Legal Standards And Contracts

Summary

The degree of care an ordinary person of common intelligence would use under the circumstances of a given case is called the reasonable person standard. An agreement to purchase all that a seller produces is called an output contract. For an FOB shipment contract, the risk of loss passes from the seller to the buyer when goods are delivered to the common carrier. Defamation of a public figure requires proof of malice, a defamatory statement, and falsity. The general standard of intent required for intentional torts can be characterized as purposeful or knowingly/willfully, depending on the case. A contract for the sale of goods must be in writing when the goods cost $500 or more. A principal is generally not liable for torts committed by an agent that is on a frolic. The sellers performance in a contract for the sale of goods is generally delivery. Strict liability torts involve damages from hazardous activities that cannot be rendered completely safe. The National Labor Relations Act provides protections for workers to organize and engage in collective bargaining. Output and requirement contracts are

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**** degree of care an ordinary person of common intelligence would use under the circumstances of a given case is called _____. A. capacity B. the reasonable person standard C. acting knowlingly D. acting purposefully
**** degree of care an ordinary person of common intelligence would use under the circumstances of a given case is called the reasonable person standard (Option B).
An agreement to purchase all that seller produces is called a(n) _____. A. requirements contract B. sales contract C. output contract D. shipment contract
An agreement to purchase all that a seller produces is called an output contract (Option C).
For an FOB shipment contract, the risk of loss passes from seller to buyer when _____. A. goods are delivered to the common carrier B. goods are delivered to the common carrier and placed in their possession on a ship C. goods reach the buyer D. goods reach a destination specified by the buyer
For an FOB shipment contract, the risk of loss passes from the seller to the buyer when goods are delivered to the common carrier (Option A).
Defamation of a public figure requires proof of which of the following elements? A. Malice B. A defamatory statement C. Falsity D. All of the above
Defamation of a public figure requires proof of all the following elements: Malice, A defamatory statement, Falsity. So, the correct answer would be (Option D) all of the above.
**** general standard of intent required for intentional torts may be characterized as which of the following? A. Negligence B. Purposeful C. Knowingly or Willfully D. Reasonably
**** general standard of intent required for intentional torts can be characterized as Purposeful (Option B). However, in some cases, it can also be characterized as Knowingly or Willfully (Option C). This depends on the specific circumstances of the case.
A contract for the sale of goods must be in writing when _____. A. the goods cost $* or more B. always C. the contract involves both goods and services D. the goods cost $*,* or more
A contract for the sale of goods must be in writing when the goods cost $* or more (Option A). This is based on the Statute of Frauds, which requires certain types of contracts to be in writing to be enforceable.
A principal is not liable for torts committed by an agent that is _____. A. on a detour B. on a frolic C. acting within the scope of their agency D. None of the Above
A principal is generally not liable for torts committed by an agent that is on a frolic (Option B). This means the agent is acting outside the scope of their agency or employment.
Generally, seller's performance in a contract for the sale of goods is _____. A. Delivery B. Acceptance C. Payment D. None of the above
Generally, the seller's performance in a contract for the sale of goods is Delivery (Option A). This means the seller is responsible for ensuring the goods reach the buyer as agreed in the contract.
Strict liability torts involve _____. A. damages the occur from hazardous activities that cannot be rendered completely safe B. negligence C. intentional conduct D. defamation
Strict liability torts typically involve damages that occur from hazardous activities that cannot be rendered completely safe (Option A).
**** _____ provides general protections for the rights of workers to organize, engage in collective bargaining, and disrupt the economic activities of employers. A. Electronic Communications Privacy Act B. Labor Management Reporting and Disclosure Act C. Labor Management Relations Act D. National Labor Relations Act
**** National Labor Relations Act (Option D) provides general protections for the rights of workers to organize, engage in collective bargaining, and disrupt the economic activities of employers.
An exception to the requirement that a contract for the sale of goods requires a quantity term includes which of the following? A. Output Contracts B. Requirement Contracts C. Service Contracts D. A and B
An exception to the requirement that a contract for the sale of goods requires a quantity term includes Output Contracts and Requirement Contracts (Option D). ****se contracts do not need a specific quantity term because the quantity is determined by the buyer's requirements or the seller's output.
Intentionally causing the permanent deprivation of another's property is _____. A. battery B. false imprisonment C. assault D. conversion]
Intentionally causing the permanent deprivation of another's property is called conversion (Option D). This legal term refers to a civil wrong where one person denies another's right to personal property by controlling or using it inappropriately.
