Consumer Goods Legalities
Summary
Consumer goods are primarily used for personal, family, or household purposes. Members of an incorporated cooperative enjoy limited liability. A Limited Liability Partnership limits the professional liability of the nonoffending partner. Consumer protection laws against used-car fraud vary widely from state to state. The Age Discrimination in Employment Act applies to private employers with 20 or more employees. Under the UCC, a sale involves the passing of title from the seller to the buyer for a price. A sole proprietorship requires fewer legal formalities. The first step in formal rule-making is the publication of a Notice of Proposed Rulemaking. FOIA does not grant unrestricted access to all government-held information. In a simple delivery contract, risk of loss transfers to the buyer upon delivery. A power of attorney can be specific or general. Disparate treatment is intentional discrimination. The secured party holds the interest in secured property. A gratuitous agent acts without consideration. The mirror-image rule requires acceptance to match the offer exactly. Goods are tangible items, not intangibles. The Truth in Lending ActFull Conversation
Which of the following is true regarding a cooperative?
Multiple Choice
In an unincorporated cooperative, members have limited liability for the cooperative's actions.
A cooperative is usually formed as a syndicate.
Members of an incorporated cooperative enjoy limited liability just like the shareholders of a corporation.
Legally, an unincorporated cooperative is treated like a corporation.
A cooperative is usually formed to promote financial institutions.
The correct answer to your question is: "Members of an incorporated cooperative enjoy limited liability just like the shareholders of a corporation." This statement is accurate as incorporated cooperatives provide their members with limited liability protection.
Which type of partnership is designed to limit the professional liability of the nonoffending partner?
Multiple Choice
limited liability partnership
limited corporate partnership
LLC
limited partnership
general partnership
The correct answer to your question is "Limited Liability Partnership." This type of partnership is designed to limit the professional liability of the nonoffending partner.
Which of the following is true regarding consumer protection laws against used-car fraud?
Multiple Choice
They are known as “prune” laws due to the consumer’s distaste in purchasing a defective, non-performing vehicle.
Known as its “three strikes” law, Minnesota presumes that three (*) unsuccessful efforts to repair a used car demonstrates non-repairability.
They vary widely from state to state.
They are codified in a comprehensive federal law known as the Restatement (Second) of Consumer Protection.
They are known as caveat emptor laws.
The correct answer to your question is: "They vary widely from state to state." Consumer protection laws against used-car fraud can differ significantly based on location.
The Age Discrimination in Employment Act (ADEA) applies to private employers with ________blank or more employees.
Multiple Choice
thirty (*)
twenty (*)
forty (*)
fifty (*)
fifteen (*)
The correct answer to your question is "twenty (*)". The Age Discrimination in Employment Act (ADEA) applies to private employers with * or more employees.
Under Article * of the Uniform Commercial Code (UCC), which of the following consists of the passing of title from the seller to the buyer for a price?
Multiple Choice
A lease
A sale
A delegation
A license
An assignment
The correct answer to your question is "A sale". Under Article * of the Uniform Commercial Code (UCC), a sale consists of the passing of title from the seller to the buyer for a price.
A sole proprietorship requires several legal formalities.
Group startsTrue or False
False. A sole proprietorship is the simplest form of business entity and typically requires fewer legal formalities compared to other business structures like corporations or partnerships.
The first step in formal rule making is publication in the Code of Federal Regulations of a notice of proposed rule making by the agency.
Group startsTrue or False
True. The first step in the formal rule-making process is indeed the publication of a "Notice of Proposed Rulemaking" in the Federal Register. This gives the public a chance to comment on the proposal.
Which of the following is incorrect regarding the Freedom of Information Act (FOIA)?
Multiple Choice
Citizens are entitled to any records that the government has about them.
Information regarding the agency's personnel records may be obtained under the FOIA.
Information may be obtained under the FOIA regarding how an agency receives and spends its money.
Records involving an individual's private life are exempted from the FOIA.
Records involving national security are exempted from the FOIA.
