Question: It seems that passage of title by

> Indicate whether each of the following statements is true or false. 6. Each level of government usually has three branches: executive, legislative, and judicial. 7. Executives at all levels of government are elected by the voters. 8. The heads of adminis

> Indicate whether each of the following statements is true or false. 16. The federal Constitution has been amended more than 100 times. 17. Both federal and state courts have the power to determine whether laws enacted by legislatures or decisions made by

> Indicate whether each of the following statements is true or false. 11. A tort is a violation of the rights of a particular person. 12. Tort law is concerned with compensation for losses suffered by injured parties. 13. Defamation includes both libel and

> Indicate whether each of the following statements is true or false. 11. When a patient consults with a physician, the two parties are entering into a legally binding contract. 12. When a physician or other health care provider acts negligently, the patie

> Indicate whether each of the following statements is true or false. 11. The United States lacks the abundance of natural resources that many other countries have. 12. Environmental regulation is not yet a distinct area of the law. 13. The Clean Air Act o

> Indicate whether each of the following statements is true or false. 13. International law is the broad study of the legal systems of major countries, treaties, practices, tariffs and nontariff trade barriers, and import and export quotas. 14. There is li

> Indicate whether each of the following statements is true or false. 6. While the term malpractice is usually applied to physicians, dentists, attorneys, and accountants, it may be applied to all professionals. 7. Good Samaritan laws provide medical profe

> Indicate whether each of the following statements is true or false. 7. Both breach of warranty and product liability lawsuits are based on tort law rather than contract law. 8. The four elements of a product liability lawsuit are duty, breach, proximate

> Summarize the testing procedure required by the Food and Drug Administration in order to gain approval to sell a drug.

> Indicate whether each of the following statements is true or false. 8. Acts of an employee while performing duties of employment are considered the acts of the employer. 9. Workers’ compensation laws are designed to ensure that all employees are paid fai

> Indicate whether each of the following statements is true or false. 6. An employee may sue a third party for a work-related injury or illness, even if the injury or illness occurred while the employee was on the job. 7. Federal law requires that employer

> Indicate whether each of the following statements is true or false. 6. The Securities and Exchange Commission requires that prospective investors review all of a firm’s financial information prior to purchasing any stock in the company. 7. Touting occurs

> Indicate whether each of the following statements is true or false. 9. Employers in all states are prohibited from asking for social media passwords. 10. Defamatory social media speech is a tort. 11. Employers are not allowed to implement any restriction

> Indicate whether each of the following statements is true or false. 11. The purpose of criminal law is to compensate injured parties for their losses. 12. If a person’s reckless driving results in an automobile accident, he or she can be charged with bot

> Indicate whether each of the following statements is true or false. 6. Individuals making statements in chat rooms have an absolute right to privacy. 7. There are currently no laws prohibiting the use of cookies in the case of adult computer users. 8. Em

> Indicate whether each of the following statements is true or false. 6. A contract in which an employee agrees not to work for a competitor for a reasonable period of time is unenforceable. 7. A buyer who purchases a business from a seller receives title

> Indicate whether each of the following statements is true or false. 16. The probate court is responsible for supervising the operation of a will and the settling of an estate. 17. When a person dies intestate, the court appoints an executor to settle the

> Indicate whether each of the following statements is true or false. 16. A tenant can legally occupy a landlord’s property only with the consent of the landlord. 17. The tenant’s rights in rented property are superior to those of the landlord. 18. The lan

> Indicate whether each of the following statements is true or false. 11. A bailment requires that title pass at the time the bailment is created. 12. Bailments can be express or implied. 13. Anyone in possession of goods can create a bailment relationship

> Explain the legal reasoning behind the concept of strict liability and weigh its consequences for businesspeople and consumers.

> Indicate whether each of the following statements is true or false. 16. “Property” refers to both personal and real property. 17. Fixtures are additions to personal property. 18. Personal property can be either tangible or intangible. 19. There is no dis

> Indicate whether each of the following statements is true or false. 16. The writing a holder puts on the back of a negotiable instrument is known as a negotiation. 17. An endorsement of an instrument must be for the entire amount. 18. The Uniform Commerc

> Indicate whether each of the following statements is true or false. 16. The law presumes that commercial paper was issued for value. 17. A subsequent holder of commercial paper can have no greater rights than the original holder. 18. The words “pay to th

> Indicate whether each of the following statements is true or false. 16. Persons familiar with good accounting practices recognize that assets should never exceed liabilities. 17. In most instances, when bankruptcy is filed, the debtor’s assets are sold a

> Indicate whether each of the following statements is true or false. 11. The great majority of small businesses in the United States are organized as limited liability companies. 12. The major disadvantage of a sole proprietorship is the fact that the own

> Indicate whether each of the following statements is true or false. 8. Unethical behavior has not been a problem in society until recent times. 9. Generally, what is unethical is also illegal. 10. The term values relates to the price of merchandise on sa

> Indicate whether each of the following statements is true or false. 15. A general agent is a person authorized to assume complete charge of his or her principal’s business. 16. A competent party may delegate his or her service on a jury to another by app

