BUL 4310 FINAL EXAM WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED RATIONALES ANSWE, Exams of Nursing

Download BUL 4310 FINAL EXAM WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED RATIONALES ANSWE and more Exams Nursing in PDF only on Docsity! 1 | P a g e BUL 4310 FINAL EXAM WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED RATIONALES ANSWERS 2024(NEWEST) ALREADY GRADED A+ CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 15-2. By using a similar domain name to CallTalk's, CellTalk is most likely attempting to profit from its competitor's trademark dilution Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co- workers, discussing personal issues and recommending products or services that she likes. 1. Refer to Fact Pattern 15-1. One of the senders - Great Looks, Hot Trends, or Ilene - is acting outside the bounds of federal law. Federal Law prohibits the sending of commercial e-mail to randomly generated addresses Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized. False Much of the material on the Internet, including software and database information, is not copyrighted. False Michael is a mechanic who did work on Jill's car. If Michael imposes a lien on Jill's car, it will end when Michael voluntarily surrenders possession of the car Ridgeline Bank provides Shirley with a mortgage to buy a home. The rate of interest is fixed for three years and then adjusts annually. This is an adjustable-rate mortgage Portia owes Bon $500 on their contract, but refuses to pay. To collect, Bon files a mechanic's lien, under which security for the debt is represented by 2 | P a g e Portia's real estate Bess wishes to appeal a decision of a bankruptcy court. Bess may appeal to a federal district court George borrows funds from Hometown Credit Union (HCU) to buy real property. George signs a written instrument that gives HCU an interest in the property as security for the debt's payment. This is a mortgage An involuntary bankruptcy occurs when the debtor forces his or her creditors into bankruptcy proceedings False Leif files a petition in bankruptcy. Among his debts are unpaid taxes, fines owed to the government, student loans owed to Metro University, and support owed to his ex-wife Nadia. Most likely to be discharged are student loans whose payment would impose undue hardship Dina asks Edie to co-sign a credit application so that she can borrow money and buy a piano from First Chair, a musical instruments and supplies seller. If, after the loan agreement is signed, Dina agrees to a higher rate of interest without telling Edie, then Edie is discharged from the agreement When a surety or guarantor pays a debt owed to a creditor, he or she acquires any right that the creditor had against the debtor. True If a homeowner defaults, or fails to make the mortgage payments, the lender has the right to foreclose on the mortgaged property. True Liens generally take priority over other claims against the same property. True Norma files a petition in bankruptcy. She turns her assets over to O'Brien, who sells them and then distributes the proceeds to Norma's creditors. O'Brien is a bankruptcy trustee In a Chapter 11 case, the court cannot confirm a reorganization plan over the objections of a class of creditors False A surety is entitled to receive from the debtor the actual amount of the debt paid to the creditor on behalf of the suretyship arrangement but not other expenses incurred. 5 | P a g e a partnership by estoppel Refer to Fact Pattern 17-1. Jumbo Juice makes earnings claims to potential investors. For those claims, the franchisor must have a reasonable basis Stable and Rex agree while talking on the phone to form a partnership - The Home Source - to deal in transfers of real property. To be enforceable, their agreement must be in writing Sweet Selections is a general partnership that sells candy, cards and flowers. Sweet Selections has ten partners. Jill and Amy each have a 25 percent interest in the partnership. All the other members have a 10 percent interest. To pass a management decision a majority of the partners must agree to the decision On dissolution, the creditors of the partnership, but not the creditors of the individual partners, can make claims on the partnership's assets. False Brad is a general partner, and Carlos and Dora are limited partners, in Eastside Physicians, a medical clinic and limited partnership. Refer to Fact Pattern 18-1. Carlo's assignment of his interest in Eastside to Good Credit Corporation results in nothing with respect to Eastside's existence Coco is considering forms of business organization for her concessions business—Coco's Cakes. Most states require that a limited liability company have at least one member A limited partnership cannot be dissolved by court decree False A limited liability company must be managed by nonmembers False Custom Auto Body & Detailing, LLC, is a limited liability company. Unless indicated otherwise on the Custom Auto's federal tax form, the firm will be taxed as a partnership In a limited partnership, a general partner's dissociation from the firm normally will lead to dissolution unless all partners agree to continue the business True 6 | P a g e For federal income tax purposes, one-member limited liability companies are not taxed. False Commercial Credit & Finance is a limited partnership. Derry, Eleni, and Frey are the general partners. Derry dies. The partnership can continue only if Eleni and Frey