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美国商业法本科作业business law homework

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Duress may be a valid criminal defense. A) True 
B) False 

 

In the U.S., evidence obtained through an illegal search may not be used in court. A) True 
B) False 

 

Corporate employees are personally liable for the crimes they commit while acting for the corporation.
A) True
B) False 

 

RICO prohibits persons employed or associated with any enterprise from engaging in a pattern of racketeering activity. A pattern of racketeering activity consists of committing: 
A)  two racketeering acts in a 10-year period. 
B)  five racketeering acts in a 5-year period. 
C)  two racketeering acts in a 5-year period. 
D)  five racketeering acts in a 10-year period. 

 

The burden of proof the state must satisfy in a criminal trial is: 
A)  a preponderance of the evidence. 
B)  clear and convincing evidence. 
C)  beyond a reasonable doubt. 
D)  beyond a shadow of a doubt. 

 

Generally, when a minor and an adult have a contract, both have the option of performing or disaffirming the contract.
A) True
B) False 

 

Misrepresentation is different from fraud because it lacks the element of scienter. A) True 
B) False 
A widely accepted definition of illegality states that a bargain is illegal if its performance is criminal, tortious, or otherwise opposed to public policy.
A) True
B) False 

 

Generally, covenants not to compete will be enforced if reasonable in length and geographic scope.
A) True
B) False 

 

The deliberate misrepresentation of a material fact with the intent to induce another person to enter into a contract that will be injurious to that person is the definition of: A) fraud.
B) misrepresentation. 
C) mistake. D) duress. 

 

What is the likely course of action a court will take in a contract involving unilateral mistake? 
A)  A court will void the contract. 
B)  A court will read its own terms into the contract. 
C)  A court will refrain from taking any action concerning the contract. 
D)  None of the above. 

 

Garden Fresh used chemical pesticides on its vegetables. Nevertheless, Garden Fresh advertised its vegetables as chemical-free. Garden Fresh: 
A)  may be held liable for fraud. 
B)  may be held liable for economic duress. 
C)  may be held liable for innocent misrepresentation. 
D)  None of the above. The claim was made in an advertisement. 
 

 

Which of the following involves an alleged fact that, if false, is sufficient to constitute fraud? 
A)  “This car is worth 10 grand,” says Joe the plumber. 
B)  “This diamond is worth $10,000,” says Kim the jeweler. 
C)  “My new computer is the fastest on the market,” says Bob the attorney. 
D)  All of the above. 

 

Normally, a valid contract does not exist unless there is consideration, that is, something bargained for and given in exchange for a promise.
A) True
B) False 
Generally, enforceable contracts can be formal or informal, oral or written. A) True 
B) False 
A voidable contract is enforceable unless proper steps are taken by a party to reject the agreement. 
A) True B) False 
A unilateral contract can be defined as one created by a promise given in exchange for another promise. 
A) True B) False 
Oral contracts are valid and enforceable in many situations. A) True 
B) False 
Some type of contracts must be in writing to be enforced. A) True 
B) False 
Page 3

 

Which of the following is a bilateral contract? 
A)  Eloise tells Griffin that she will pay him $20 if Griffin will wash her car which 
Griffin does. 
B)  Eloise writes Griffin a letter in which she promises that if Griffin will wash her car, 
she will pay him $20 which Griffin does. 
C)  Eloise and Griffin both sign a piece of paper which says, “Eloise agrees to pay 
Griffin $20 and Griffin agrees to wash Eloise's car in exchange for $20.” 
D)  Griffin washes Eloise's car without her knowledge and then requests payment of 
$20. 

 

Raul called his friend Marti and offered to give her two tickets to a concert by Nine Inch Nails. Marti said, “Okay, I love that group!” A few days later Raul called Marti and told her he couldn't give her the tickets. Assuming Marti sued Raul, 
A)  she would probably win as a contract was formed. 
B)  she would probably lose because the contract wasn't in writing. 
C)  she would probably lose, as most courts would hold no contract was formed. 
D)  None of the above. 

