ETH 321 Week 3 Knowledge Check

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ETH 321 Week 3 Knowledge Check

Instructions

Week 3 Knowledge Check
The material presented below is not meant to be a comprehensive list of all you need to know in the content area. Rather it is a starting point for building your knowledge and skills. Additional study materials are recommended in each area below to help you master the material.
Personalized Study Guide Results:
Score: 24/ 24
Concepts Mastery Questions
Requirements for the formation of valid contracts 100% • 1
• 2• 3
Enforceability of contracts 100% • 4
• 5• 6
Statute of frauds 100% • 7
• 8• 9
Remedies for contract breaches 100% • 10
• 11
• 12
Equitable remedies 100% • 13
• 14
• 15
Sole proprietorships and partnerships 100% • 16
• 17
• 18
Limited liability companies and limited liability partnerships 100% • 19
• 20
• 21
Corporations 100% • 22
• 23
• 24
Concept: Requirements for the formation of valid contracts
Mastery : 100% Questions : • 1
• 2• 3
Materials on the concept:
• Revocation
• Events of Termination of the Power of Acceptance: Action of the Parties versus Operation of Law
• Agreement Part 2: Acceptance
• Contract Formation: Mutual Assent
• Legal Detriment
Show More
1.
In which case is an offer irrevocable?
• A.
When the offeree has not made any preparations before accepting the offer
• B.
When the offeree has partly acted upon the offer
• C.
When the offer is not in the form of an option contract
• D.
When the offeree’s response contradicts the offer even minimally

2.
What does the mailbox rule, in the context of common law contracts, state?
• A.
An offeror cannot revoke his or her offer under any circumstance.
• B.
An offeror must receive a written document of acceptance by the offeree in order for an offer to be considered accepted.
• C.
An offeree is said to have accepted an offer as soon as he or she dispatches the acceptance.
• D.
An offeree can use any method of acceptance, even if it has not been specified by the offeror.

3.
Which of the following meets the consideration requirement of contracts?
• A.
When a promiser pledges to perform a legal duty
• B.
When a promisee gives up a legal right
• C.
When a promiser gifts a property of high value to someone
• D.
When a promisee provides a gift for a favor done in the past

Concept: Enforceability of contracts
Mastery : 100% Questions : • 4
• 5• 6
Materials on the concept:
• Enforceability
• Fraudulent Misrepresentation
• Undue Influence
• Duress
4.
When does fraudulent misrepresentation occur in the context of contracts?
• A.
When one party to a contract unintentionally fails to notice an error in the express terms of the contract
• B.
When one party to a contract knowingly provides only puffing and not facts in the contract
• C.
When one party to a contract knowingly distorts a material fact in the contract
• D.
When one party to a contract unintentionally conceals one of the facts in the terms of the contract

5.
Mr. Sanchez is a 70-year-old man with Parkinson’s disease. Jennifer, a full-time nurse, has been taking care of him for over four years. Mr. Sanchez depends on Jennifer and considers her to be a trustworthy caregiver. However, Jennifer informs Mr. Sanchez that she can no longer be his caregiver unless he promises to leave his estate to her in his will. Since Mr. Sanchez does not have anyone else to care for him, he accepts this agreement. Under which condition would a court of law allow Mr. Sanchez to void this agreement?
• A.
Fraudulent misrepresentation
• B.
Slander
• C.
Unconscionability
• D.
Undue influence

6.
Which defense can be used when one party to an agreement threatens violence against another party to the agreement to persuade the latter to modify the agreement?
• A.
Fraudulent misrepresentation
• B.
Duress
• C.
Unconscionability
• D.
Undue influence

Concept: Statute of frauds
Mastery : 100% Questions : • 7
• 8• 9
Materials on the concept:
• Enforceability
• Statute of Frauds
7.
What is true about the statute of frauds for common law contracts?
• A.
It mandates that all forms of contract be in writing.
• B.
It creates specific formats in which parties are required to write contracts.
• C.
It is applicable to contracts that cannot be performed in less than one year.
• D.
It is not pertinent to contracts pertaining to the sale of land.

8.
According to the statute of frauds, what is one component that is consistently required for a contract to be valid?
• A.
A signature of the party against whom the contract is to be enforced
• B.
Written evidence of the contract
• C.
A prescribed format for the written contract
• D.
The signatures of at least three witnesses to the contract

9.
To which of the following common law contracts will the statue of frauds best apply?
• A.
A license contract of three weeks duration
• B.
A sale-of-goods contract involving an amount of $400
• C.
A lease transaction involving an amount of $2500
• D.
A supplier contract of six months’ duration

Concept: Remedies for contract breaches
Mastery : 100% Questions : • 10
• 11
• 12
Materials on the concept:
• Remedies
• Liquidated Damages
• Compensatory Damages
• Consequential Damages
10.
Gadgetbug Corp. and Alba Inc. are two companies that have entered into a contract. According to the terms of this contract, if any one party breaches the contract, it will pay the nonbreaching party a fixed amount of $50,000. What type of remedy for contract breaches is best illustrated in the scenario?
• A.
Compensatory damages
• B.
Consequential damages
• C.
Liquidation damages
• D.
Restitution

11.
In the context of remedies to breach of contract, what is true about compensatory damages?
• A.
They essentially cover foreseeable indirect losses.
• B.
They are estimated by the two parties who enter into a contract, even before a breach occurs.
• C.
They may include the potential profits payable to a nonbreaching party, if the contract had not been breached.
• D.
They intend to put a nonbreaching party in a much more advantageous position than it was in before the contract was breached.