consent Brad is a general partner, and Carlos and Dora are limited partners, in Eastside Physicians, a medical clinic and limited partnership. Refer to Fact Pattern 18-1. Brad's dissociation from the firm results in the termination of Eastside's legal existence Nikki and Orlando are limited partners in Port City Exports, a limited partnership. To avoid personal liability for partnership obligations, they must not participate in the firm's management Generally, a dissociated member of a limited liability company (LLC) has the right to buy his or her interest in the LLC from the other members. False Most states apply to a limited liability company (LLC) formed in another state the law of the state where the LLC was formed. True A limited liability limited partnership is a type of limited partnership True The law governing limited liability companies is uniform. False Limited liability companies are entities apart from their owners True If a limited liability company (LLC) agreement does not cover a topic, the state LLC statute will govern. True Nazih and Ovidia are limited partners in Physicians Medical Center, a limited partnership. In terms of the firm's books and information regarding partnership business, Nazih and Ovidia are entitled to complete access Business Enterprise Company agrees to sell a commercial office building and parking garage to City Investments, Inc., which assigns the rights to the realty to Downtown Properties, LLC. Downtown 7 | P a g e Properties does not yet exist, but once it is created and comes into existence, the contract on novation will most likely be enforceable StartUp Investors, LLC, is a limited liability company without a written operating agreement. Among the members, a dispute arises concerning the division of profits. Under most LLC statutes, the profits will be divided equally among the members A limited liability company can be held liable for any loss or injury caused by the wrongful acts or omissions of its members True The equal dignity rule requires that if a contract entered into by an agent is in writing, the principal, must honor it. False Donald approves on behalf of Evelyn—but without authorization—a contract with Farouk to build a new silo. Evelyn does not ratify the contract. The deal with Farouk is an unaccepted offer California Produce Company hires Drew to work on California Produce's shipping dock, checking outgoing loads and dispatching the company's drivers. With respect to California Produce, Drew is most likely an agent If a principal ratifies a contract without knowing all of the facts, the principal can rescind the contract. True Under the doctrine of respondeat superior, a principal may be liable for any harm that his or her agent causes to a third party True Without authorization, Lars contracts on behalf of Mina to have Nemo paint the interior and exterior of Mina's house. If Mina decides to ratify the contract, she must affirm all of the contract Clark hires Dimitri to act as his agent to purchase Expo Sports Arena, Inc. Clark tells Dimitri to reveal that he is buying the firm and its assets on behalf of a third party and to tell the seller who that third party is. Clark is a disclosed principal A principal's ratification of an agent's unauthorized act must be express. False 10 | P a g e Employees of private (nongovernment) employers have some privacy protection under the U.S. Constitution. False Thom, who works as an employee for Upstate Power Corporation, suffers an injury in an accident. Thom will be compensated under state workers' compensation laws only if the injury occurred on the job Seiko works for TallTales Publishing, Inc. The basis for Seiko's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her annual wage base Whenever a work-related injury or disease occurs, employers must make reports directly to the Occupational Safety and Health Administration. True Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets. He reports his employer's illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge. With respect to the employment-at-will doctrine, this is an exception based on public policy Flannery is seventeen years old. Under the Fair Labor Standards Act, she cannot work in a hazardous job Cy, an employee of Dockyard Shipping Corporation, is injured on the job and accepts workers' compensation. Cy can successfully sue Dockyard only if the injury was caused by Dockyard intentionally Data & Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Data & Data from subjecting its employees to lie-detector tests Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's must provide each employee, during any twelve-month period, family or medical leave of up to twelve weeks There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act. False 11 | P a g e Loaf & Biscuit Company operates a commercial dough making and packaging plant—a "major source"— that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely a violation Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional. False It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label. True Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as a toxic tort The primary responsibility for implementing air-pollution standards established under the Clean Air Act rests with state and local governments False Condos & Course Development, Inc., fills a wetlands area that it owns without a permit from the U.S. Army Corps of Engineers. Condos & Course Development plan to