Devry BUSN 420 Week 5 Quiz
Question 1. 1. (TCO 5) Flem, a user of GameCenter.com’s website, can download gaming software for free if he first clicks on “I accept” after viewing certain terms. This is (Points : 2)
- a contract that does not include the terms.
- a contract that includes the terms.
- not a contract but the terms are enforceable.
- unenforceable.
Question 2. 2. (TCO 5) Which of the following statements is true of discharge of contracts? (Points : 2)
- Anticipatory breach discharges the breaching party’s obligations to the contract.
- Substantial performance is sufficient to discharge a contract.
- Tender of performance discharges a party’s contractual obligations.
- Tender is a conditional offer by contracting party to perform his or her obligations under the contract.
Question 3. 3. (TCO 5) Fred is a subject matter expert for One University, with an employment contract of three years. Two years into the contract, Two University—fully aware of Fred’s contract—offers him twice the money he currently makes for a similar post. Fred takes the job. One University can recover damages from Two University for which of the following torts? (Points : 2)
- Malicious breach of contractual relations.
- Malicious inducement of contractual breach.
- Intentional interference with contractual relations.
- Breach of the covenant of good faith and fair dealing.
Question 4. 4. (TCO 5) Bret enters into a contract with Collegiate University over the Internet to take an online course titled Internet Law. This is an e-contract because (Points : 2)
- the contract was entered into over the Internet.
- the contract was formed between a student and a university.
- the contract will be performed online.
- the subject matter of the contract is Internet Law.
Question 5. 5. (TCO 5) Lightspeed Corporation makes computers, each of which is packaged with a shrink-wrap agreement. Milo buys a Lightspeed desktop. The shrink-wrap agreement is most likely enforceable if (Points : 2)
- Milo buys the computer directly from Lightspeed.
- Milo expressly agrees to the terms in the shrink-wrap agreement.
- Milo reads the shrink-wrap agreement.
- the terms in the shrink-wrap agreement concern warranties.
Question 6. 6. (TCO 6) National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by (Points : 2)
- Congress, through enabling legislation.
- the Federal Trade Commission, through the rulemaking process.
- the president, through an executive order.
- the U.S. Department of Labor, through a final order.
Question 7. 7. (TCO 6) The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid (Points : 2)
- appearing uncooperative.
- eliminating the need for additional proceedings.
- rectifying the problem to the NRC’s satisfaction.
- saving the expense of formal proceedings and later appeals.
Question 8. 8. (TCO 6) Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not (Points : 2)
- hold hearings to acquire facts pertinent to the proposed rules.
- ignore the Administrative Procedure Act to streamline proceedings.
- order manufacturers to provide certain documents.
- solicit testimony from interest groups and consumers.
Question 9. 9. (TCO 5) Grill deals in the repair and sale of new and used clocks. West brought a clock to Grill to be repaired. One of Grill’s clerks mistakenly sold West’s clock to Hone, another customer. Under the Sales Article of the UCC, will West win a suit against Hone for the return of the clock? (Points : 2)
- No, because the clerk was not aware that the clock belonged to West.
- No, because Grill is a merchant to whom goods had been entrusted.
- Yes, because Grill could not convey good title to the clock.
- Yes, because the clerk was negligent in selling the clock.
Question 10. 10. (TCO 5) An appliance seller promised a restaurant owner that a home dishwasher would fulfill the dishwashing requirements of a large restaurant. The dishwasher was purchased but it was not powerful enough for the restaurant. Under the Sales Article of the UCC, what warranty was violated? (Points : 2)
- The implied warranty of marketability.
- The implied warranty of merchantability.
- The express warranty that the goods conform to the seller’s promise.
- The express warranty against infringement.
