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Question
A corporation by estoppel is based on fairness rather than strict legal rules.Answer
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Related questions
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Under the Endangered Species Act, what federal agency is responsible for preparing a list of species that are in danger of becoming extinct?
a. Department of Commerce.
b. Department of the Interior.
c. Department of Labor.
d. Both a and b are correct.
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Under the Clean Air Act:
a. California was granted special permission to set stricter pollution standards than the federal standards.
b. all states must follow federal automobile emission standards.
c. the states must each set automobile emission standards, which must then be approved by the EPA.
d. the EPA was directed to reduce automobile pollution levels by 50 percent within six years.
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What administrative agency regulates pesticides, insecticides, fungicides and rodenticides?
a. The Food and Drug Administration.
b. The Occupational Safety and Health Administration.
c. The EPA.
d. All the above.
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Federal law regulates:
a. point source and non-point source pollution.
b. neither point source nor non-point source pollution.
c. point source but not non-point source pollution.
d. None of the above is correct.
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The Environmental Protection Agency (EPA) was created by Congress to:
a. consolidate environmental regulations under one agency.
b. protect corporate investors.
c. prevent conflicts between the Departments of Commerce and Interior.
d. eliminate discrimination.
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We Care, a nonprofit environmental organization, believes that Quanaco is violating the Clean Air Act. The EPA has not taken any action against Quanaco. We Care can file a citizens' suit against the EPA.
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In 2005, the EPA set standards for soot emissions from buses and power plants that were recommended by its own Scientific Advisory Committee.
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Cincy, Inc. is building a $20 million dollar addition onto its distribution facility. To build the facility, Cincy must fill in two acres of wetlands. Under the Clean Water Act, Cincy must obtain a permit before filling in the wetlands.
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The cost-benefit trade-off is particularly complex in environmental issues because those who pay the cost often do not receive the benefit.
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Richard received his credit card bill and noticed an error. He wrote to the company the next week, pointing out the error in his bill. Under the law, what is the credit card's obligation once it receives Richard's letter?
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John purchased $600 worth of clothes from Clothing Mart. He paid for the clothes with a credit card. When he received his statement, he sent the credit card company a check for $600. The credit card company mistakenly recorded his payment as $60. When John received his next statement, he noticed the $540 error and contacted the credit card company.
A few days later when he attempted to use his card to buy gasoline, he was told by the cashier that the card had been canceled and she was instructed to take his card. John was shocked, embarrassed, and angry. When he contacted the credit card company, it pointed out a provision in his initial contract for the card that stated the company could revoke his card privileges at any time with or without cause.
Such a provision within the credit card contract is:
a. unconscionable.
b. an illegal contract of adhesion.
c. not binding, as a person cannot waive the statutory rights granted to him by federal credit card legislation.
d. valid unless state legislation prohibits such clauses.
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MoneyMaker Toy Company violated the safety standards set forth by the Consumer Product Safety Commission when it produced a toy gun that caused injury to hundreds of children. Because of MoneyMaker's actions:
a. the CPSC can impose civil penalties on the company.
b. the CPSC can impose criminal penalties on the company.
c. users can sue for damages, including attorney's fees, if MoneyMaker knew it was violating a consumer product safety rule when it produced the guns.
d. All of the answers are correct.
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Don received in the mail merchandise he never ordered. The package was addressed to him, and when he opened it he saw a brochure stating he could keep the products for only $19.95. If he chose not to keep the products he was instructed to mail them back within five days. Don:
a. can keep and use the merchandise without having to pay for it.
b. can keep the merchandise only if he pays the $19.95.
c. must send the merchandise back within five days if he does not want it.
d. None of the above is correct.
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Grady receives a $2,940 credit card bill in the mail from a company with which he doesn"t have an account. He fears he is a victim of identity theft. Does he have any recourse?
a. Yes, under the Fair and Accurate Credit Transactions Act (FACTA), Grady can place an alert in his credit files using the National Fraud Alert System.
b. Yes, under the Fair Credit Billing Act he may call the credit card company to complain about the bill, and the credit card company must investigate and correct any errors.
c. Yes, under the Truth in Lending Act, Grady is liable only for the first $50 in unauthorized charges.
d. No, he should have been more careful with his personal information so no one could have applied for credit in his name.
