Section: Section I. Multiple Choice: 25 questions/50 points
USE THE ANSWER SHEET included at the bottom of this page for answers; copy and paste it as is, no changes, please. DO NOT COPY Multiple Choice QUESTIONS.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text.
If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
1. Sam orally agreed to sell Ramie some land for $500,000. Ramie paid Sam the $500,000; Sam gave Ramie the deed to the land. Ramie took possession of the land and began building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Ramie to invalidate the contract and retake the land.
The court will likely conclude that Sam will:
a) Win; the sale exceeded $500 so the contract must be written to be valid.
b) Win; all land sales contracts must be written.
c) Lose; because the contract was fully executed Sam cannot rescind the contract.
d) Lose; because Ramie had begun building a cabin on the property, Sam cannot rescind the contract.
2. On Tuesday, Sam offered to sell his CD collection to Sandy for $100. Sandy replied, "I'm interested. I'll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Sam agreed to sell the CDs to Jason, and Jason immediately gave Sam a letter that stated:
"Sam, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason."
Upon Sam's receipt of this letter on Wednesday, what best describes Sam’s contract agreement(s)?
a) By forming an agreement with Jason, Sam breached his contract with Sandy.
b) Sam has formed contracts with both Jason and Sandy.
c) Sam and Jason have formed a valid, enforceable contract; Sam did not form a contract with Sandy.
d) Sam formed a contract with Sandy, but has not formed an enforceable contract with Jason because Jason has not yet paid for the CD collection.
3. Mac and Rhamad signed a business contract with a clause that provides that if a dispute arises they must submit to binding arbitration to resolve the dispute. After they had been doing business together for a year, a dispute arose under the terms of the contract. Rather than submit to arbitration, Mac filed a lawsuit against Rhamad. Most likely the court will:
a) Hear the lawsuit because Mac cannot be compelled to submit to arbitration; he is constitutionally entitled to a jury trial if he requests a trial.
b) Conduct a bench trial, then order a remedy without compelling Mac to submit to arbitration or to a jury trial.
c) Compel Mac to submit to arbitration to resolve the dispute.
d) Hear the lawsuit in a trial, then compel Mac to submit to arbitration, if Mac is not satisfied with the trial decision.
4. Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt. Colt sued Roxy in a Wyoming court for damages to his store.
Will the Wyoming court likely be able to exercise jurisdiction over Roxy?
a) No, because Wyoming has no in personam (personal) jurisdiction over Roxy, and cannot exercise its long arm statute in cases only involving automobile accidents.
b) No, because Wyoming has no in personam jurisdiction over Roxy, and cannot justify minimum contacts in this case.
c) Yes, Wyoming can exercise in personam jurisdiction in this case because any state court has personal jurisdiction in every diversity of citizenship case.
d) Yes, because Wyoming can assert in personam jurisdiction over Roxy under the minimum contacts test.
5. Assume a salesperson intentionally made one of the following statements - knowing that the statement was false - to a customer considering a purchase. Which statement could create liability for fraudulent misrepresentation if the customer made the purchase?
a) “In my opinion, this car is in flawless mechanical condition.”
b) “This crane will probably lift about 10,000 pounds.”
c) “This car is a real gem.”
d) “This is an original painting by the artist, Pablo Picasso.”
6. Don promised to buy his girlfriend, Sophie, a new car so Sophie sold her old car. Don now refuses to buy Sophie the car. Sophie has a job that requires her to have a car to get to work. If Sophie sues Don to enforce the promise, the likely result is that the promise will:
a) Be enforced under promissory estoppel because Sophie reasonably relied on Don's promise, to her detriment.
b) Not be enforced as Sophie was not unjustly enriched simply because she did not receive the car.
c) Be enforced because the car is a necessity for Sophie and all contracts for necessities are binding and enforceable for all parties even if contract formation is flawed.
d) Not be enforced as Don’s promise was a gift to Sophie; Sophie gave consideration, but Don did not.