build a golf course and residences on the site. Under the Clean Water Act, this is most likely a violation The National Park Services hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely unnecessary because the action is not "major" Water-quality standards are set by the Environmental Protection Agency False Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably interferes with Robyn's enjoyment of her property. Refer to Fact Pattern 25-1/ The court is most likely to award Robyn damages if letting the pollution continue is less harmful than stopping it Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by 12 | P a g e all other levels of government BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo strict liability County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing the source of the water, and any contaminants and health concerns When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership. False Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is federal and state regulatory agencies The Clean Water Act permits the filling or dredging of wetlands without a permit False An injured party may sue a business polluter in tort under the negligence and strict liability theories. True The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use the maximum achievable control technology A public authority, such as a state's attorney general, can sue to stop a "public" nuisance. True An environmental impact statement must analyze the impact of any affected business of proposed environmental controls False To acquire the ownership of Bart's mountain cabin by adverse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time in an, open, hostile, and adverse manner Buck owns five acres of land in California. On the land Buck has a house and a toolshed. There are ten large maple trees around the house. The real property includes the land, the house, the toolshed, and the trees 15 | P a g e Renee is a director of Sharp Focus Lens Corporation. With respect to Sharp Focus, Renee can access the corporation's books and records. Renee has this access under the director's right of inspection Shareholders own the corporation, and they have legal title to corporate property False Memphis Music Makers Inc.'s stated purpose is to sell musical instruments. If chief executive officer Neal contracts with Open Season Firearms in Memphis Music's name to sell a shotgun, he has likely committed an ultra vires act In most states, an individual cannot hold more than one corporate office and be both an officer and a director of the corporation. False Mieko is a shareholder of Natural Gas, Inc. Natural Gas uses cumulative voting to elect directors. This means that the number of Mieko's votes is determined by the number of members of the board to be elected multiplied by the total number of voting shares that Mieko holds The shares of Home Mortgage Corporation are publicly traded in securities markets. Home Mortgage Corporation is a publicly held corporation Dividends can be paid from the undistributed net profits earned by the corporation. True If a corporation has S corporation status, it can avoid the imposition of income taxes at the corporate level. True One of the key advantages of the corporate form is the unlimited liability of its owners. False Directors are prevented from ever having financial dealings with the corporations they serve. False Boutique Bodega Corporation would like to change its corporate status to that of an S corporation to avoid income taxes at the corporate level. To qualify, the shareholders must not be partnerships Tech Personnel, Inc., is a corporation. Tech Personnel's implied powers enable it to borrow funds and lend funds 16 | P a g e Alain is chairman of the board of Barber & Beauty Supply Corporation. Consuela, a consumer, is injured while using a Barber & Beauty product. She sues Barber & Beauty and Alain individually. The corporation may pay Alain's legal fees under under the director's right to indemnification Misha and Nguyen are shareholders of Outsourcing Solutions, Inc. Misha's written authorizations to Nguyen to vote her shares at a shareholders' meeting is a proxy Lewis is a director of Mines & Refineries, Inc. Using information that is not available to the public, Lewis makes a profit trading in Mines & Refineries stock. Lewis is most likely liable for breach of the duty of loyalty Demario and Evander want to form and do business as a corporation—Farm-2-Fork Restaurant Inc. A corporation is an artificial person Most employers can treat their employees more or less favorably base on their religious beliefs or practices False Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation. Under the Equal Pay Act of 1963, EcoCrop can legitimately pay different wages on the basis of seniority Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is reverse discrimination Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is quid pro quo harassment Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's seniority system Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and Emylee followed them 17 | P a g e Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a retaliation claim Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination. True Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964. False Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males True Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is disparate-impact discrimination Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990 is Merlin only Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts. True Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees False Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). Refer to Fact Pattern 22-1. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply Lomax must be forty years of age or older Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. Lisa may be awarded back pay, retroactive promotions, and damages 20 | P a g e False It is said that the law should be viewed as a delicate balancing act because: one company's contract rights may be upheld at the expense of another's 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: The spirit and the letter of law The basic law of a nation or state typically is the: constitution 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: under Article IV of the U.S. Constitution Article III of the U.S. Constitution: provides for trial by jury for crimes Which of the following Articles of the U.S. Constitution provides for the original ratification of the Constitution. Article VII __________________ is the process by which the courts decide that a federal statute must take precedence over a state statute. Preemption _____________________ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion. The Bill of Rights Laws passed by a legislature are known as _____ statutes If Texas attempted to make a trade agreement with Mexico, opposed to the Constitution that establishes tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional objection to Texas' actions would be based upon: the principle of supremacy Codes subdivided into groupings of statutes that deal with a particular area of the law are: titles ______________________________ is a unified set of statutes designed to govern almost all commercial transactions. 21 | P a g e The Uniform Commercial Code Which of the following refers to the body of previously recorded legal decisions made by the courts in specific cases? Common law If there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case: will apply common law Typically, if a decision is made by the Florida Supreme Court, it would be: binding in all Florida state courts The _____ is played out every time a plaintiff and defendant place their case in the hands of a judge or jury. uncertainty principle Most courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law. This process is referred to as: plenary review Courts with the power to hear any type of case are said to exercise: general jurisdiction Probate courts and courts of claims are examples of courts with special jurisdiction Joe, a citizen of Ohio, and Maria, a citizen of New Mexico, have an auto accident in New Mexico. For a federal court to hear this case there must be: an amount over $75,000 involved The Federal Circuit was established by Congress primarily to streamline and unify patent law The United States Supreme Court does not have original jurisdiction in which of the following cases? Cases coming from state supreme courts Gordon Gibbs grated his plow along his neighbor's driveway, ruining the driveway. The neighbor wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will most likely be heard by: a small-claims court A case in which one representative party files a lawsuit on behalf of all members of a group of plaintiffs who share a single, similar injury is a(n): 22 | P a g e class action A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue the credit card company but cannot find an attorney who is willing to do this. Marlene should: bring a class action suit Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note. Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court, then Joe's answer should contain a: third-party complaint against Acme Jose wants to question in person, Ellen, a witness, about her observation of an auto accident in advance of a trial concerning the accident. Joe should: take Ellen's deposition Requests for admissions: are made to secure a statement from a party that a particular fact is true Who typically conducts "direct examination"? The plaintiff's attorney An equitable remedy may be all of the following except: damages _____ outlines the laws and the procedures followed by merchants in commercial transactions. Mercantile law _____ characterizes any system of law that is consistently applied in the same evenhanded way, no matter who the antagonists might be. Neutrality Which of the following is true of fair courts? They heard cases involving commercial disputes Which of the following elements of a contract require an offeror to make a valid offer to enter a contract in terms that are clear and ambiguous and communicated to the offeree, and the offer has been properly made by the offeror and accepted properly by the offeree. Mutual Assent 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? 25 | P a g e In terms of agreements, preexisting duties: are unenforceable as a consideration in a new contract Edwin, Marketing VP of Amalgamated Sales, Inc., writes a letter dated August 1 to Bargain Stores, Inc., offering to sell candy to Bargain Stores at $50 per case for the next one month. In mid August, Amalgamated receives an offer from Dandy Stores, Inc., to purchase this candy at a price of $75 per case. Can Amalgamated withdraw its offer to Bargain Stores? No, as this is a firm offer Which of the following is true of the Statute of Frauds? It state that certain types of contracts have to be in writing to be enforceable Henry orally contracts with Faith to write special accounting software that usually takes three years to complete. What is the legal status of this agreement? It is unenforceable since the contract is 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? Donna can claim ownership since she remodeled the house relying on the oral contract. 