Multiple Problems

For Help with Multiple Homework Problems, Ask an Expert

Connect one-on-one with {0} who will answer your question

This answer was rated:

★★★★★

What as a general rule makes a covenant-not-to-compete legal…

What as a general rule...

What as a general rule makes a covenant-not-to-compete legal in an employment contract?
Answer
a. The covenant must be reasonable as to time/duration.
b. The covenant must be reasonable as to place/territory.
c. The employer must be able to demonstrate that the covenant was necessary to protect a legitimate business interest of the employer.
d. All of the above.

Question 2
Which of the following is a false statement?
Answer
a. Essentially, corporate income is taxed twice when it is distributed to shareholders as dividends under U.S. tax and business laws.
b. A limited liability company (LLC) limits the liability of its members in the United States for business debts.
c. A general partnership for liability purposes is not usually considered a legal entity apart from its owners under U.S. laws.
d. Agreements to form a partnership always must be written under U.S. laws since there could be disagreements between partners otherwise.

Question 3
Great Furniture Company makes and sells furniture. To avoid liability for most implied warranties, their sales agreements should conspicuously note that their goods are sold
Answer
a. “as is.”
b. by a merchant.
c. for cash only.
d. in perfect condition.

Question 4
The tort of fraud requires the following except:
Answer
a. A false representation of material fact.
b. Knowledge of the falsity and intent to deceive.
c. Breach of the duty of strict ethical honesty in fact.
d. Justifiable reliance by the deceived party on the misrepresentation.

Question 5
Which of the following is a false statement?
Answer
A. An option is irrevocable during the option period.
B. An offer made in jest or as a joke where a reasonable person would conclude that it was made in jest or as a joke cannot result in a contract.
C. The offeror is the party to decide whether to accept the offer and thus make a contract.
D. A contract remains executor as long as any party to the contract has not fully performed.

Question 6
What third party cannot sue to enforce rights in the original contract?
Answer
a. A third party creditor beneficiary
b. A third party done beneficiary
c. A third party incidental beneficiary
d. An assignee.

Question 7
Franchise law is:
Answer
a. State law only.
b. Federal law only.
c. Both federal and state law.
d. State law, and based only on common law.

Question 8
The tort of assault and the tort of battery:
Answer
a. Are two names for the same tort.
b. Are strict liability torts.
c. Can occur independently or together.
d. Require proof of each of the separate elements of negligence.

Question 9
Which of the following is true regarding the liability of the partners in a limited partnership?
Answer
a. Both the limited and general partners have unlimited liability for the partnership debts.
b. Neither the limited nor the general partners have unlimited liability for the partnership debts.
c. The limited partners have limited liability and the general partners have unlimited liability for the partnership debts.
d. The limited partners have unlimited liability and the general partners have limited liability for the partnership debts.

Question 10
Which of the following is not true about international law?
Answer
a. There are multiple sources of international law.
b. The International Court of Justice has the final and complete authority in all international disputes.
c. There is no international executive branch to enforce international law.
d. In many instances, nations are not obligated to follow the international law as set out by international organizations.

Question 11
Which of the following is/are true about the principal agency relationship?
Answer
a. In a non-disclosed principal situation, the agent is typically initially liable to the third party.
b. Under the ratification doctrine, a principal can ratify and thus authorize an agent's contract with a third party that was not originally authorized by the principal.
c. Under the imputed knowledge and notice doctrine, a principal can be charged with the knowledge of facts that had been disclosed to the principal's agent.
d. All of the above.

Question 12
Which of the following is not a correct statement?
Answer
a. The common law of contracts governs all types of contracts in the U.S. without exception.
b. A contract is an agreement between two or more parties that can be enforced in court of law.
c. Pursuant to the objective theory of contracts, the intention to enter into a contract is determined by the objective facts that are interpreted by the “reasonable prudent person” standard.
d. The agreement component of a contract consists of an offer and an acceptance under the common law.