 

In general, a valid contract requires which of the following? 
A)  Capacity. 
B)  Legality. 
C)  Offer and acceptance. 
D)  All of the above. 

 

If the promises of the parties are inferred from their acts or conduct, the contract is: 
A)  void. 
B)  implied in law. 
C)  implied in fact. 
D)  executory. 

 

An executory contract exists where: 
A)  the promises have not been completed by one or more of the parties. 
B)  all conditions and promises have been completed by all of the parties. 
C)  the elements for a valid contract are not present. 
D)  an executrix is called upon to perform. 

 

Mike agrees to paint Mary's house for $1,500. Mike completes the job as agreed, and Mary pays Mike. The contract between Mary and Mike is now: 
A)  a voidable contract. 
B)  a void contract. 
C)  an executed contract. 
D)  an executory contract. 

 

Contracts to commit a criminal act are: 
A)  void. 
B)  voidable. 
C)  valid. 
D)  None of the above. 

 

Which Code?
A)  A 
B)  A 
C)  A 
D)  A 
of the following contracts would be governed by the Uniform Commercial
contract for the sale of real estate. contract for legal services.
contract for the sale of a refrigerator. contract for the purchase of farmland.

 

Mikko made the following offer to Ralph: “I will pay you $10 if you agree to mow my
lawn.” Ralph replied that he would mow the lawn. The contract is an:
A)  executed, bilateral, express contract. 
B)  executory, bilateral, implied in law contract. 
C)  executed, unilateral, express contract. 
D)  executory, bilateral, express contract. 

 

Millie, suffering from a bad toothache, stopped at the dental office of Matt Miller, a dentist she didn't know. Matt pulled the bad tooth and gave Millie a bill for $200. In this situation, there is: 
A)  an express contract. 
B)  a contract implied in fact. 
C)  a contract implied in law. 
D)  a quasi-contract. 

 

The mirror image rule requires that the terms of the acceptance exactly match the terms of the offer. 
A) True B) False 
A debt in which the amount owed is in dispute is called: 
A)  an accord. 
B)  a liquidated debt. 
C)  a compromise. 
D)  an unliquidated debt. 

 

The UCC relaxes some common law contractual requirements because the UCC is predicated on the idea that commercial people want to deal with each other.
A) True
B) False 

 

Courts will ordinarily evaluate the adequacy of consideration. A) True 
B) False 

 

The settlement of an unliquidated debt ordinarily results in an accord and satisfaction. A) True 
B) False 
Present or past consideration both constitute valid consideration. A) True 
B) False 

 

Newspaper advertisements are generally considered: 
A)  valid offers. 
B)  option contracts. 
C)  invitations to make offers. 
D)  output offers. 

 

Methods for terminating an offer include all EXCEPT: A) lapse. 
B) rejection. C) revocation. D) anticipation. 

 

Under the common law, an acceptance which deviates from the terms of the offer is: 
A)  a valid contract. 
B)  an option. 
C)  a counteroffer. 
D)  a unilateral acceptance. 

 

Garden Fresh called VIP Grocery and offered to sell 1,000 pounds of tomatoes. Garden Fresh said that the offer would remain open for two days. The offer: 
A)  can be revoked because the subject matter is perishable. 
B)  cannot be revoked because Garden Fresh, a merchant, promised that the offer 
would remain open for two days. 
C)  cannot be revoked because there is an option. 
D)  can be revoked because there was no consideration from VIP. 

 

The mailbox rule holds that: 
A)  acceptance is effective when received by the offeror. 
B)  acceptance is effective when sent. 
C)  the U.S. Post Office is the authorized means of accepting offers. 
D)  revocation is effective when sent by the offeror. 
 

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论文关键字:美国本科作业 business law 商业法homework