LAW

Question 36

1.      Identify the statement that is true of perfection by attachment of consumer goods.

If the secured party filed a financing statement for the collateral, the new buyer takes the collateral free of any security interest.
If the goods are to become fixtures, the creditor can get full protection through perfection by attachment.
If the new buyer buys from the debtor without knowledge of the interest, for value, and for personal use, the new buyer takes free of the security interest.
If the consumer goods are motor vehicles for which the state issues certificates of title, perfection by attachment to the vehicle is effective.

2 points

 

Question 37

1.      A liquidated debt is one that is due and certain, which means that there is no dispute about the existence or the amount of the debt.

True

False

2 points

 

Question 38

1.      If a person has been discriminated by the government on the basis of the fact that he or she is an illegitimate child, the regulation will be evaluated under _____.

strict scrutiny
rational analysis
intermediate scrutiny
the Takings Clause

2 points

 

Question 39

1.      Compensatory damages are also known as:

actual damages.
punitive damages.
nominal damages.
statutory damages.

2 points

 

Question 40

1.      A minor can disaffirm a contract if:

he or she has not ratified the contract on reaching majority.
the contract is for real estate.
he or she has given a false statement about his or her age.
he or she has not returned the adult to status quo first.

2 points

 

Question 41

1.      Campus Bus Service entered into a contract with Smith Bus Company to purchase 10 buses. One week before Campus Bus was scheduled to receive the buses, a fire destroyed Smith’s warehouse and the buses inside. As a result, Campus Bus had to purchase its buses at a slightly higher cost from another manufacturer. Campus Bus sues Smith Bus for damages for breach of contract under these circumstances. Assume Campus Bus did not bear the risk of loss of the goods under the contract. In this scenario, _____.

Smith Bus should be excused from performance under the clause for the rights on improper delivery
Smith Bus should not be excused from performance because it did not act in good faith
Smith Bus should be excused from performance under the test of commercial impracticability
Smith Bus can exercise its right of anticipatory repudiation

2 points

 

Question 42

1.      If a creditor owns a debt that is provable and nondischargeable, he or she _____.

may participate in the distribution of the debtor’s estate
can recover only the money provided by the bankrupt’s discharge
must not enter into any voluntary agreement with the debtor for discharge of the debt
needs court approval for reaffirmation of loans

2 points

 

Question 43

1.      A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is _____.

sociological jurisprudence
legal positivism
legal reasoning
analytical reasoning

2 points

 

Question 44

1.      A buyer has a retail store in Florida and the seller is a manufacturer in California. If the buyer orders goods from the seller and the goods are shipped “FOB Florida,” which of the following statements is true?

The seller bears the expense and risk of delivering the goods to Florida.
Neither the seller nor the buyer bears the risk of delivering the goods as the goods are insured.
The seller is allowed to charge a nominal fee for delivering the goods.
The buyer bears the risk of loss as he is responsible for taking possession of the goods.

2 points

 

Question 45

1.      Corporate codes of ethical conduct:

effectively deter unethical behavior.
are sometimes viewed as thinly disguised attempts to mislead the public into thinking that the company behaves ethically.
accurately reflect the values of society.
tend to expressly publish policies that deal directly with corruption to avert legal measures that might impose severe constraints.

2 points

 

Question 46

1.      Arbitration of disputes under the purview of “lemon laws” under state statute is:

not required by most statutes.
usually binding on the consumer, not the manufacturer.
usually binding on the manufacturer, not the consumer.
not binding on either the manufacturer or the consumer.

2 points

 

Question 47

1.      Beck Inc., a food processing company in Chicago, placed a phone order with Gary, a vineyard owner in California, for a certain quantity of perishable products. The shipping term was “CIF” with payment to be made on delivery. Gary contracted with a carrier to deliver the goods to Beck Inc. However, he neglected to ship the goods under refrigeration. The goods were loaded on a non-refrigerated boxcar and as a result the product was spoiled when it reached Chicago. Under these circumstances, _____.

neither Gary nor Beck Inc. bears the risk of loss as the goods are insured
Beck Inc. bears the risk of loss because, under a CIF shipment, the buyer has to bear all risks
Beck Inc. bears the risk of loss as the contract did not mention that Gary will guarantee their delivery
Gary bears the risk of loss because, under a CIF shipment, the seller bears the expense and the risk of loading the goods

2 points

 

Question 48

1.      Chuck Olson, aged 16, buys a used car from Bobby Duncan Used Cars Center on September 15, 2006. Olson agrees to pay $200 a month for 12 months. A month after the purchase, Olson is involved in an accident that wrecks the car. He immediately calls Duncan Cars and informs them that he is disaffirming the contract. According to traditional common laws, which of the following is most likely to be true?

Olson does not have a duty to place Duncan in status quo ante.
Olson can ask Duncan to pay for the damages as he hasn’t made the full payment for the car.
Olson has to pay for the damages and then return the car to Duncan.
Olson can successfully press charges and force Duncan to take care of the damages caused to the car.

2 points

 

Question 49

1.      A donee beneficiary:

is a third-party beneficiary to whom a gift of the contracted performance is given.
is a third-party beneficiary who is no longer a part of an agreement.
is a third-party beneficiary who incidentally benefits from a contract.
is a third party beneficiary who cannot recover the value of the promised performance.

2 points

 

Question 50

1.      A common law lien essentially includes:

possession by the court.
a debt to the court created by the failure of a surety to pay a creditor.
possession by the improver as well as debt created by the improvement.
an improvement which does not become a part of the property.

 

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