指导
网站地图
返回首页

美国东北大学商法25道考题

论文价格: 免费 时间:2013-07-27 22:35:17 来源:www.ukassignment.org 作者:留学作业网

论文题目:美国东北大学商法25道考题
论文语言:英语论文 English
论文专业:business
字数:25选择题
学校国家:美国
是否有数据处理要求:否
您的学校:美国东北大学
论文用于:其他 Other
补充要求和说明
 

美国东北大学商法25道考题

1. Under the statute of frauds, personal service contracts must be in writing to be enforced. A) True 
B) False 
1。关于欺诈的法规下,个性化的服务合同必须以书面形式向被执行。 A)真 B)假
A

2. A court will admit parol evidence to clear up ambiguities in an agreement. A) True 
B) False

2。法庭会承认口头证据在协议中清除混淆。 A)真 B)假
A

3. On December 1, 2001, Exclon, Inc. entered into a contract with ServeUSA. Under the http://www.ukassignment.org/mgzydx/  contract, ServeUSA is to provide computer support to Exclon from January 1, 2002 through December 31, 2002. Under the statute of frauds, this contract:
. A)  does not require a writing because the term of the contract is one year.
. B)  does not require a writing because the agreement is for services, not goods.
. C)  requires a writing because the contract cannot be performed within one year from 
December 1, 2001.
. D)  requires a writing because the contract involves intangibles.

. C
 

4. Cube Construction, the general contractor on a construction project, was falling behind on its payments to Amex, a subcontractor. Amex is threatening to cease working if not paid. Such an action would have terrible financial consequences for Kalli, the owner of the premises. Kalli promises Amex that she will pay if Cube fails to do so. Under the statute of frauds, does this agreement need to be in writing in order to be enforceable?
. A)  Yes, because Kalli's main purpose is to retain an economic benefit for herself, 
rather than to benefit Cube.
. B)  Probably not, because Kalli's main purpose is to retain an economic benefit for 
herself rather than to benefit Cube.
. C)  Yes, because this promise probably cannot be kept within one year.
. D)  Probably not, because it is likely that this promise can be kept within one year.
. B
 

5. Which of the following does not satisfy the statute of frauds signature requirement?
. A)  The memorandum is on the stationery/letterhead of one party and is signed by the 
other.
. B)  The memorandum contains the stamped signatures of both parties.
. C)  The memorandum is only signed by the party seeking enforcement.
. D)  Both signatures appear on invoices and telegrams relating to the contract.
. A

6. Wallco entered into a contract to buy 100 desks from Desks R Us. The agreement was in writing on a printed form. The contract form provided that payment is due on receipt of the goods. The parties, however, typed the following provision on the printed form, “Payment is due 30 days after receipt of the desks.” Which term will be enforced?
. A)  The printed term since the term was actually printed on the contract.
. B)  The typed term since it is the best evidence of the parties' true intention.
. C)  Neither term since the terms conflict.
. D)  The typed term because the contract is interpreted in favor of the party who didn't 
prepare the contract.
. A
 

7. Marsha and Fran have entered into a contract that falls under the statute of frauds. The only evidence of the agreement is a letter Marsha sent to Fran. Which of the following may be a sufficient “signature” if Marsha denies the enforceability of the contract in court?
. A)  Marsha's own, handwritten signature.
. B)  Marsha's stamped signature.
. C)  Marsha's stationery containing her name.
. D)  All of the above.
. A
 

8. A contract may be discharged through release, rescission, or accord, but not through satisfaction or novation.
A) True
B) False
B
 

9. A court may order specific performance if damages or restitution will be inadequate. A) True 
B) False
A
 

10. Contracts carry an implied duty to mitigate damages. A) True 
B) False
A

11. Accord and satisfaction is an agreement whereby the parties decide to accept performance different from that required by their original bargain and the parties' later compliance with the new agreement.
A) True
B) False
A

12. Myron, a contractor, finished building a house for Becky except that he failed to paint the trim on the house. If Becky refuses to pay and Myron sues, the likely result would be:
. A)  Myron would lose, as he has not fully performed his contract responsibilities.
. B)  Myron would lose unless Becky agreed to this contract modification.
. C)  Myron would recover the full contract price, as he substantially performed.
. D)  Based on substantial performance, Myron would recover the contract price less the 
amount needed to paint the trim.
. D

13. Muriel ordered a new green sport utility vehicle from Rich's Motors. When the time for delivery came, her new vehicle wasn't delivered and Rich's couldn't guarantee when it would be delivered. As such, she agreed to take a blue sport utility vehicle that Rich's had in stock. This transaction would be called:
. A)  a release.
. B)  an accord and satisfaction.
. C)  a novation.
. D)  a discharge by operation of law.
. B

14. Jacques entered into a contract to purchase a rare coin from Al's Collectibles. Later, Al refused to perform because the value of the coin had increased. If requested, the court may grant:
. A)  specific performance.
. B)  rescission.
. C)  reformation.
. D)  liquidated damages.
. A

15. A condition that must happen before the parties to a contract have an obligation to perform is called:
. A)  a concurrent condition.
. B)  a condition subsequent.
. C)  a condition precedent.
. D)  None of the above.
. C