7. Reg offered to sell his motorcycle to Thelma for $8,000. Thelma replied, "Your price is too high. I will purchase your motorcycle for $7,000". Reg agreed and they committed their agreement to writing. This transaction can be characterized as:
a) An enforceable contract because Reg's acceptance of Thelma's offer was a clearly communicated acceptance.
b) An enforceable contract because Thelma's counteroffer was less than Reg's original offer.
c) An unenforceable contract because Thelma's offer was not the mirror image of Reg's original offer as is required under common law contract rules.
d) An unenforceable contract unless either Reg or Thelma is a merchant, as defined by the UCC, because sale of personal property contracts are valid only if one of the parties to the contract is a merchant.
8. Mary sued Don for negligence. Mary’s losses total $100,000. Under a contributory negligence system, if Mary is found to be contributorily negligent for her own injuries, what damages will Mary likely recover from Don?
c) $100,000 minus the percentage of fault (e.g., 20%, 60%, etc.) for which Mary was responsible.
d) $100,000 minus the percentage of fault for which Mary was responsible, so long as Mary was not more than 50% responsible for the injuries.
9. Ram was walking down the sidewalk by a construction project site in a downtown area. The project was owned and operated by Modern Construction, Inc. and was surrounded by orange plastic fencing typically used for construction projects. Ram stopped to watch a metal beam being lifted by a crane on the
construction site. As the beam swung through the air, Ram thought it was going to fall and jumped forward quickly off the sidewalk and into the construction project property, falling into and smashing the orange plastic fencing. As Ram landed inside the construction project, the beam fell near Ram. The beam did not hit Ram but some rocks were thrown onto Ram as the beam fell, cutting his arm badly so that it required 35 stitches.
If Ram sues Model Construction for negligence, the likely result will be that Ram will:
a) Lose, because he assumed the risk as a trespasser on the construction site and trespassers can never recover damages.
b) Lose, because pedestrians are always contributorily negligent in such cases involving trespassing.
c) Win, because it is always foreseeable that a beam could fall on a nearby pedestrian.
d) Win, if the beam fell because of Model Construction’s negligence.
10. X and Y agreed that X would sell Y his small business, including the land on which the business was situated, for $500,000. Both X and Y knew at the time the contract was formed that the business was actually worth $800,000. Is this a valid, enforceable contract?
a) Yes, provided the contract was in writing, in accordance with the Statute of Frauds and the parties freely consented.
b) Yes, provided the contract was in accordance with state statutory law that permits real estate sales for 40% or more below market value.
c) No, because $500,000 is not valid consideration for a business worth $800,000.
d) No, because X has no pre-existing legal duty to sell his business.
11. Fine Art Corp. sent a written offer to buy 10,000 pencils for a total of $10,000 from Faber Pencil Co. Both parties are merchants. Faber can accept the offer by:
a) Promising to ship the pencils.
b) Promptly shipping the pencils.
c) Accepting the offer on Faber’s own written standard form contract.
d) All of the above could be valid acceptance.
12. Ralph, a 16-year old minor, is manager for the high school football team. Ralph signed a contract to purchase alcoholic beverages from Liquormart, Inc. for the team party. This contract is:
a) Void as a matter of law because it is illegal to sell alcohol to minors by state law.
b) Void only if Ralph misrepresented his age and told Liquormart he was an adult.
c) Valid and enforceable, but Ralph has the right to disaffirm because he is a minor.
d) Valid and enforceable, if Liquormart knew that Ralph was a minor.
13. Which of the following activities may involve the use of a contract, and/or constitute a sales contract?
a) Purchasing medications from a pharmacy.
b) Hiring a contractor to make home repairs.
c) Purchasing insurance policies from an insurance agent.
d) Selling books to customers in a bookstore.
e) All of the above.
14. Fay was admitted to Global Associates, an existing partnership, as a limited partner on January, 2015. In June, 2015, a partnership debt incurred in October, 2014 came due. Fay is:
a) Not liable for the debt because the debt was incurred prior to her joining the partnership.
b) Only liable for the debt up to the amount of her capital contribution to the partnership.
c) Personally liable only for 50% of the total debt if 50% of the other partners do not pay.
d) Personally liable for the full extent of the debt if the other partners do not pay.