Question 13
Which statement is FALSE about the Clean Air Act and the Clean Water Act?
Answer
a. Both strictly forbid any air or water pollution in the United States.
b. Both allow the Environmental Protection Agency to set air and water standards and

Show Less

Ask Your Own Multiple Problems Question

Answered in 26 minutes by:

11/25/2013

Business Tutor: Isaac, Esq., Doctoral Degree replied 9 years ago

Isaac, Esq., Doctoral Degree

Category: Multiple Problems

Satisfied Customers: 58,029

Experience: JD/MBA, Business Attorney

Verified

Thank you for your question. Please permit me to assist you with your concerns.

What as a general rule makes a covenant-not-to-compete legal in an employment contract?
Answer
d. All of the above.

Question 2
Which of the following is a false statement?
Answer
d. Agreements to form a partnership always must be written under U.S. laws since there could be disagreements between partners otherwise.

Question 3
Great Furniture Company makes and sells furniture. To avoid liability for most implied warranties, their sales agreements should conspicuously note that their goods are sold
Answer
a. “as is.”

Question 4
The tort of fraud requires the following except:
Answer
c. Breach of the duty of strict ethical honesty in fact.

Question 5
Which of the following is a false statement?
Answer
C. The offeror is the party to decide whether to accept the offer and thus make a contract.

Question 6
What third party cannot sue to enforce rights in the original contract?
Answer
c. A third party incidental beneficiary

Question 7
Franchise law is:
Answer
c. Both federal and state law.

Question 8
The tort of assault and the tort of battery:
Answer
c. Can occur independently or together.

Question 9
Which of the following is true regarding the liability of the partners in a limited partnership?
Answer
c. The limited partners have limited liability and the general partners have unlimited liability for the partnership debts.

Question 10
Which of the following is not true about international law?
Answer
b. The International Court of Justice has the final and complete authority in all international disputes.

Question 11
Which of the following is/are true about the principal agency relationship?
Answer
d. All of the above.

Question 12
Which of the following is not a correct statement?
Answer
a. The common law of contracts governs all types of contracts in the U.S. without exception.

Question 13
Which statement is FALSE about the Clean Air Act and the Clean Water Act?
Answer
b. Both allow the Environmental Protection Agency to set air and water standards and

Hope that helps.

Isaac, Esq., Doctoral Degree

Category: Multiple Problems

Satisfied Customers: 58,029

Experience: JD/MBA, Business Attorney

Verified

Isaac, Esq. and 87 other Multiple Problems Specialists are ready to help you

Ask your own question now

Customer reply replied 9 years ago

Thank you! Could you help me with the rest

Question 14

Regarding differences under the UCC in the treatment of merchants and non-merchants, which is true?

Answer

a. The UCC applies to merchants, but not to nonmerchants.

b. The UCC requires merchants' contracts to be in writing, but not those of nonmerchants.

c. The requirements for a merchant to form a contract are less stringent than those for nonmerchants, and merchants receive fewer protections than nonmerchants.

d. The consideration requirement has been eliminated for contracts between merchants, but is still present in contracts involving at least one nonmerchant.

Question 15

Which of the following is true relating to a "firm offer" under the UCC?

Answer

a. It can be made only by a merchant.

b. It must be in writing and signed by the merchant.

c. It may provide that the offer remain open for any period of time up to four months

d. A and B only.

Question 16

State law provides that existing shareholders may buy new issues of stock in the same proportion as their current holdings. This is done to allow the current stockholders to keep the same voting and dividend rights they had before the new issue. This right is known as a right of:

Answer

a. Redemption.

b. Ratification.

c. Preemption.

d. First refusal.

Question 17

Lee and Mary want Nick to replace Lee as a party to their contract. They can best accomplish this by agreeing to

Answer

a. an accord and satisfaction.

b. an assignment.

c. a novation.

d. a nullification.

Question 18

In a short form merger, which approvals are needed?

Answer

a. Votes by both boards of directors, but shareholders need not approve.

b. Vote by the board of directors of the surviving corporation, and for the corporation which does not survive, recommendation by the board of directors and vote by the shareholders.

c. Vote by the board of directors of the surviving corporation.

d. For both corporations, a vote by the shareholders, but no action by the board of directors.