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Mabel is a single, 40-year-old who has borrowed money on numerous occasions. Her payment record has been good, except she has been delinquent in paying a few bills. Which of the following is true regarding credit information gathered on Mabel?
a. As Mabel has been delinquent, she waives her right to see the credit files.
b. If Mabel is rejected for a loan because of the consumer report, the lender must tell her the source of the report.
c. Mabel has a right to have the information regarding her delinquency in paying a few loans stricken from her credit record because her record has generally been good.
d. Mabel's only legal remedy, if there is erroneous information in her credit file, is to report the problem to the FTC for enforcement.
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The Magnuson-Moss Warranty Act only covers face-to-face sales, not catalog or Internet sales.
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In 25-year mortgages, the finance charge will almost always exceed the amount of the principal.
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Consumer reporting agencies are unregulated governmental agencies.
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Company policy of PushOne, Inc. is for its representatives to block the company name and telephone number on potential customers' Caller ID systems so they won"t know the call is from a telemarketer. This policy violates FTC rules.
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Cooperative strategies include all EXCEPT:
a. horizontal agreements.
b. vertical agreements.
c. mergers.
d. spin-offs.
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Two universities located within 30 miles of each other agree to divide their market so as to help them both. The two schools draw a line down a map and each university agrees to accept students only on their side of the line.
This agreement violates the:
a. Sherman Act.
b. Clayton Act.
c. Robinson-Patman Act.
d. None of the above.
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A major motion picture distributor offers to provide a television station with three very popular, desirable films. However, as part of the agreement, the distributor requires that the television station also purchase four films that are not very desirable. This type of arrangement is called a:
a. reciprocal dealing agreement.
b. reverter arrangement.
c. joint custody arrangement.
d. tying arrangement.
Q:
When the per se standard applies, the plaintiff:
a. needs only to prove the existence of the conduct.
b. must prove that the activity was an unreasonable restraint of trade.
c. must show that there was an anti-competitive impact.
d. None of the above.
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Gorhan Construction, Brighton Bros., and Tirenn Construction agreed that on three upcoming projects, Gorhan would bid lowest on one, Brighton would submit the lowest bid on the second project, and Tirenn would submit the lowest bid on the third project. In this way, they would each be assured of work for the upcoming season. This behavior:
a. is legal and acceptable practice in the construction industry to spread work more evenly.
b. is a per se violation of the Sherman Act.
c. is a rule of reason violation of the Sherman Act.
d. violates ethical, but not legal, standards.
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It is illegal for shareholders to transfer their stock to a trust and give the trustee the power to vote the shares.
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Incorporators are required to sign the charter, deliver it to the proper state officials, and purchase a certain percentage of the initial stock offering.
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Sara decided to incorporate her business under the name Gomo, Inc. Before Gomo was incorporated, Sara signed a contract in the name of Gomo, Inc. to lease a store front. Sara did not tell the other party that Gomo was not yet formed. Sara is personally liable on the lease.
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Village Bank believed that Spencer and Nadia were partners in an e-business. Spencer and Nadia were not partners. Spencer owned the business as a sole proprietor. Nadia, however, was a close friend of Spencer. When Spencer visited Village Bank in an effort to obtain a $10,000 loan, Nadia went with him. During the conversation with the banker, Spencer referred to Nadia as "my partner." Village Bank made the business loan believing that Spencer and Nadia were partners. Spencer defaulted on the loan. Village Bank claims that both Spencer and Nadia are liable on the loan. Will Nadia be liable on the loan?
Q:
The requirements for a patent include all EXCEPT:
a. the invention must be novel.
b. the invention must be nonobvious.
c. the invention must be commercially valuable.
d. the invention must be useful.
Q:
A patent is available for an idea as well as a tangible application.