15. Earl, a nonmerchant, offered to sell a chair to Isaac, a nonmerchant. Earl's house caught fire and destroyed the chair before Isaac accepted Earl's offer to buy the chair. As a result:
a) The destruction of the chair constitutes an automatic, valid revocation of the offer.
b) The fire does not automatically revoke the offer, but because neither Earl nor Isaac is a merchant, the offer is revocable at any time at Earl's option.
c) Earl did not validly communicate a revocation to Isaac, so Isaac still has the option of accepting Earl's offer; if Isaac accepts the offer, Earl must obtain a similar chair for Isaac or pay Isaac the equivalent value of the chair.
d) Earl's offer is automatically revoked by the fire, unless the offer was a firm offer.
16. CC’s Day Spa, LLC, is a member-managed limited liability company. So long as it is in accordance with state law, members can agree to apportion voting rights according to:
a) Participation in management.
b) Capital contributions.
c) The number of members.
d) Any of the above.
17. Jim and Kiley are architects and general partners of JK Designs. Jim and Kiley supervise Luc, an employee of JK Designs. As general partners of JK Designs, Jim and Kiley:
a) Are not personally liable for any tort(s) committed by Kiley.
b) May be personally liable for malpractice committed by Luc working within the scope of his job at JK.
c) Have limited liability for any of Kiley’s acts of malpractice.
d) Have no liability for any torts committed by Luc.
18. Kisha operates River Valley Soccer, an athletic equipment shop as a sole proprietorship. Taxes on the business’s income are paid by:
a) No one; since it is a sole proprietorship there are no business taxes.
b) Kisha as the sole owner.
c) The state or federal government if Kisha holds a Small Business Administration loan acquired to start her business.
d) The business entity of River Valley Soccer, not Kisha personally.
19. Assume that Virginia enacted a law prohibiting, until further notice, all grocery stores in Virginia from selling all powdered spices manufactured in, or shipped from, Maryland. This law was enacted because it was discovered that the spices recently manufactured in Maryland were infected with bacteria. Determine the constitutionality of the Virginia statute. The statute is:
a) Unconstitutional; it violates grocery store owners’ substantive and procedural due process rights under the 5th and 14th Amendments because they are private businesses.
b) Unconstitutional; the statute imposes an undue burden on interstate commerce.
c) Constitutional; it is a valid exercise of Virginia’s police power.
d) Constitutional; the statute imposes an undue burden on intrastate and interstate commerce.
20. Distinguish which of the following is an advantage of limited liability companies (LLCs) over corporations.
a) Only one member of a LLC must have unlimited liability as compared with corporations in which all shareholders have unlimited liability.
b) LLCs can be formed without any specific steps being taken by the owners as compared with corporations that must file Articles of Incorporation with the State.
c) In most cases, a LLC can choose whether to be taxed as a partnership or corporation, as compared with corporations that are subject to double corporate taxation.
d) LLCs can choose whether to sell shares publically to investors, as compared to private corporations that must sell shares publically to investors.
21. Pete, who collects antique cars, hired Ann as his agent to find and purchase a 1965 Ford Mustang on his behalf. Ann found a Mustang like Pete wanted, but Ann fell in love with the car and purchased it for herself.
Which of the following illustrates Ann’s liability, if any, in her duty as agent to Pete in this situation?
a) Ann has not violated the duty of loyalty to Pete; she can find another Mustang for him.
b) Ann has not engaged in self-dealing because she did not purchase the Mustang with Pete’s funds.
c) Ann usurped an opportunity for Pete, but has not violated the duty of loyalty to Pete by competing with Pete’s interests.
d) Ann violated the duty of loyalty to Pete by competing with Pete’s interests, and has usurped an opportunity for Pete.
