11. Omar is Precise Service Company's chief executive officer. On Precise's behalf, Omar solicits business
, hires and fires workers, and handles the finances. Precise pays Omar varying amounts, depending on his "needs". Omar is most likely (Points: 5)
an independent contractor.
12. Jay holds himself out as possessing special accounting skills. As an agent, he must exercise the degree of skill or care expected of (Points: 5)
a person having those skills.
an average, unskilled person.
a reasonable person.
13. Global Sales, Inc., engages in trade practices
that may violate antitrust law. The Federal Trade Commission has the power to act against unfair trade practices under (Points: 5)
the Clayton Act.
the Federal Trade Commission Act.
the Interstate Commerce Act.
the Sherman Act.
14. Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label (which was relied upon by Vim). Consequently, Vim is injured by the espresso machine. Universal is most likely liable for (Points: 5)
a commonly known danger.
15. Mariah owns Nitro Demolition Company. During a demolition by Mariah's crew, Own, a passerby, is injured. Under the theory of strict liability, Mariah must pay for the injury (Points: 5)
only if the crew intended to injure Owen.
only if the crew was at fault.
under no circumstances.
whether or not the crew was at fault.
16. Gert, an obese individual, files suit against Hot n' Tasty, Inc., alleging that its food is unhealthy because, as is well known, it contains high levels of salt and sugar. Gert's suit is most likely to (Points: 5)
fail, because salt and sugar are not unhealthy ingredients in food.
fail, because the danger is open and obvious to a reasonable consumer.
succeed, because the danger is open and obvious to any consumer.
succeed, because the food's contents obviously caused Gert's obesity.
17. David is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than (Points: 5)
eight hours in one day.
forty hours in one week.
160 hours in one month.
one year for the same employer.