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? No, since her promise was not written and signed Sagan is borrowing money from Big Bank and his friend Leda, who works for Graille Systems, signs the loan agreement promising to pay the debt if Sagan does not. Who is the obligee? Big Bank Gabriel applies for a home loan and, Mark signs the agreement promising to pay off the debt in case Gabriel fails to do so. In this case Mark is: the cosigner Matrix, Inc. is the general mortgage contractor of a large commercial building project. They subcontracted with Acme Flooring, Inc. to have flooring installed throughout the building. When Matrix failed to make payments to Acme as agreed, Acme stopped working. Commercial Bank, the lender for the project, orally promised Acme that Commercial would pay whatever Matrix failed to pay Acme if Acme would resume work. Acme finished the flooring but was still not paid. Which of the following is true under the Statute of Frauds? 26 | P a g e Commercial Bank's promise enhanced its mortgage interest, hence it to should pay Acme Charlie orally promises Holly that he will marry her. He also states that if they ever get divorced, then he will transfer one-half of his assets to Holly. They marry and divorce within a year. Which of the following is true of Charlie's promise to Holly? The promise is not legally enforceable since it was not written. Which of the following contains all the elements of a written agreement and that can be enforceable under law? "Agreement by Henry Shay and Silvie Nader. Henry agrees to purchase from Silvie six of Silvie's hand- knit sweaters at $45 each. Signed, Henry Shay." Catherine and Jacob have a written contract to buy and sell "100 cases of widgets." After signing the contract they orally agree to modify the contract to "1,000 cases of widgets." If they are in litigation concerning the amount of widgets involved in the contract, can evidence of the oral change be introduced into evidence? Yes, since this is an exception to the parol evidence rule A long-term written sales contract between Alder, Inc. and Zenith, Inc. provides for cash payments to be made by Zenith, Inc., the buyer, on the first of the month. Zenith has been using a wire transfer payment method, but Alder asserts that Zenith is in breach of contract since it has not received payment in cash. Which of the following is true of this case? Zenith can introduce evidence of the payment under the exception to the parol evidence rule. Brogan, aged 16, enters into a written contract with Willy, to sell his horse to Willy. Later Brogan seeks to be released from the contract and wants to offer in court oral testimony concerning his age. The admission of this testimony is governed by: the parol evidence rule Under the ____, the courts generally accept into evidence only the original of a writing, not a copy. best evidence rule Vega appoints Ancel, a real estate broker, to negotiate the sale of her home. Which legal rule requires that this agreement be written? Equal dignities rule Rocco breaks both his hands in a motorcycle accident. When he wants to make a contract with Iago, Rocco is physically unable to sign the contract due to his broken hands. What is best for Rocco and Iago to do? Rocco may select someone to sign on his behalf Which of the following is considered to be future goods? Fish in the sea 27 | P a g e In what respect is a bailment legally different from a sale? Title does not transfer in a bailment Any method of dealing that is commonly used in a particular field is known as: usage of trade In which manner can a sales contract be formed? It can be formed by any method that shows the parties have reached an agreement _____ are those that are in accordance with the obligations under the contract. Conforming goods Which of the following is true of a firm offer? It occurs when a merchant promises to hold an offer open without any consideration Joshua, a merchant, promises in a signed writing to Pedro, a consumer, to hold an offer to sell goods open for five months. However, Joshua sells the goods to another consumer and Pedro sues him for breach of contract. Which of the following is true of this case? Joshua is not bound by the contract since firm offers cannot exceed three months Which of the following is true of oral contracts for the sale of goods of $500 or more? A written conformation is received by a party and to which it does not object to within 10 days. _____ includes any symbol, made with the intent to authenticate a writing. Signature Under the ____, an electronic signature is defined as "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." UETA Which of the following is true of international sales law? It governs only the formation of a sales contract and the rights and duties that arise from it. In an ____, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. auction without reserve If a person obtains property as a result of another's fraud, misrepresentation, mutual mistake, undue influence, or duress, the person is said to hold only ____. voidable rights