**** ADA creates federal employment protections against _____. A. pregnancy discrimination B. unwelcome sexual advances C. age discrimination D. disabled persons
**** Americans with Disabilities Act (ADA) provides federal employment protections against discrimination based on disability (Option D).
Which of the following is/are elements of fraud? A. A misrepresentation of a material fact. B. **** intent to deceive. C. Reliance on a material misrepresentation by the defrauded party. D. All of the Above
**** elements of fraud are:
- A misrepresentation of a material fact.
- **** intent to deceive.
- Reliance on a material misrepresentation by the defrauded party.
So, the correct answer is (Option D) all of the above.
Goods for the purposes of a sales contract include _____. A. tangible personal property B. intangible personal property C. tangible real property D. intangible real property Goods for the purposes of a sales contract include _____. A. tangible personal property B. intangible personal property C. tangible real property D. intangible real property
Goods for the purposes of a sales contract include tangible personal property (Option A). This refers to physical items that can be owned and transferred from one person to another.
Causing the confinement of a person to a bounded area without privilege is the intentional tort of _____. A. battery B. conversion C. assault D. false imprisonment
Causing the confinement of a person to a bounded area without privilege is the intentional tort of false imprisonment (Option D). This involves unlawfully restricting another's freedom of movement.
Which of the following must be proved to establish a claim of defamation? A. A defeamatory statement. B. A defeamatory statement that is of or concerning a plaintiff. C. Publication of a defamatory statement to a third person. D. All of the Above
To establish a claim of defamation, all the following must be proved:
- A defamatory statement.
- A defamatory statement that is of or concerning a plaintiff.
- Publication of a defamatory statement to a third person.
So, the correct answer is (Option D) All of the Above.
A shipment contract that is free on board requires the seller to _____. A. place the goods alongside the common carrier's ship B. place the goods onboard the common carrier's ship C. ensure the goods reach their destination D. None of the Above
A shipment contract that is free on board requires the seller to place the goods onboard the common carrier's ship (Option B). This means the seller's responsibility ends once the goods are on board the ship.
An agent is liable to a third party for contracts made on behalf of a/an _____ principal. A. disclosed B. undisclosed C. unidentified D. B and C
An agent is liable to a third party for contracts made on behalf of an undisclosed or unidentified principal. So, the correct answer is (Option D) B and C.
A merchant's firm offer must be _____. A. in writing B. held open for three or more months C. offered by a merchant seller D. All of the Above
A merchant's firm offer must be in writing and offered by a merchant seller (Options A and C). However, it doesn't necessarily need to be held open for three or more months. So, the correct answer is not provided among the options.
A buyer to a contract for the sale of goods may do which of the following? A. Accept conforming goods. B. Reject nonconforming goods. C. Reject conforming goods. D. A and B
A buyer to a contract for the sale of goods may accept conforming goods and reject nonconforming goods (Option D). However, a buyer generally cannot reject conforming goods if they meet the terms of the contract.
**** merchant's privilege allows busniesses to _____. A. prosecute theives for criminal liability B. imprison suspected theives C. limit employee involvement in theft D. detain suspected theives so long as coercion is not used
**** merchant's privilege allows businesses to detain suspected thieves so long as coercion is not used (Option D). This is a legal principle that gives store owners and their employees the right to detain suspected shoplifters under certain conditions.
A/An _____ may be terminated by an employer at any time with or without cause. A. contractual employee B. exempt employee C. at-will employee D. None of the above
An at-will employee (Option C) may be terminated by an employer at any time with or without cause. This is a characteristic of "at-will" employment, common in many U.S. states including Ohio.
Article 2A of the UCC applies to _____. A. sales B. services C. hybrid contracts D. leases
Article 2A of the Uniform Commercial Code (UCC) applies to leases (Option D). It specifically governs the leasing of goods.
A seller's performance of a shipment contract is complete when _____. A. the goods being sold are delivered to the buyer B. the goods being sold are delivered to a carrier C. the goods being sold are picked up by the buyer D. the buyer accepts the goods
A seller's performance of a shipment contract is complete when the goods being sold are delivered to a carrier (Option B). This is in line with the Uniform Commercial Code's rules on shipment contracts.
An agent's actual authority arises from _____. A. express agreement with the principal B. implied authority to act in furtherance of the agency C. apparent authority due to representations to third parties D. A and B
An agent's actual authority arises from an express agreement with the principal and implied authority to act in furtherance of the agency (Option D). This means the agent has been specifically directed or authorized to act on behalf of the principal.