The incorrect statement regarding the Freedom of Information Act (FOIA) is: "Citizens are entitled to any records that the government has about them." While FOIA does provide access to many types of records, it does not grant unrestricted access to all government-held information.
With a simple delivery contract involving goods sold by a merchant that are to be delivered to the buyer, when does risk of loss transfer to the buyer?
Multiple Choice
When the goods are identified to the contract
Three (*) days after the goods are identified to the contract
When money is transferred from the buyer to the seller
When the goods are delivered to the buyer
When the items are tendered to the buyer
The correct answer to your question is: "When the goods are delivered to the buyer". In a simple delivery contract, the risk of loss typically transfers to the buyer upon delivery.
A power of attorney can only be specific.
Group startsTrue or False
False. A power of attorney can be either specific (limited) or general. A specific power of attorney is limited to a certain act or type of act, while a general power of attorney allows the agent to perform any actions the principal could do themselves.
Disparate treatment occurs when an employer unintentionally discriminates against an employee based upon the employee’s membership in a protected class.
Group startsTrue or False
False. Disparate treatment refers to intentional discrimination based on an employee's membership in a protected class. If the discrimination is unintentional, it's typically referred to as disparate impact.
The person or party that holds the interest in the secured property is the ________blank.
Multiple Choice
secured party
subrogee
delegatee
third-party beneficiary
assignee
The correct answer to your question is "secured party". The secured party is the person or entity that holds the interest in the secured property.
An agent who acts without consideration is a(n):
Multiple Choice
passive agent
secondary agent
gratuitous agent
volunteer agent
independent agent
The correct answer to your question is "gratuitous agent". An agent who acts without consideration, meaning without receiving any form of payment or benefit in return, is termed as a gratuitous agent.
Under the mirror-image rule, an offeree’s acceptance must be on the exact same terms as the offer.
Group startsTrue or False
True. Under the mirror-image rule, an offeree’s acceptance must mirror exactly the terms of the offer. Any changes or additions can be seen as a counteroffer, not an acceptance.
Which of the following is not an intangible that could be subject to security interests?
Multiple Choice
Literary rights
Goodwill
Accounts
Goods
The correct answer to your question is: "Goods". The term "Goods" refers to tangible items, which are not categorized as intangibles. Intangibles that could be subject to security interests would include literary rights, goodwill, and accounts.
The purpose of the Truth in Lending Act is to require sellers to disclose the terms of the credit or loan to help consumers compare a variety of credit lines or loans.
Group startsTrue or False
True. The main purpose of the Truth in Lending Act is to require lenders to provide clear and accurate information about the terms of credit and loans, enabling consumers to make informed decisions and compare different credit or loan offers effectively.
Agency law is primarily federal law.
Group startsTrue or False
False. While there are federal laws that govern some aspects of agency law, it is primarily governed by state law. Each state may have slightly different rules and regulations regarding agency relationships.
The FTC meets its goal of protecting consumers through:
Multiple Choice
legal action
the power of eminent domain
consumer education
the election process
consumer education and legal action
The correct answer to your question is "Consumer education and legal action". The Federal Trade Commission (FTC) protects consumers by educating them about their rights and taking legal action against fraudulent and deceptive business practices.
The Americans with Disabilities Act’s purpose is to:
Multiple Choice
prevent employers from discrimination against employees and applicants with disabilities
require employers to offer hirer pay to employees and applicants with disabilities
prevent discrimination on the basis of sexual orientation
encourage employers to discriminate in favor employees and applicants with disabilities
prevent employers from discriminating against older employees and applicants
The correct answer to your question is: "prevent employers from discrimination against employees and applicants with disabilities". The Americans with Disabilities Act (ADA) was designed to protect individuals with disabilities from discrimination in several areas, including employment.
A gratuitous agent is one who acts with consideration.
Group startsTrue or False
False. A gratuitous agent is actually one who acts without consideration, meaning they don't receive any form of compensation or benefit for their services.