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Chris M.
Chris M., M.S.W. Social Work
Category: Homework
Satisfied Customers: 2786
Experience:  Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
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Resolved Question:

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Submitted: 5 years ago.
Category: Homework
Expert:  Chris M. replied 5 years ago.

Hello,

 

Your post got cut short at Question #6. Can you post the remaining questions.

Customer: replied 5 years ago.

thank you for noticing.

 

7. Standard Goods, Inc., ships fifty defective hard drives to Top Business Corporation. Top rejects the drives and ships them back to Standard, via United Transport, Inc. The drives are lost in transit. The loss is suffered by

a. Standard

b. Top.

c. United.

d. none of the above.

 

8.-Masud, a high-tech employee of Global Tech, signs a covenant not to compete with the firm in which Masud promises not to work for a competitor of Global if and when he leaves the company's employ for any reason. This promise can be best characterized as:

a. Unenforceable since it is a restraint of trade.

b. Unenforceable in most states if Masud is a single-parent and got laid-off through no fault of his own when his job was outsourced to India.

c. Enforceable but only if Global pays Masud severance for six months in accordance with the federal Family Medical Leave Act.

d. Enforceable if the time period and the duration of the covenant are reasonable and Masud had access to confidential proprietary information.

 

9.The Foreign Corrupt Practices Act can prevent each of the following except:

a. Bribes to foreign officials.

b. Bribes to foreign political party officials.

c. Bribes to candidates for office in foreign nations.

d. Facilitating and expediting payments to lower level foreign officials for routine government actions.

 

10.General Construction contracts to build a store for Home Stores for $1 million. In mid-project, Home repudiates the contract, and General stops working. General incurred costs of $600,000 and would have made a profit of $100,000. General's measure of damages likely is

a. $1 million.

b. $700,000.

c. $100,000.

d. nothing.

Expert:  Chris M. replied 5 years ago.

Hello,

 

Sorry I missed your reply earlier. When I logged back on, you had already deleted the part of the quiz that you posted first. Thanks for your previous "accepts" and hope to assist you again.

 

-Chris M.

Customer: replied 5 years ago.

Thank you. Do you need me to post it back or will you not be taking this one? I apologize for the confusion.

Customer: replied 5 years ago.

Thank you. Do you need me to post it back or will you not be taking this one? I apologize for the confusion.

 

1.Tech, Inc., sells its brand-name computer equipment directly to its franchised retailers. Depending on how existing franchisees do, Tech may limit the number of franchisees in a given area to reduce intrabrand competition. Tech's restriction on the number of dealers likely is
a. a per se violation of the Sherman Act.
b. exempt from the antitrust laws.
c. subject to continuing review by the appropriate federal agency.
d. subject to the rule of reason.

2.The Small Motel Owners of the lower Keys have a secret meeting in Captain Tony's Bar in Key West wherein they agree that they will all extend the "winter season" motel rates one more month until June 15. The Small Motel Owners have acted:
a. Legally since they have the freedom of contract to make such an agreement.
b. Legally since the extension was reasonable under the circumstances, especially considering the poor economy and the influx of wealthier tourists from Latin America and Germany..
c. Legally since this agreement is governed by the Rule of Reason of anti-trust law.
d. Illegally since this is a Per Se violation of anti-trust law.

3.Adam invests in a franchise with Best Gas Stations, Inc. Best requires Adam to exclusively buy Best products for every phase of the operation. Adam's best argument to challenge this requirement is that it violates
a. an implied covenant of good faith and fair dealing.
b. antitrust laws.
c. the Federal Trade Commission's Franchise Disclosure Rule.
d. the U.S. Franchise Agency's Purchase and Sale Regulations.

4-Great Goods, Inc. is a consumer products firm. As a source of authority for its organization and functions, its articles of incorporation are
a.a primary source.
b. a secondary source.
c. a source of final resort.
d. not a reliable source.

5.Mohammed is a cashier at the check-out line at a big-box retail store. He is a Moslem and very religious. He is a very good employee, but he refuses to check out people who have liquor in their basket or pork products, such as frozen pepperoni pizza. He also refuses to touch them. These products violate his religious beliefs. He thus has to ask a supervisor or another cashier employee to come on over and "ring up" and bag those items. Once he even asked a customer to ring up her own products. This situation is beginning to inconvenience the employer and its customers. The employer consequently tells Mohammed that he must transfer to a junior book-keeping position, though with comparable salary and benefits, or else be discharged. Mohammed refuses, is discharged, and sues for religious discrimination. The likely result of such a lawsuit will be:
a.Mohammed will prevail since this is clearly religious discrimination.
b. Mohammed will prevail since making him a mere "clerk" is not a reasonable accommodation on the part of the employer in these circumstances.
c. The employer will prevail if it can convince the court that its accommodation to Mohammed was a reasonable one.
d. The employer will prevail regardless since it has no duty to accommodate the religious practices of its Moslem employees after the terrorist attacks of 9/11.

6-Eagle Corporation contracts to sell to Frosty Malts, Inc., six steel mixers for $5,000. When Eagle fails to deliver, Frosty buys mixers from Great Company, for $6,500. Frosty's measure of damages is
a. $6,500.
b. $5,000.
c. $1,500 plus incidental damages.
d. nothing.

7. Standard Goods, Inc., ships fifty defective hard drives to Top Business Corporation. Top rejects the drives and ships them back to Standard, via United Transport, Inc. The drives are lost in transit. The loss is suffered by
a. Standard
b. Top.
c. United.
d. none of the above.

8.-Masud, a high-tech employee of Global Tech, signs a covenant not to compete with the firm in which Masud promises not to work for a competitor of Global if and when he leaves the company's employ for any reason. This promise can be best characterized as:
a. Unenforceable since it is a restraint of trade.
b. Unenforceable in most states if Masud is a single-parent and got laid-off through no fault of his own when his job was outsourced to India.
c. Enforceable but only if Global pays Masud severance for six months in accordance with the federal Family Medical Leave Act.
d. Enforceable if the time period and the duration of the covenant are reasonable and Masud had access to confidential proprietary information.

9.The Foreign Corrupt Practices Act can prevent each of the following except:
a. Bribes to foreign officials.
b. Bribes to foreign political party officials.
c. Bribes to candidates for office in foreign nations.
d. Facilitating and expediting payments to lower level foreign officials for routine government actions.

10.General Construction contracts to build a store for Home Stores for $1 million. In mid-project, Home repudiates the contract, and General stops working. General incurred costs of $600,000 and would have made a profit of $100,000. General's measure of damages likely is
a. $1 million.
b. $700,000.
c. $100,000.
d. nothing.

 

Expert:  Chris M. replied 5 years ago.
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