Question 19

The doctrine which applies when one person confers a benefit on another who retains the benefit in a situation where it would be unjust to allow the recipient to retain the benefit is known as:

Answer

a. Quasi-contract.

b. Pseudo-contract.

c. Unjust-contract.

d. Unilateral-contract.

Question 20

A contractual clause establishing an amount of prospective damages for breach is best described legally as

Answer

a. Mitigation of damages

b. Liquidated damages

c. Against the law

d. Limitation of damages

Question 21

When can a customer list of an employer rise to the level of a legally protected trade secret?

Answer

a. When the list has information in it which possesses value and which the employer has made reasonable efforts to keep the list secret.

b. When the employer obtains a federal copyright or trademark on it.

c. When there is concrete evidence that all the employer's customers on the list would be willing to continue doing business with the employer.

d. When the people on the customer list are readily obtainable from public sources.

Question 22

Under merchant's protections statutes:

Answer

a. Reasonable grounds for detainment are necessary only if the period of detainment is long.

b. The length of detainment is not relevant as long as there is a reasonable grounds for detainment.

c. Any investigation and the period of detainment must both be reasonable.

d. Merchants do not have any ethical responsibility to investigate possible investigations of the suspect because this is the job of the police.

Question 23

Which of the following is TRUE about real property?

Answer

A. In a joint tenancy with a right of survivorship, when one joint tenant dies his or her interest in the property passes automatically to the surviving joint tenant, who is typically the surviving spouse.

B. The real estate contract is the legal instrument that transfers title to real property.

C. “Quitclaim deeds” are illegal since no warranties of title are made by the grantor.

D. Real property cannot be owned concurrently in the U.S. since the government will not know exactly who is going to pay the taxes on the property.

Question 24

Which of the following is the most correct statement of the requirements for a bona fide occupational qualification?

Answer

a. Job related and cost effective.

b. Job related and nondiscriminatory.

c. Job related and a business necessity.

d. Rationally based and evenly and ethically applied.

Question 25

Which of the following is a false statement?

Answer

A. The principal has a duty to compensate any agent, including a gratuitous one.

B. An agent is generally not liable on contracts made in connection with a fully disclosed agency.

C. The principal has a duty to cooperate with his or her agent.

D. A partially disclosed agency exists where the third party is aware that the party he or she is dealing with is an agent, but does not know the identity of the principal.

Question 26

Which of the following is FALSE regarding the tort of defamation?

Answer

A. Libel is written defamation.

B. Truth is an absolute defense to a defamation lawsuit.

C. “Publication,” that is, communication of the defamatory statement to a third party, is a required element to a defamation lawsuit.

D. In the case of a “slander per se,” for example, a defamatory statement accusing a person of committing a serious crime of moral turpitude, damage to the plaintiff’s reputation is not presumed since the defamation is merely oral.

Question 27

Written preincorporation subscription agreements:

Answer

a. cannot be revoked by the subscriber for six months

b. may not be rejected by the corporation after incorporation.

c. are not enforceable by the corporation after acceptance.

d. are automatically enforceable against the corporation when it is formed

Question 28

Athletic Goods, Inc. (AGI), agrees to sell sports equipment to Bob’s Sports Store. Before the time for performance, AGI clearly and firmly tells Bob that it will not deliver. This is

Answer

a. anticipatory repudiation.

b. perfect tender.

c. rejection of performance.

d. revocation of acceptance.

Question 29

A provision under the UCC which affects merchants differently from nonmerchants is:

Answer

a. The effect of additional terms in an acceptance.

b. The firm offer rule.

c. The written confirmation rule.

d. All of the above.

Question 30

Pursuant to the typical court procedure in a civil case lawsuit, the "pleadings" typically consist of:

Answer

a. The complaint and the answer

b. A plea to a judge for leniency at sentencing time

c. Giving depositions

d. Answering interrogatories

Question 31

Which is true about corporate criminal liability?

Answer

Corporations have always been just as subject to criminal liability as individuals.

Because a corporation cannot be sent to prison, they generally cannot be held criminally liable for the actions of their officers.

If the criminal conduct can be traced to a specific person or persons, those persons will be liable and not the corporation.