22. Ed hired Frankie, who is 13 years old, to buy a computer on Ed’s behalf. Which of the following identifies the legal relationship between Ed and Frankie?
a) This is a valid agency relationship even though Frankie is a minor, and Ed would be bound by authorized contracts Frankie enters into on Ed’s behalf.
b) This is a valid agency relationship even though Frankie is a minor, but Ed would have the option of disaffirming any contracts Frankie enters into on Ed’s behalf.
c) This is a valid agency relationship even though Frankie is a minor, but Frankie would not be entitled to any payment under the terms of the agency because he is a minor.
d) This is an invalid agency relationship because Frankie is a minor.
23. Mediation might be more reasonable and appropriate than a trial in which of the following situations?
a) A lawsuit challenging the constitutionality of a new state statute.
b) A dispute between neighbors over a property boundary.
c) An alleged theft of patio furniture from the patio of a house.
d) None of the above are appropriate for mediation.
Answer questions 24-25 regarding the following scenario:
Scenario: Jones, a resident of Arizona, booked reservations for a vacation at Windell Hotels, Inc. in Cabo Mar, Mexico. Windell Hotels is an international hotel chain incorporated in Delaware with hotels in North and South America; Windell Hotels has no hotels in Arizona but does advertise and book reservations for all its hotels over the Internet.
While a guest in the hotel in Cabo Mar, Jones was walking across the hotel lobby, and slipped and fell on the wet marble floor that had been just washed by the maintenance staff. The staff had placed a “wet floor” sign on the lobby floor on the side wall of the lobby.
Jones was taken to the nearest Mexican hospital where surgery was necessary to place a pin in his broken leg. Anxious to return home and see his regular doctor, Jones flew out of Mexico shortly after the surgery. He required two plane seats and an ambulance to meet him at various airports. His health insurance would not cover his hospital stay in Mexico as it was located outside the U.S. When back in Arizona, Jones was unable to work for 8 weeks and required another surgery to remove the pin. He also required several weeks of physical therapy.
24. Jones wants to sue Windell Hotels, Inc. in federal court for $450,000 to recover all his medical expenses in Mexico and the US; for $50,000 for the cost of the plane trip from Mexico to Arizona, the 2 plane seats and ambulance costs in various airports; $10,000 for 8 weeks of lost wages; and $50,000 for pain and suffering resulting from the injury. Can he sue in federal court?
a) Yes, because Federal Court always has jurisdiction over citizens of different states.
b) No, because Federal Court does not have jurisdiction in cases that do not involve federal laws.
c) Yes, because the Federal Court may have jurisdiction over citizens of different states and the lawsuit involves damages greater than $75,000.
d) No, because the Federal Court has no jurisdiction over an accident that occurred in Mexico.
25. It would be easier for Jones to bring the lawsuit in Arizona state court, but he wonders if the court can get Windell Hotels to come to Arizona. Can the Arizona state court impose jurisdiction over Windell Hotels to bring the company to court in Arizona?
a) No, because the subject of the lawsuit took place in a foreign country.
b) No, because the corporation does not have sufficient minimum contact with Arizona to allow the Arizona court to use the long arm statute to establish jurisdiction in Arizona.
c) Yes, because the Jones is a resident of Arizona and he is the plaintiff in the lawsuit.
d) Yes, because Windell Hotels has sufficient minimum contact with Arizona the state to justify the court’s use of the long arm statute.
Scroll down please to begin the essay portion of the exam.
Section: Section II. Essay: 9 questions/50 points
Questions 1-8 = 5 pts each; question 9 = 10 pts
Use the answer sheet at the end of the exam. Number each answer. DO NOT recopy questions.
Answer each question in complete paragraphs; do not list or answer in phrases (points will be deducted for doing so).
None of these questions can be adequately/comprehensively answered in just a paragraph, so be comprehensive, in depth in your answers, but be careful to not include irrelevant information.
Points will be deducted for answers that are not well justified, not sufficiently comprehensive.
Use APA in text citations, as appropriate but please do not use direct quotes. Use only classroom notes/comment and assigned reading or watching materials as resources, which is all you need to complete the exam.