> Indicate whether each of the following statements is true or false. 11. Warranties are promises or statements made by manufacturers or sellers. 12. While the law dealing with warranties is intended to protect the general public, it often has the effect o

> Indicate whether each of the following statements is true or false. 11. Contracts for sale can be oral or written, express or implied. 12. A contract for sale differs from a contract to sell primarily in the point at which title passes. 13. In most cases

> Indicate whether each of the following statements is true or false. 13. A bill of sale must be prepared on a specific legal form. 14. Title is proof of ownership as shown by a bill of sale. 15. Personal property is land and anything attached to it. 16. A

> Fiscus, age 23, entered into an oral contract with Badger, a 30-year-old bricklayer, for the construction of a backyard barbecue for a fee of $300. The work was completed in two weeks, as agreed. a. Is there an offer and an acceptance? b. Is this a valid

> Indicate whether each of the following statements is true or false. 11. A contract can be terminated in accordance with provisions in the contract itself. 12. A consumer can terminate a contract made in the home with a door-to-door salesperson within thr

> Indicate whether each of the following statements is true or false. 11. A third-party beneficiary has a legal right to receive the benefits of a contract if it is the intent of the contract to benefit the third party. 12. A third party who benefits incid

> Indicate whether each of the following statements is true or false. 11. Some types of contracts must be in writing to be enforceable. 12. The parol evidence rule affects the enforceability of contracts that include oral or written changes in the terms of

> Indicate whether each of the following statements is true or false. 11. A contract is always legal and enforceable as long as the parties are competent and they have a mutual understanding. 12. An agreement to perform an illegal act is void and unenforce

> Indicate whether each of the following statements is true or false. 11. A person’s legal birthday is the same as the day on which his or her birthday is celebrated. 12. An emancipated minor’s contracts for necessaries are valid. 13. A contract with a min

> Indicate whether each of the following statements is true or false. 11. Consideration is one of the elements of a contract. 12. The courts generally do not rule on the adequacy of consideration. 13. A promise of inaction, or forbearance, can be valid con

> Indicate whether each of the following statements is true or false. 16. In our country, the principles and ideals guarding our individual liberty and freedom are presented in the common law. 17. Amendments to the federal Constitution require approval, or

> Should the law distinguish between a reasonable basis for a warranty disclaimer and one that attempts to substantially negate the warranty?

> What is the primary objective of warranty disclaimers?

> In the case of a vague or indefinite written warranty, how can a court determine what such a warranty usually means in similar transactions?

> For more than 20 years, Harlick, a 38-year-old female, suffered from anorexia nervosa, an eating disorder. She was covered by her employer’s health insurance plan through Blue Shield, and was treated for her disorder through this plan. Her doctors then a

> Is it fair for a buyer to ask a seller to hold merchandise while the buyer shops for a better price?

> How might a buyer avoid pitfalls in buying from unknown sellers?

> How might a seller avoid pitfalls in selling to unknown buyers?

> Compare and contrast online auctions with actual live auctions.

> A contract for labor and materials need not be in writing, even if it is over $500. Does the buyer of the labor and materials enjoy the same level of legal protection as if the contract were in writing?

> Is it ethical for a person who is not a titleholder to act as one who has title to goods, thereby misleading a prospective buyer?

> How can a buyer in a store know whether he or she is dealing with a titleholder or a remote party? Does it make a difference? Generally, whom does a buyer hold responsible for problems?

> A contract stipulates that certain conditions must be met before title can pass. A seller might wish to hasten the passage of title to minimize the risk of loss and the cost of insurance to indemnify such losses. Consider a typical sales transaction and

> An important application of the concept of title relates to who is holding title when a loss occurs. Are there other ways of determining who should bear a loss in a business transaction?

> Quinlan, a 22-year-old female, specifically made known her wish not to have her life maintained indefinitely by the use of a breathing machine. After an apparent overdose of alcohol and drugs, Quinlan fell into a coma, suffering severe brain damage. Upon

> To protect consumers against their own impulsiveness and various questionable sales techniques, a number of federal, state, and local laws and regulations allow consumers to terminate a contract under certain conditions. Is it ethical for a consumer to t

> Death or disabling illness of a party to a personal service contract requiring a special skill or talent terminates the contract. How would a concert promoter, who had sold tickets and rented a hall, protect against a loss that would likely result from t

> The law provides a remedy for a party injured by the breach of a contract. But the usual remedy, a lawsuit that awards money damages, does not always give the injured party the level of redress appropriate to the situation. What other remedies are availa

> At times, one of the parties to a contract terminated by impossibility of performance suffers some injury or loss as a result. Should the law recognize this possibility and provide some form of redress?

> Contract termination by performance seems so final. Do you think that the parties to a contract should be given an opportunity to change their minds if circumstances change after the required performance? Why or why not?

> Under the law, a bankrupt person is allowed to retain certain property—including his or her residence. Is it ethical for a bankrupt person to use the law to avoid payment on his or her legitimate debts and still retain some, often valuable, property?

> What are some advantages of using a novation over a contract assignment?

> Under what circumstances could the duties under a personal-service contract be delegated?