There can be liability for both the individuals who commit crimes and for the corporation on whose behalf the crimes were committed.

Question 32

Which is TRUE regarding the employment at-will doctrine in the United States?

Answer

A. It can result in a legal but immoral discharge of an employee.

B. It cannot be changed by a contract between the employer and the employee.

C. It is operable in the U.S. and can result in a discharge without notice or cause or good cause but the employer based on federal law has to pay severance to the discharged employee based on the number of years he or she has worked for the firm.

D. It supersedes and prevails over Title VII of the Civil Rights Act.

Question 33

Digital Company plans to consolidate with Software Corporation to form DS, Inc. This requires the approval of

Answer

neither their boards of directors nor their shareholders.

their boards and their shareholders.

their boards only.

their shareholders only.

Question 34

Jose transfers his house by means of a deed to his mother for her lifetime and with a remainder to go to his sister. Thus,

Answer

A. Jose created a “life estate” in favor of his sister.

B. Jose reserved a remainder for himself.

C. Jose created a remainder in favor of his sister.

D. Jose did nothing since all future interests in real property are illegal.

Question 35

Which of the following best describes a merger?

Answer

Two corporations jointly purchase a third corporation and operate it as a joint venture.

Two corporations are combined to form a new third corporation, and the original two corporations cease to exist.

Two corporations are combined, with one of the original corporations surviving and the other ceasing to exist.

One corporation acquires all of the shares of second corporation, with both corporations retaining their separate legal existence, and the second a subsidiary of the first.

Question 36

A novation is best described as an example of

Answer

Illegal activity

A third party beneficiary contract

A license

An assignment and delegation combined

Question 37

The concept of in personam jurisdiction is that:

Answer

A court has the power to enforce a judgment against a particular person.

A party has a personal stake in the outcome of a particular case.

Special requirements must be met in nonbusiness cases involving individuals.

The case has been filed at the correct location within the state.

Question 38

The Americans with Disabilities Act (ADA) requires that:

Answer

a. Employers make an all-out effort to accommodate disabled employees regardless of cost or expense.

b. Employers make a "reasonable" accommodation to disabled employees.

c. Only large employers with over 1500 employees must make a reasonable accommodation to disabled employees due to the burdens involved.

d. None of the above.

Question 39

Which of the following is a false statement?

Answer

Under the Rule of Reason, U.S. courts will consider the purpose and consequences of an agreement between vertical businesses to restrain trade or commerce.

Market power is the power that a firm possesses to materially affect the market price of a product – up or down – at will.

Price discrimination is not necessarily a violation of U.S. antitrust law.

A firm that possesses a significant degree of market power is automatically violating monopolization antitrust laws in the United States.

Question 40

Which of the following corporate acts is most likely to be held ultra vires today?

Answer

Contribution to a private university to help fund an entrepreneurship center

Generous gratuity paid to the young widow of the corporation's founder

Entering a joint venture with another business

Installation of antipollution equipment not yet required by law

Customer reply replied 9 years ago

Could you please help me with the rest of the questions?

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a business tutorLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Multiple Problems Questions

I would like to request Neo the business tutor to answer

I would like to request Neo the business tutor to answer these questions Which of the following is a characteristic of a partnership? A. Double taxation B. Limited life C. Limited liability D. All of … read more

Neo

15,136 satisfied customers

Question 1The Federal Trade Commission (FTC) issues an

Question 1 The Federal Trade Commission (FTC) issues an order relating to the advertising of Great Sales, Inc. Great Sales appeals the order to a court. The court may review whether the FTC's action … read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

TRUE OR FALSES 1. An agent can perform legal acts that bind

TRUE OR FALSES 1. An agent can perform legal acts that bind the principal. 2. An agent must keep separate accounts for the principal's funds. 3. Any information or knowledge obtained through an agency… read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

5. The right of a partner who is made to pay more than his

5. The right of a partner who is made to pay more than his or her proportionate share of damages for contract liability may seek: a. Restitution b. Damages c. Indemnification. d. An accounting. 6. Whi… read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