16. Myers, Inc. entered into a contract with Stairway Inc. Stairway was to manufacture a hydro-powered generator. The generator was to be delivered by September 15. The contract contained the following provision:
“Damages. Stairway, Inc. will pay Myers, Inc. $500 per day for each day after September 15 that delivery of the generator is delayed.” 
The damages provision is called:
. A)  a liquidated damages clause.
. B)  a compensatory damage clause.
. C)  a nominal damages clause.
. D)  an accord clause.
. C

17. Discharge of a contract occurs in all of the following EXCEPT:
. A)  difficulty in performance.
. B)  complete performance.
. C)  substantial performance.
. D)  accord and satisfaction.
. A

18. Fashions Plus entered into a contract to purchase 1,000 #2221 undergarments for $10,000. Because of a typographical error, the written contract reflected a contract price of $1,000. If a court subsequently changes the contract amount to $10,000, it is granting the remedy of:
. A)  reformation.
. B)  rescission.
. C)  specific performance.
. D)  quasi contract.
. A

19. If the buyer is able to revoke acceptance, he or she may then also select any appropriate pre-acceptance remedies.
A) True
B) False
A
 

20. In order to use the remedy of reclaiming the goods from the buyer, the seller must prove that the buyer was insolvent at the time the goods were accepted.
A) True
B) False
A

21. DAVC18Teck-E shipped goods to Compute. Compute accepted the goods and tendered a check. Teck-E had heard rumors of Compute's insolvency and demanded payment in cash. Which statement is correct?
. A)  Teck-E has no right to demand cash since it was not part of the agreement. 
Consequently, Compute has met its obligation by tendering a check and needs to 
do no more.
. B)  Upon Teck-E's demand, Compute must immediately tender cash.
. C)  Upon Teck-E's demand, Compute must tender cash but has a reasonable time to do 
so.
. D)  Under the circumstances, Compute can revoke its acceptance.
. A

22. O'Shea's contracted to buy kitchen equipment from Restaurant Supply. Restaurant Supply heard rumors that O'Shea's was experiencing financial difficulties. On March 1, O'Shea's president sent a letter to Restaurant Supply stating that the business was solvent. On March 10, Restaurant Supply shipped the kitchen equipment and O'Shea's accepted. The payment term was net 30 days. O'Shea's failed to pay for the equipment. O'Shea's was insolvent as of February 15. Which statement is correct concerning Restaurant Supply's right to reclaim the kitchen equipment?#p#分页标题#e#
. A)  Restaurant Supply has the right to reclaim the goods provided it demands the return of the goods within ten days of delivery.
. B)  Restaurant Supply has the right to reclaim the goods provided it demands the return of the goods within 30 days of delivery.
. C)  Restaurant Supply has the right to reclaim the goods. There is no time limit within which Restaurant Supply must demand the goods.
. D)  Restaurant Supply does not have the right to reclaim the goods.
. C
 

23. Pursuant to a written contract, UNet was to deliver parts to Ronment on July 1. On June 1, UNet notified Ronment that it would not deliver the parts as agreed. UNet's conduct is referred to as:
. A)  specific performance.
. B)  anticipatory repudiation.
. C)  replevin.
. D)  impracticability.
. B
 

24. Perma, Inc. contracted to buy steel rods from Sealem Steal. Sealem was in the middle of a production run but had not identified the rods for Perma's contract. Perma notified Sealem that it would not accept the rods nor pay for them. Under these circumstances, Sealem:
. A)  must complete production of the goods so that damages can properly be computed.
. B)  may elect to stop production of the goods and sell the unfinished goods for scrap.
. C)  must cease production in order to mitigate damages.
. D)  may only sue for damages since there are no goods to deliver under the contract.
. D

25. A seller mistakenly shipped nonconforming goods to a buyer. The goods are perishable, and http://www.ukassignment.org/mgzydx/  the buyer is not able to contact the seller for instructions as to how to dispose of the goods for the seller. The buyer is a merchant. Under these circumstances, the buyer is legally obligated to:
. A)  resell the goods for the seller's account.
. B)  attempt to resell the goods.
. C)  return the goods to the seller at the seller's expense.
. D)  store the goods until the seller gives instructions for disposition.
. B

此论文免费


推荐内容
  • 留学生作业:肯德基的道德管理...

    本文是一篇道德管理留学生作业。随着世界经济的繁荣,消费者在食物或服务方面,相比以前来说有了更多的选择。同时,从能力到建设和零售的市场竞争与前几十年先比是越来越激......

  • 美国作业范文:The cur...

    一篇简短的美国留学生作业范文,主要内容就是通过阅读资料分析全球货币战争主要涉及中国和美国,为什么会发生货币战争?货币战争的原因和影响。供参考。...

  • 美国课程作业-以美国沃茨骚乱...

    这是一篇美国留学课程作业。多年来,加州和洛杉矶已经成为社会混乱、骚动频发的地区。帮派竞争、就业歧视、警察暴力、种族歧视频繁发生。本文以美国沃茨骚乱和罗德尼·金起......

  • 美国留学生英语本科课程作业范...

    美国留学生,英语本科课程作业范文格式,The Details Comparison between Jasmine Life and Going Ashore,......

  • 美国会计专业作业指导 acc...

    会计学专业的学生很多都听过美国公认会计准则和国际财务报告准则,那么,这二者有什么联系和区别呢?孰优孰劣呢?本文是accounting essay范文,将对此做详......

  • 美国文化类论文作业指导:制定...

    发展是当今世界的两大主题之一,世界各国正抓紧利用这一战略机遇期不断提升自身的综合国力。...