't
gettin' any 'C." The Federal Trade Commission would consider this ad
a. false and misleading.
b. false only.
c. misleading only.
d. neither false nor misleading.
Name: ID: A
70. Fun-E Products, Inc., makes and sells toys. The government agency that has the authority to remove a
potentially hazardous toy from the market is
a. the Consumer Product Safety Commission.
b. the Federal Reserve Board of Governors.
c. the Federal Trade Commission.
d. the Food and Drug Administration.
71. Paychex Loan Company extends credit in the ordinary course of its business. Under the Truth-in-Lending
Act, Paychex must inform potential borrowers of
a. credit terms offered by other lenders and its own credit terms.
b. only credit terms offered by other lenders.
c. only its own credit terms.
d. only the credit terms that will convince borrowers to "close the deal."
72. Louis, a certified public accountant and an investor, and Maria, an insurance salesperson and a realtor, may
create an agency relationship for
a. a business purpose only.
b. a legal purpose only.
c. any purpose.
d. no purpose.
73. Lather Up Soap Products Company grants its agent Kathy an exclusive territory in which to sell Lather Up
products. The firm cannot compete with Kathy in that territory under the principal's duty of
a. avoidance.
b. cooperation.
c. indemnification.
d. reimbursement.
74. Iggy hires Joy to act as his agent to purchase Kup-a-Koffee Kompany. Iggy tells Joy to reveal only that she is
buying the firm on behalf of a third party, without telling Kup-a-Koffee's seller who that third party is. Iggy is
a. a disclosed principal.
b. an implied principal.
c. an undisclosed principal.
d. a partially disclosed principal.
75. Jock hires Kym to act as his agent to purchase Lifetime Gym & Fitness, Inc. Jock tells Kym to reveal that she
is buying the firm on behalf of a third party and to tell Lifetime's seller who that third party is. Jock is
a. a disclosed principal.
h. an apparent principal.
c. an undisclosed principal.
d. a partially disclosed principal.
76. Clu serves in a representative capacity for Digger. Elmo is injured through Clu's negligence. Digger may be
liable to Elmo if Clu's conduct occurred
a. due to a propensity Digger was not and could not have been aware of.
b. during normal working hours.
c. in the course and scope of Clu's employment.
d. outside the parties' employment relationship.
Name: ID: A
77. Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers
will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
78. Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour
requirements, Verity must be engaged in
a. business activity.
b. employment at will.
c. international commerce.
d. interstate commerce.
79. Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled,
in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
80. David's family came to the United States from Ukraine in 1895. Eva's family came to this country from
Vietnam in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on
a. a national origin quota system proportional to the 1890 census.
b. a racial quota system proportional to numbers updated periodically.
c. a system of sanctions against employers who hire illegal immigrants.
d. excluding convicts and prostitutes.
81. Socrates Software Corporation wants to hire Tomas, a noncitizen. To hire Tomas, Socrates must petition
a. Citizenship and Immigration Services.
b. the U.S. Department of State.
c. Immigration and Customs Enforcement.
d. the National Labor Relations Board.
82. General Packaging Corporation, a U.S. employer, may hire Hilo, a noncitizen, ifHilo is
a. a lawful permanent resident of the United States.
b. an unlawful but hopefully permanent resident in the United