Question 1 Jose transfers his house by means of a deed to

Question 1 Jose transfers his house by means of a deed to his mother for her lifetime and with a remainder to go to his sister. Thus, a) Jose created a “life estate” in favor of his sister. b) Jose re… read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

Please help me with these few multiple choice questions thank

Please help me with these few multiple choice questions thank you. 2. Sidney and Nikki are law partners in a general partnership. Nikki decides to take a position at another law firm. Nikki notifies S… read more

F. Naz

B.Com

CA Finalist & Completed B.com

1,154 satisfied customers

Which of the following is not an advantage of operating a business

Which of the following is not an advantage of operating a business as a sole proprietorship? Question 1 options: Ease of formation. Limited personal liability. The right to receive all of the profits … read more

Mr. Gregory White

Master's Degree

892 satisfied customers

Which of the following is not an advantage of operating a business

Bizhelp

CPA

Bachelor's Degree

539 satisfied customers

1 of 40 Capital Lending Company does a wide variety of

1 of 40 Capital Lending Company does a wide variety of lending, and normally obtains a security interest on loan transactions. To which of the following will Article 9 (Secured Transactions) of the Un… read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

1. "Common stock" entitles the shareholder to vote on corporate

1. "Common stock" entitles the shareholder to vote on corporate issues, receive dividends, and receive property upon the corporation's liquidation. A) True B) False 2. Mohammad is a member of an LLC. … read more

linda_us

Master's Degree

1,402 satisfied customers

Question 23Which of the following is a false statement?

Question 23 Which of the following is a false statement? a. A voidable contract is a valid contract that can still be avoided by at least one of the parties to it. b. A quasi-contract has no legal eff… read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

1. State law prohibited public criticism of state officials.

1. State law prohibited public criticism of state officials. Kelly criticized the officials and was arrested. She argued that the law conflicted with the U.S. Constitution. The government argued that … read more

Ellen

Attorney

Doctoral Degree

650 satisfied customers

32. The concept of in personam jurisdiction is that: Answer A

32. The concept of in personam jurisdiction is that: Answer A court has the power to enforce a judgment against a particular person. A party has a personal stake in the outcome of a particular case. S… read more

Jane T(LLC)

Master's Degree

5,402 satisfied customers

1) A minor buys a car, and continues to drive the car for more

1) A minor buys a car, and continues to drive the car for more than a reasonable time after turning 18. This action would constitute a(n): Express disaffirmance. Implied disaffirmance. Express ratific… read more

Mr. Gregory White

Master's Degree

892 satisfied customers

For Teacher Greg 24) A supervening illegality (that is, legality

For Teacher Greg 24) A supervening illegality (that is, legality after the contract was entered into) is best described as . Voiding the contract . Resulting in a discharge of contract duties . Having… read more

Mr. Gregory White

Master's Degree

892 satisfied customers

14) Which of the following is a false statement? a. The

14) Which of the following is a false statement? a. The U.S. Constitution expressly states that Congress has the power to regulate interstate commerce. b. When state regulations in the U.S. impinge on… read more

Mr. Gregory White

Master's Degree

892 satisfied customers

Disclaimer: Information in questions answers, and Show Less

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

JustAnswer in the News:

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!
AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.
GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.
JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.
EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.
RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.
DianeDallas, TX

< Previous | Next >

Meet the Experts:

Manal Elkhoshkhany

1,687 satisfied customers

Tutor at Manal Elkhoshkhany

linda_us

Master's Degree

1,402 satisfied customers

A tutor for Business, Finance, Accounts and other related topics.

F. Naz

B.Com

1,154 satisfied customers

have completed B.Com and CA Finalist

Mr. Gregory White

Master's Degree

892 satisfied customers

M.A., M.S. Education / Educational Administration

Bizhelp

CPA

539 satisfied customers

BA degree and Certified Public Accountant

SuperiorTutor

Bachelor's Degree

18 satisfied customers

Majors in Finance and Accounting . A quick browsing hand.

Kirk_CPA

Master's in Acctg

17 satisfied customers

CPA, CIA, CISA; 15 years with Big 4 and other corporations

< Previous | Next >

Show MoreShow Less

Search your question here