DO NOT use any outside, Internet resources as they are often inaccurate.
Follow directions carefully. Answer all parts of each question.
Be sure to directly answer the question(s) asked.
Refer to the scenario for Multiple Choice questions 24-25 above to answer the following essay question #1 only:
1. Jones sued Windell Hotels, Inc. for negligence to recover damages for his injuries resulting from the fall in the Cabo Mar hotel.
Will Jones likely be successful in the negligence lawsuit against Windell Hotels? Explain fully why or why not.
2. Clarkson and Lee did not have a contract, but Clarkson completed extensive landscaping in Lee’s yard by mistake while Lee was away on vacation. Clarkson sent Lee a bill for the landscaping service but Lee refused to pay.
Determine the likely result if Clark sues Lee to recover the costs of the landscaping.
3. Racer contracted in writing to drive Owner’s one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a fee of $2500. On July 1, the race car was destroyed in an accidental fire in a storage warehouse where the race car was being stored prior to the race. Owner owns no other race cars, so Owner considered the contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract.
Compare and contrast the rights and obligations of Racer and Owner under the contract as of July 1.
4. Compare and contrast the rights and possible liabilities for a merchant selling goods in “As Is” condition with the rights and possible liabilities for selling goods with an express warranty stating, “This product is quality Grade A”.
5. Aaron plans to open Aaron’s Pets, a pet shop selling pets and pet supplies, and plans to hire 2 part-time employees. Aaron will invest only his own money in the business. He does not expect to make any profit for at least 2 years and to make very little profit for the next 3 years after the first 2 years. He does expect to make a profit eventually.
Which form of business organization is most appropriate and easiest for Aaron to use in opening his pet store – and why? (There is only one correct answer).
6. There are extensive federal regulations governing airplanes and pilots. Assume that the state of New York passed a statute containing numerous requirements,
some conflicting with federal regulations, covering operation of airplanes and licensing of airplane pilots.
If the New York state statue is challenged as being unconstitutional, what is the likely result? Describe the applicable law and rationale for your conclusion.
7. Fran, Joe, and Mike formed a general partnership to operate a flower shop called Fresher Flowers. One of Fran’s jobs is to make deliveries using the partnership truck. In one such delivery, Fran negligently ran a stop sign, striking a car driven by Peggy, causing damage to the car and injury to Peggy.
Analyze and describe (1) the personal liability of Fran, Joe, and Mike, (2) the liability of the partnership, Fresher Flowers.
8. Mark plans to open a barbeque restaurant. He can either open the business as a sole proprietorship or obtain a franchise for “Smokin’ Hot Bar-B-Q”.
Compare and contrast the advantages and disadvantages of opening the business as a sole proprietorship and a franchise.
9. 10 points
Leon, a bank vice president, joined Fitness Center, Inc. (FC). He signed a contract for the membership. The contract stated, among other things, an exculpatory clause that FC…
“shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to Member’s use of facilities or participation in any sport, exercise or activity within the club premises…”
While working out at FC, Leon sustained back injuries when a treadmill on which he was walking suddenly collapsed at FC. Leon sued FC for his injuries.
a. Is the exculpatory clause in the contract valid or invalid in Leon’s case and why?
b. Possible product liability claim(s) for which Leon could sue FC and why product liability claims might be applicable to this case
c. Possible ordinary (non-product liability) negligence claim for which Leon could sue FC and why a negligence claim might be applicable to this case
d. The likely outcome if Leon sues FC under product liability
e. The likely outcome if Leon sues FC under ordinary negligence
Scroll down for Answer Sheet
ANSWER SHEET: BMGT 380 Fall OL3 2015
Post this answer sheet in the assignment folder in the Final Exam tab, please.
Put letter only of correct answer by each number in CAPS. DO NOT recopy questions; do not copy the answer, use only the letter of the correct answer.
ESSAY: Write your answer by each essay question number. USE AS MUCH SPACE AS NEEDED FOR YOUR ANSWER by expanding the answer space; answers will be longer than the space below.