Java Bean Co. Law Assignment help With Solution

Java Bean Co. Law Assignment help With Solution

 
1.In choosing a form of business organization for a new enterprise, important factors include the ease of creation.
True
False
 
2.In choosing a form of business organization for a new enterprise, important factors include the liability of the owner.
True
False
 
3.As a general rule, the validity of a provision permitting the franchisor to establish and enforce certain quality standards is questionable.
True
False
 
4.A sharing of profits from the ownership of property is enough to create a partnership.
True
False
 
5.A partner who pursues his or her own interest automatically violates his or her fiduciary duties to the partnership.
True
False
 
6.Jonah tells Levi he will give him an Xbox if Levi does Jonah’s chores for a month. Levi promises to do the chores. Jonah and Levi have formed

A. a bilateral contract.

B. an implied contract

C. a unilateral contract.

D. no contract.
 
7.Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling’s prom-ise to pay. Avatar delivers. The contract is

A. voidable.

B. executed.

C. executive.

D. executory.
 
8.Iggy tells Jade, “I might sell the snowboard that I bought this winter since I haven’t used it and the season is almost over.” This is

A. an acceptance of an offer.

B. a preliminary negotiation

C. an offer.

D. a statement of future intent.

 
9.Mark is creating Nu2U.com, a Web site through which he will enter into contracts over the Internet. Important terms to include in his offers include

A. provisions specifying the remedies if the contract is breached.

B. a detailed history of his business.

C. glowing reviews from former customers.

D. his educational background.

 
10.Deb buys a song through eSongs, an online music vendor. Before completing the purchase and downloading the song, Deb must review a provision stating that she will not make and sell copies of the song and is required to click “I agree.” This provision is

A. a browse-wrap term.

B. a click-on agreement

C. a shrink-wrap agreement.

D. none of the choices.
 
11.A liquidated damages provision in a contract specifies a certain amount to be paid in the event of a default or breach of contract.
True
False
 
12.Specific performance will not be granted unless the party’s legal remedy is inadequate.
True
False
 
13.Rescission is an equitable remedy used when the parties have imperfectly expressed their agreement in writing.
True
False
 
14.Reformation is an equitable remedy that allows a court to rewrite a contract to suit itself.
True
False
 
15.A party who knowingly accepts defective performance of a contract waives the breach.
True
False
 
16.Beef Burgers, Inc. contracts to buy five hundred steers from Fattening Feedlots. Before Fattening Feedlots can deliver the steers, there is an outbreak of disease in the feedlot, and all the cattle are quarantined. In this case the perfect tender rule

A. applies to both parties.

B. does not apply.

C. applies only to Beef Burgers.

D. applies only to Fattening Feedlots.
 
17.Shane’s Auto Parts orders twenty tires from Tough Tires, Inc. The truck delivering the tires to Shane’s is in an accident and ten of the tires are damaged. Shane’s Auto Parts

A. cannot reject the entire shipment.

B. must still pay for all twenty tires at the original contract price.

C. may inspect the tires and accept the shipment with a reduction in price.

D. must reject the entire shipment.

 
18.Coffee Roasters, Inc., sells whole bean and ground coffee to Delicioso Deli under an existing contract. When the cost of coffee beans increases, Delicioso agrees to a price increase, but later wants to cancel the contract. Delicioso may

A. cancel the contract immediately.

B. cancel the contract only after accepting a final shipment.

C. cancel the contract only on reasonable notice.

D. not cancel the contract.

 
19.Fruit of the Plant, Inc., agrees to sell a certain quantity of a high-quality grain seed to Grange Co-op. Fruit of the Plant can obtain only half of the quantity ordered, so the seller also ships a lesser quality seed in twice the amount of the remainder of the order for the same price. Grange Co-op rejects the lesser quality seed. With time for performance not yet expired, Fruit of the Plant can

A. attempt to cure the defect.

B. cancel the contract.

C. recover the purchase price plus incidental damages.

D. resell or dispose of the goods and hold Grange Co-op liable for any loss.

 
20.Precious Stones, Inc., and Sparkling Jewelry stores enter into a contract for a sale of gemstones. Precious Stones does not deliver. The buyer can normally recover as damages the difference between

A. any loss avoided and any profit gained.

B. the actual price and the hoped-for price.

C. the contract price and the market price.

D. the current prices in the parties’ locations.
 
21.If a debtor does not pay a mechanic’s lien, the debtor’s property can be sold to sat-isfy the debt.
True
False
 
22.With a mechanic’s lien, real estate becomes security for a debt.
True
False
 
23.In a repayment plan case, the plan must provide for payment of all obligations in full.
True
False
 
24.A reorganization plan is a plan to conserve and administer a business’s assets in the hope of an eventual return to successful operation and solvency.
True
False
 
25.An involuntary bankruptcy occurs when a debtor’s creditors are forced to accept a discharge of the debtor’s debts.
True
False
 
26. Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compen-sated under state workers’ compensation laws only if

A. he does not have health insurance.

B. he is completely disabled.

C. his injury was accidental.

D. his injury was intentional.
 
27.Phyllis intentionally injures herself while performing her job for Stone Cutters, Inc. Phyllis will be entitled to

A. full workers’ compensations.

B. half of the normal workers’ compensation.

C. 10 percent of the normal workers’ compensation.

D. no workers’ compensation.

 

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28.Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber. In this relationship, Jackson Lumber is the

A. employee.

B. independent contractor.

C. principal.

D. agent.
 
29. Rita is appointed as an agent for Superior Sales, Inc. The agency agree-ment is silent as to the level of sales that Rita is expected to achieve. She must

A. achieve nothing because the agreement says nothing on the issue.

B. attain the level that Rita achieved with her previous employer.

C. maintain the level Superior attained before Rita became an agent.maintain the level Superior attained before Rita became an agent.

D. use reasonable diligence and skill in selling.
 
30. Bob, a salesperson at a Carpets Galore store, tells Dita, a customer, “Buy your carpet here, and I’ll install it for half of what the store would charge.” Dita buys the carpet, which Bob in-stalls for half the store’s price. Bob keeps the money. Bob has breached

A. no duty.

B. the duty of loyalty.

C. the duty of notification.

D. the duty of obedience.
 
31. Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
True
False
 
32. The rights of employees to bring discrimination claims against their employer as a group, or class, is limited.
True
False
 
33. The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin.
True
False
 
34. Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees.
True
False
 
35. Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
True
False
 
36.Mineral Mining Company operates a gravel pit next to Norah’s residence. Norahfiles a suit against Mineral Mining, alleging that the pit is a source of pollution, a nuisance, and unreasonably inter-feres with the enjoyment of her property. The court is most likely to award Norah an injunction

A. if letting the pollution continue is equally as harmful as stopping it.

B. if letting the pollution continue is less harmful than stopping it.

C. if letting the pollution continue is more harmful than stopping it.

D. under no circumstances.

 
37.scar begins to operate a hog farm next to Robyn’s vineyard and winery. Robyn files a suit against Oscar, alleging that the hog farm is a source of pollution, a nuisance, and unreasonably inter-feres with Robyn’s enjoyment of her property. The court is most likely to award Robyn damages

A. if letting the pollution continue is equally as harmful as stopping it.

B. if letting the pollution continue is less harmful than stopping it.

C. if letting the pollution continue is more harmful than stopping it.

D. under no circumstances.
 
38.Congress enacts a new air quality statute that applies to businesses. To enforce federal environmental legislation, the federal government relies on

A. all levels of government and private citizens.

B. federal agencies only.

C. local sheriffs and police departments.

D. businesses’ voluntary compliance
 
39.Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by

A. all other levels of government.

B. no other levels of government.

C. the federal government only .

D. the Tennessee state government only.

 
40.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

A. Congress.

B. federal and state regulatory agencies.

C. local chambers of commerce.

D. local police departments.
 
41.Java Bean Company imports coffee beans and sells them under two-year contracts to Mellow Roast, Inc., and other coffeemakers. The contracts require that during the two-year term a coffeemaker not buy beans from Java Bean’s competitors. The contracts do not limit the coffeemakers’ purchase of tea or other beverage ingredients from other suppliers, how-ever. In the second year of the contract, Mellow Roast protests that this arrangement violates antitrust law. Is Mellow Roast correct? If not, why not? If so, under which antitrust statute, or statutes, could these con-tracts be held illegal?
 
42. Medico Corporation is a public company whose shares are traded in public securities markets. Medico’s officers want to set up and main-tain a system of “good corporate governance.” What is “corporate govern-ance”? What is its practical significance? What, at a minimum, should a “good” system of corporate governance include?
 
43.In May, National Biotech Corporation generally advertises that it will make a $4 million offering of stock in June. National makes the offer-ing as advertised and, ten days after the first sale, notifies the Securities and Exchange Commission (SEC). All buyers of the stock are given mate-rial information about the company, its business, and the stock. Before the end of the year, the offering is completely sold out. The buyers include forty unaccredited investors and fifty accredited investors. National does not register the offering. The SEC files a suit against National, seeking civil sanctions on the ground that this offering was not exempt from reg-istration. National argues that the applicable exemption is Rule 505 of Regulation D of the Securities Act of 1933 and that because of this exemp-tion, any resale of the stock is also exempt. Who is correct?
 
44.Bubbly Bottling Company is engaged in the soft-drink bottling and distribution industry in the states of New York and New Jersey. The firm currently has about 40 percent of the market for these products and related services. Carbonate Distribution Corporation competes with Bubbly in the same states. Carbonate has about 35 percent of the market. If Bubbly were to acquire the stock and assets of Carbonate, would Bubbly be in violation of any of the antitrust laws? If so, which one? Discuss fully.

 

 

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