12.
Identify the type of remedy for contract breaches in which a nonbreaching party also recovers damages for foreseeable indirect losses.
• A.
Compensatory damages
• B.
Consequential damages
• C.
Restitution
• D.
Liquidated damages

Concept: Equitable remedies
Mastery : 100% Questions : • 13
• 14
• 15
Materials on the concept:
• Equitable Remedies
• Injunctive Relief
• Reformation
• Specific Performance
13.
Identify the type of equitable remedy in which a court orders a party to refrain from taking a particular action.
• A.
Injunctive relief
• B.
Restitution
• C.
Reformation
• D.
Consequential damages

14.
Adrian, who runs a café, has a contract with Mariam, who is a supplier. The contract states that Mariam will provide hundred cartons of cocoa powder to Adrian every week for a set price. However, after making the contract, Mariam realizes that there is an error in it. The price is much lower than had been agreed. Mariam decides to have the terms of contract changed. The court rules that the price term of the contract be revised. What type of remedy is illustrated in the scenario?
• A.
Restitution
• B.
Consequential damages
• C.
Injunctive relief
• D.
Reformation

15.
What is true about specific performance as an equitable remedy for contract breaches?
• A.
It requires the breaching party to pay extra damages for not performing the terms of the contract.
• B.
It is the most commonly adopted remedy for most cases involving the sale of goods.
• C.
It requires the breaching party to take action to ensure that the promised performance is delivered.
• D.
It requires the breaching party to also pay damages for indirect losses that the nonbreaching party incurred because of lack of performance.

Concept: Sole proprietorships and partnerships
Mastery : 100% Questions : • 16
• 17
• 18
Materials on the concept:
• Sole Proprietorships
• Choice of Business Entity, Sole Proprietorships, and Partnerships
• Partnerships
• Limited Partnerships
16.
What is true about the formation of a sole proprietorship?
• A.
It requires a very high fee during formation.
• B.
It is taxed as a separate entity.
• C.
It requires no annual filings.
• D.
It must operate exclusively at one location.

17.
Identify the true statement about general partnerships.
• A.
They are essentially created by filing a form with the government.
• B.
They are always formed by parties who have the intention to form a partnership.
• C.
They require the partners to assume liability for the debts of the partnership.
• D.
They require ownership rights to be sold through public markets.

18.
Anita and Sameera own a salon together. Anita manages the business and takes management decisions herself. On the other hand, Sameera has only invested capital in the business. According to the agreement, Anita assumes responsibility for all the debts and liabilities of the salon, but Sameera is liable only for the amount that she contributed to the business. What type of business form is illustrated in the scenario, assuming necessary documents are filed with the appropriate jurisdiction?
• A.
A limited liability partnership
• B.
A general partnership
• C.
A sole proprietorship
• D.
A corporation

Concept: Limited liability companies and limited liability partnerships
Mastery : 67% Questions : • 19
• 20
• 21
Materials on the concept:
• Overview of LLCs and LLPs
• Limited Liability Companies (LLCs)
• Limited Liability Partnerships (LLPs)
19.
Which statement is true in the context of limited liability companies (LLCs)?
• A.
The principals of LLCs do not receive any liability protection.
• B.
The principals of LLCs can opt for pass-through tax treatment.
• C.
The principals of LLCs are required to file extensive articles during the formation stage.
• D.
The principals of LLCs are not subject to any fiduciary duties of loyalty.

20.
What is a characteristic of a manager-managed limited liability company (LLC)?
• A.
All the members participate in business operations.
• B.
A person who is not an invested member is selected to manage the business.
• C.
Only an appointed member can look after business operations.
• D.
All the members have the authority to act on the LLC’s behalf.

21.
Which of the following business firms is most likely to be a limited liability partnership (LLP)?
• A.
Aries Pharmaceuticals can only be taxed as a separate legal entity.
• B.
Red Communications has two owners who assume complete responsibility for all the debts and obligations of the company.
• C.
Image Agency is owned and managed by only one individual.
• D.
Libra Electronics was formed when its owners filed a statement of qualification with the appropriate public official.

Concept: Corporations
Mastery : 100% Questions : • 22
• 23
• 24
Materials on the concept:
• Corporations
• Corporations
• Categories of Corporations
• Privately Held versus Publicly Held
• Other Categories
22.
Which of the following statements is true about corporations?
• A.
Their formation is governed only by federal statutes.
• B.
Their obligations are separate from the personal obligations of their principals.
• C.
Their structure, functioning, and ownership issues are not governed by any law.
• D.
They cannot be sued and are not authorized to file suits.

23.
What is one of the characteristics of a typical privately held corporation?
• A.
No limit in terms of revenue
• B.
Lack of flexibility in internal management
• C.
Large numbers of shareholders
• D.
Several shareholders that are financial institutions

24.
Identify the true statement about corporations.
• A.
Public corporations do not have any owners.
• B.
Publicly held corporations are not subject to regulation or scrutiny by federal or state agencies.
• C.
Professional corporations frequently sell ownership interests to the general public.
• D.
Alien corporations are formed in the United States by principals from other countries.

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