FinalExaminationSTUDENT - Course Number: MGMT390 Judge,...

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Course Number: MGMT390 Instructor: Christopher E. Judge, Esq. Business Law Office: 510-262-7690 Term: 10/W1 FAX: 510-262-7671 E-Mail: cejudge@ com - FINAL EXAMINATION (December 9, 2010) Name: _____________________ ____ Please Print This is an open-book examination. Questions 1 through 35 are True/False and worth 1 point each. Questions 36 through 70 are Multiple Choice and also worth one point each. Questions 61 through 70 are short essay (a few sentences) and are worth 3 points each. There are two voluntary Extra Credit Questions, worth 10 points and 5 points, respectively. Your test is due back to me (e-mail, fax or snail-mail) by noon, Saturday, December 18, 2010. NOTE: If transmitting via email attachment, please incorporate your name in the filename so that I can distinguish the tests when I save them. True/False Indicate whether the sentence or statement is true or false. ____ 1. The injury suffered by a nonbreaching party due to the breach of a contract may be remedied by payment of compensatory damages. ____ 2. When a party fails to deliver goods contracted for, the nonbreaching party may obtain consequential damages for a loss of profit from a planned resale. ____ 3. Damages are awarded for whatever injury a nonbreaching party suffers, whether or not the breaching party could have foreseen the injury. ____ 4. Normally, when a nonbreaching party has been damaged by a breach of contract, he or she has a duty to mit- igate those damages. ____ 5. On a tenant's abandonment of leased premises, the landlord's measure of damages is the amount of the unpaid rent with no adjustments. ____ 6. Specific performance is the remedy customarily used when one party has breached a contract to perform a personal service. ____ 7. A contract, to be enforced, may require the signature of the party against whom enforcement is sought. ____ 8. Parties cannot vary the provisions of the UETA by contract. ____ 9. The UCC imposes some different rules of conduct on merchants and consumers. ____ 10. Fungible goods are goods that are alike by physical nature, agreement, or trade usage. ____ 11. An innocent buyer from a thief acquires title to the goods as a good faith purchaser. 1
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____ 12. Under a shipment contract, the risk of loss passes to the buyer when the seller places conforming goods in the possession of the carrier. ____ 13. A buyer has an insurable interest in identified goods. ____ 14. When one party fails to cooperate with the other party in carrying out the terms of a contract, the other party may be excused from performing. ____ 15. In general, a buyer's duty to pay for tendered goods is not absolute until the buyer has had an opportunity to inspect the goods. ____ 16.
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This note was uploaded on 12/18/2010 for the course MGMT MGMT 201 taught by Professor Claper during the Winter '10 term at Embry-Riddle FL/AZ.

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FinalExaminationSTUDENT - Course Number: MGMT390 Judge,...

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