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Question: Under the UCC, in the case of


Under the UCC, in the case of a merchant, what does “good faith” mean?


> Which federal law is concerned with child labor, minimum wages, and overtime?

> How much unpaid family or medical leave must an employer with fifty or more employees provide?

> What are the eligibility requirements for unemployment compensation?

> Once the relationship between a principal and agent ends, does the agent have the right to bind the principal?

> How does the Sarbanes-Oxley Act help to prevent unethical management decisions?

> When is a principal not liable to a third party on a contract entered into by an agent?

> Under what circumstances is a principal liable to a third party on a contract entered into by an agent?

> What is involved in an agent’s duty of loyalty?

> How does an employer-employee relationship differ from an employer-independent contractor relationship?

> What is an agency relationship?

> What federal act was passed to combat identity theft?

> What constitutes an unauthorized transfer under the Electronic Funds Transfer Act?

> If a customer loses a debit card and others use it to make unauthorized purchases, how much is the customer required to pay?

> What is a substitute check?

> Who suffers the loss when a bank pays a check bearing a forged indorsement?

> How can businesspersons encourage ethical conduct in their workplaces?

> What is the difference between a cashier’s check and a certified check?

> When an indorsement is forged or unauthorized, who bears the burden of loss?

> What are two situations in which unauthorized signatures arise?

> What is the key to liability on a negotiable instrument?

> In what circumstances will a holder be considered to have notice that an instrument is defective?

> What does it mean to take an instrument in good faith?

> What is the effect of a blank indorsement?

> When is an indorsement required?

> What is the difference between assignment and negotiation?

> What indicates that an instrument is payable on demand?

> Why is the study of business ethics important?

> Are only unconditional promises or orders negotiable? If yes, why? If no, why not?

> What is the extent of the liability of a credit cardholder for unauthorized charges?

> Which federal agency oversees the practices of banks, mortgage lenders, and credit-card companies?

> Which federal rule protects consumers who buy goods over the phone, through the mail, or online?

> What are three forms of deceptive advertising?

> Which federal agency is empowered to prevent unfair and deceptive trade practices?

> What are four defenses to product liability?

> What types of defects are recognized in product liability law?

> How does negligence-based product liability differ from strict product liability?

> What is product liability?

> How is the power of eminent domain invoked?

> When does an implied warranty of merchantability arise?

> What is an express warranty?

> What is a title warranty and when does it arise?

> According to the parol evidence rule, can evidence be used to explain or supplement the terms of a contract?

> When can a buyer or lessee sue to recover damages from a seller or lessor?

> When can a seller or lessor bring an action to recover damages from a buyer or lessee?

> In what situations can a buyer or lessee revoke his or her acceptance of goods?

> When and how does a buyer or lessee pay for goods?

> What is the perfect tender rule?

> What does tender of delivery require?

> How does international and U.S. law protect property rights in outer space?

> What can a party to a sales or lease contract obtain to protect against a financial loss if goods are damaged, destroyed or lost?

> Who bears the risk of loss when a sales or lease contract is breached?

> What determines who suffers a financial loss if goods are damaged, destroyed, or lost?

> In a transaction for a sale of goods subject to a shipment contract, when does title pass?

> If a contract calls for a sale or lease of goods that are already in existence, when does identification take place?

> What is the difference between legal and ethical standards? How are legal standards affected by ethical standards?

> In what circumstances might a tying arrangement be considered procompetitive?

> What are the ethical values underpinning antitrust laws, and why are those laws applied to tying arrangements in particular?

> What is an exclusive dealing contract?

> When are price-fixing agreements lawful under the Sherman Act?

> What is the difference between a per se violation and a violation that is analyzed using a rule of reason?

> What is a horizontal restraint?

> What is price discrimination?

> Does the modification of an agreement subject to the UCC need new consideration to be binding?

> What factors contributed to the initial ineffectiveness of the Sherman Act when it was first enacted?

> How does the Sherman Act affect international business?

> What is a monopoly?

> Is it ethical for an administrative agency to reverse or otherwise alter its policy when the change increases the financial burden on the regulated parties?

> Identify and briefly describe laws that make agencies more accountable through public scrutiny.

> How do courts hold agency authority in check?

> Given that an administrative law judge is a member of the agency prosecuting a case, what safeguards promote fairness?

> What is a major advantage of agency rulemaking?

> Why are most disputes resolved at, or soon after, the investigatory stage of an agency action?

> How does an agency use its investigative powers?

> How may the acceptance of an offer to buy, sell, or lease goods be made?

> What is “the administrative process”?

> How might the Internet expedite formal rulemaking procedures?

> How is an administrative agency created?

> What is a constructive trust?

> How does a living trust differ from a testamentary trust?

> What four elements must be present to create a valid trust?

> What is a codicil?

> What are the four basic requirements for a valid will?

> What are the three requirements that must be satisfied in order for a testator to demonstrate his or her testamentary capacity?

> What is the purpose of a residuary clause?

> When does the common law govern contracts for sales and leases of goods?

> How does a specific devise or bequest differ from a general devise or bequest?

> How might the availability of a secure online repository for a person’s will affect a challenge to the will?

> What is a will?

> What is the difference between an assignment of a lease and a sublease?

> Can a landlord be held liable for injuries caused by the crimes of third persons?

> To what extent may a landlord be held liable for injuries caused by defects on the premises?

> When may a tenant withhold the payment of rent?

> What factors will a court consider in deciding whether a defect is substantial enough to violate the implied warranty of habitability?

> What is retaliatory eviction?

> How might the doctrine of unconscionability affect the validity of leases?

> When is a sale?

> Why do nations impose laws to restrict or facilitate international transactions?

> Why is knowledge of business law essential for any businessperson?

> Why is interest expense said to cost the firm substantially less than the actual expense, while dividends cost it 100 percent of the outlay?

> When does insider trading occur? What government agency is responsible for protecting against the unethical practice of insider trading?

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