Which of the following may be disclaimed? A. **** implied warranty of merchantibility B. Warranty of fitness for a particular purpose C. Written warranties, including full and limited warraties D. None of the above
In Ohio, the following can be disclaimed under the Uniform Commercial Code (UCC):
- **** implied warranty of merchantability (Option A), provided the disclaimer is conspicuous and specifically mentions merchantability.
- Warranty of fitness for a particular purpose (Option B), if disclaimed in writing and conspicuous.
- Written warranties, including full and limited warranties (Option C), can also be disclaimed if done correctly.
So, all options A, B, and C can be disclaimed if certain conditions are met.
A bill of lading includes which of the following? A. A recceipt for goods. B. A document of title. C. Evidence of a carriage contract. D. All of the Above'
A bill of lading includes all of the following:
- A receipt for goods (Option A)
- A document of title (Option B)
- Evidence of a carriage contract (Option C)
So, the correct answer is (Option D) All of the Above.
An exception to the intentional tort of false imprisonment includes which of the following? A. **** shopkeeper's privilege B. Self defense C. Necessity D. None of the Above
An exception to the intentional tort of false imprisonment includes **** shopkeeper's privilege (Option A). This allows a shopkeeper to detain a suspected shoplifter on store property for a reasonable period of time, without liability to a claim of false imprisonment.
A warranty for fitness for a particular purpose guarantees _____. A. the good is fit for its ordinary usage B. the good is fit for the buyer's specific needs C. the good will not be used negligently D. nothing as it creates no warranty
A warranty for fitness for a particular purpose guarantees that the good is fit for the buyer's specific needs (Option B). This means the seller has reason to know of any particular purpose for which the goods are required.
UCC Article * involves which of the following? A. Contracts for the sale of goods. B. Service contracts. C. Contracts for the sale of land. D. Employment contracts.
UCC Article * involves Contracts for the sale of goods (Option A). It does not cover Service contracts, Contracts for the sale of land, or Employment contracts (Options B, C, and D).
An agent is liable to third parties for contracts entered on behalf of a/an _____. A. Disclosed principal B. Undisclosed principal C. Unidentified principal D. B and C
An agent is liable to third parties for contracts entered on behalf of an undisclosed or unidentified principal. So, the correct answer is (Option D) B and C.
are you sure its not just b
Yes, depending on the question, option B may be the correct answer. Could you please specify which particular question you're referring to so I can provide a more accurate response?
An agent is liable to third parties for contracts entered on behalf of a/an _____. A. Disclosed principal B. Undisclosed principal C. Unidentified principal D. B and C
In contract law, an agent is typically liable to third parties for contracts entered on behalf of both an undisclosed principal (Option B) and an unidentified principal (Option C). So, the correct answer is (Option D) B and C.
Due negotiation of a document of title transfers _____. A. the consideration of a carriage contract B. the title to the goods subject to a carriage contract C. possession of the goods subject to a carraige contract D. None of the Above
Due negotiation of a document of title transfers the title to the goods subject to a carriage contract (Option B).
Goods" for the purposes of UCC Article * include which of the following? A. Shares of Stock B. Patents C. Easements D. None of the Above
According to the Uniform Commercial Code (UCC) Article *, "goods" are defined as all things that are movable at the time of identification to the contract for sale. This does not include intangible items like Shares of Stock (Option A), Patents (Option B), or Easements (Option C). So, the correct answer is (Option D) None of the Above.
_____ is the tort liability of a principal for the negligence of an agent committed within the scope of the agency. A. Disclosed principal B. Undisclosed principal C. Respondeat superior D. None of the above
**** tort liability of a principal for the negligence of an agent committed within the scope of the agency is called Respondeat Superior (Option C). This legal doctrine holds employers or principals legally responsible for the wrongful acts of their employees or agents, if such acts occur within the scope of the employment or agency.
Logically, an agent cannot act with apparent authority in the case of an _____ principal. A. disclosed B. undisclosed C. unidentified D. None of the Above
An agent cannot logically act with apparent authority in the case of an undisclosed principal (Option B). This is because the third party does not know the agent is acting on behalf of a principal, thus, the agent cannot have the apparent authority to bind the principal.
An agency may be terminated upon which of the following? A. Loss of capacity of the principal. B. Termination of the agency by the principal. C. Termination of the agency by the agent. D. All of the Above
An agency can be terminated upon:
- Loss of capacity of the principal (Option A).
- Termination of the agency by the principal (Option B).
- Termination of the agency by the agent (Option C).
So, the correct answer is (Option D) All of the Above.