> Should an incidental beneficiary to a contract have any legal recourse if the contract is terminated?

> Do you think a third-party beneficiary should be required to sign a contract as one of the parties involved?

> Yikes, a U.S.-based manufacturer of shoes, had plants in several countries in Southeast Asia and enjoyed considerable success in world markets as a result of a number of factors, including its excellent products, low prices, efficient production, low lab

> Describe the structure of our federal and state court systems.

> A person dies without leaving a will. The administrator of the estate refuses to pay the deceased’s debts on the grounds that there is no written evidence of the obligation. Comment on the ethics of this situation.

> Why must a contract that obviously cannot be completed within one year be in writing?

> A buyer places a deposit on an item valued at more than $500 but later wishes to cancel the order. Arguing that there is no written contract, could the buyer expect a refund of the deposit?

> Under the Statute of Frauds, an oral promise to take on the debts of another is enforceable in some states. Can you think of any other activities that might be legally acceptable despite the fact that they are not in writing?

> Even though the parol evidence rule prohibits any oral amendments to a contract, try to envision circumstances when this rule might be unreasonable.

> The Robinson-Patman Act prohibits price discrimination. What were the ethical reasons that motivated the passage of this federal statute?

> Zoning regulations have the effect of restraining trade because they limit the activities of certain kinds of businesses. Explain how society benefits from such limitations.

> Various federal and state laws are intended to encourage competition. Analyze and report on the benefits of competition to society.

> Enforcement of laws that are intended to protect the environment sometimes has unforeseen economic effects, such as plant closings and unemployment. How should society attempt to balance environmental and economic issues?

> Most states require people engaged in certain professions or businesses to be licensed. How do licensing requirements protect the public?

> Johnson, a passionate bicyclist, wanted to go into the business of manufacturing high-quality bicycles. He found that both labor and component parts were quite inexpensive in Taiwan. Even adding the shipping charges to the United States, it was economica

> Is it fair and ethical for a minor to take advantage of the protection accorded by the law to breach a contract made with a person who believed the minor to have reached the age of majority?

> If a contract is made by a responsible adult who later becomes mentally incompetent, is the contract enforceable by either party?

> The contracts of emancipated minors are usually considered legally binding. Give an example to illustrate why this is necessary.

> Is it fair that minors’ contracts are voidable, whereas those of adults are legally binding?

> The minimum age required under the law for obtaining a driver’s license is usually lower than the age for drinking or voting. What is the rationale for this?

> Agreements between parties of unequal bargaining power are known as contracts of adhesion. For example, an apartment house owner presented a tenant with a lease renewal that contained additional and burdensome provisions. The tenant, finding it difficult

> Valid consideration is not necessarily either the performance of an act or the payment of money. One party to a contract, for a variety of reasons, may wish to exchange his or her promise to pay money for a promise of inaction from the other party. Becau

> The most common form of valid consideration is the promise of money by one party for the promise of an act by another. Why is a mere promise deemed adequate in the eyes of the law when consideration based on completed actions might result in fewer disput

> Because valid consideration is an exchange of promises, it is obvious that a promise to commit an illegal act is not valid consideration. Describe a promise to commit an illegal act that is not legally acceptable.

> Critique the various exchanges of promises that are legally regarded as acceptable consideration. Your analysis should concentrate on whether each type of consideration facilitates or hinders the execution of a contract.

> Before boarding an El Al Israel Airlines flight from New York to Tel Aviv, Tseng, a passenger, was physically subjected to an intrusive security search. Although not injured bodily, Tseng sued El Al for damages, asserting, among other charges, assault an

> Is the failure to disclose material facts or information to a prospective buyer fair and ethical?

> What criteria should a court use in determining whether a contract is shockingly unjust or unfair and thus unconscionable?

> When does an abuse of power to control the actions of another because of a special or confidential relationship go beyond undue influence and become duress?

> Why does the law provide that a mistake must be mutual, and not unilateral, in order for a contract to be voidable?

> How should a court decide whether a particular term in a contract is material?

> Describe the circumstances under which silence on the part of an offeree will be a valid acceptance. Does this seem reasonable and fair?

> Why are newspaper advertisements not considered valid offers?

> Do you think it is unethical for an underage person who looks much older to enter into a contract with another person who in good faith expects the underage party to fulfill the terms of the contract?

> For many years the law has required that certain kinds of contracts, such as those involving $500 or more, be in writing to be enforceable. Should the amount of $500 be increased to reflect the effects of inflation?

> Certain business and personal transactions are neither oral nor written but are nevertheless legally binding. The terms of these agreements are understood from the actions or conduct of the parties, from the customs of the trade, or from the conditions o

> Grimshaw, a 13-year-old girl, was a passenger in a Ford Pinto driven by a neighbor. The Pinto stalled and, while motionless, was hit from behind by another car. Moments later, the Pinto’s fuel tank exploded, with the result that the driver was killed and

> Is it ethical for a state legislature to pass a law for the sole purpose of testing its constitutionality?

> Should the death penalty be considered cruel and unusual punishment, thus violating the Eighth Amendment?

> Should the right to bear arms be limited to the military use of arms, or should this right also apply to private citizens?