Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Business Law
Q:
Which of the following is true of the UCITA?
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It establishes the Statute of Frauds for all online content.
C) It aims at eliminating all domain names registered in bad faith.
D) It becomes law only when a state legislature enacts it as a statute.
Q:
A(n) ________ refers to a contract that transfers limited rights in intellectual property and informational rights.
A) contract
B) tender
C) license
D) domain name
Q:
What does the E-SIGN Act provide?
A) Contracts delivered electronically are denied effect.
B) Electronic records can be sent to consumers who make a purchase, without their specific consent to receiving the record.
C) An e-signature is treated equal to a pen-and-paper signature.
D) Only smart card verification creates a legally binding signature in cyberspace.
Q:
LetsConnect is a three-month-old Internet service provider in the U.S.A. In the last two months, it was discovered that several LetsConnect users exchanged online material that is illegal in the United States. The ISP took no measures to investigate the matter or prevent it. Which of the following is true of this case?
A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.
Q:
Which of the following is true of e-commerce?
A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) A web-contract is not binding, as opposed to an e-mail contract.
D) Services can be listed for sale on websites.
Q:
Barney wants to rent an apartment and posts an advertisement in a classifieds website. Two days later, Michael, who wants to rent out his apartment e-mails Barney and they finalize the deal over the internet. Barney pays Michael through an online transfer. This is an instance of ________.
A) e-licensing
B) e-commerce
C) cybersquatting
D) licensing agreement
Q:
The ________ recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.
A) Uniform Commercial Code
B) Uniform Computer Information Transactions Act
C) E-SIGN Act
D) Communications Decency Act
Q:
Which of the following best describes the World Wide Web?
A) a connection of millions of computers that support a standard set of rules for the exchange of information
B) a network of millions of smaller networks, each with an independent set of standards
C) a connection of millions of computers across the world with no specific standards or time constraints for exchange of data
D) a world-wide network of millions of smaller networks with a different standard of information exchange in each country
Q:
Which of the following is true of the World Wide Web?
A) Only businessesnot individualscan have their own websites.
B) Individuals need not register with a service provider to access the web.
C) A website can have several online addresses.
D) Web pages are stored on servers which are operated by Internet service providers.
Q:
A(n) ________ refers to a contract that is entered into by the parties by use of e-mail.
A) web contract
B) online contract
C) e-mail contract
D) ISP contract
Q:
Which of the following statements is true of e-mail contracts?
A) All e-mail contracts require consideration, capacity and lawful object.
B) E-mail contracts are exempted from the requirements of the Statute of Frauds.
C) E-mail contracts are enforceable even if they don't meet the requirements of a traditional contract.
D) Several e-mails cannot be integrated to determine the parties' agreement.
Q:
Which of the following is true of the CAN-SPAM Act?
A) It regards spam e-mail as a punishable offence.
B) It prohibits spammers from sending sexually-explicit e-mail.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.
Q:
What does the Communications Decency Act of 1996 provide?
A) Businesses can send spam e-mails, as long as they don't lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited e-mails.
D) The number of servers an ISP can access in a geographical location is limited.
Q:
Registering a domain name of another party's trademarked name or famous person's name is called cybersquatting.
Q:
The Anticybersquatting Consumer Protection Act is a federal statute that makes online impersonation of another person, misrepresentation of another person, business or organization using inappropriate words, imagery or other media illegal.
Q:
The ACPA is federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
Q:
The computers that constitute the World Wide Web use a standard set of rules known as ________ for the exchange of information.
A) POP
B) POP3
C) HTTP
D) IMAP
Q:
The .biz extension is used for large-business and corporate websites.
Q:
.bz is a restricted domain extension and can only be used by businesses or organizations in Brazil.
Q:
The ECPA provides that stored electronic communications may be accessed by the party or entity providing the electronic communication service.
Q:
A network extension is a unique name that identifies an individual's or company's website.
Q:
The .org domain name extension represents a resource website.
Q:
A license is a contract that transfers complete rights in intellectual property and informational rights.
Q:
Data and software do not constitute intellectual property or information rights.
Q:
A licensee is a party who is granted limited rights in intellectual property or informational rights owned by another person or company.
Q:
If Jim purchases an online license for a computer game, he is an e-licensor.
Q:
The UCITA makes it illegal to access another person's stored e-mail.
Q:
ISPs provide e-mail accounts to users, Internet access, and storage on the Internet.
Q:
The term ISP refers to users who disguise computer viruses as executable programs and send them across the Internet.
Q:
ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
Q:
The E-SIGN Act is a not a federal statute and state legislatures are required to adopt it in order for it to become state law.
Q:
The CAN-SPAM Act requires spammers to label sexually oriented e-mail as such.
Q:
Counteroffers are not effective against electronic agents.
Q:
The CAN-SPAM Act does not can spam but instead approves businesses to use spam as long as they do not lie.
Q:
The CAN-SPAM Act does not regulate spam sent to Americans from other countries.
Q:
Parties enter into an electronic mail contract by the use of e-mail.
Q:
E-mail contracts need not meet the Statute of Frauds requirements as long as they meet UCITA guidelines.
Q:
An obligee who transfers a right is known as a(n) ________.
Q:
A(n) ________ is a party who is unintentionally benefited by other people's contracts.
Q:
A(n) ________ is an unconditional promise to perform.
Q:
________ is an action to undo a contract.
Q:
The World Wide Web consists of computers that support a standard set of rules for the exchange of information called File Transfer Protocol.
Q:
The ________ is an equitable doctrine that allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice.
Q:
The ________ says that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable.
Q:
A(n) ________ refers to a promise in which one person agrees to answer for the debts or duties of another person.
Q:
________ of the UCC is the basic Statute of Frauds provision for sales contracts.
Q:
A(n) ________ is a clause in a contract which stipulates that it is a complete integration and the exclusive expression of the parties' agreement.
Q:
The term ________ refers to any oral or written words outside the four corners of a written contract.
Q:
Intentional misrepresentation is commonly referred to as ________.
Q:
________ refers to the knowledge that a representation is false.
Q:
________ refers to a situation in which a party threatens to do a wrongful act unless another party enters into a contract.
Q:
In a(n) ________ mistake, only one party is mistaken about a material fact regarding the subject matter of the contract.
Q:
A(n) ________ exists if both parties know the object of the contract but are mistaken as to its value.
Q:
How is a mistake different from an act of fraud?
Q:
Explain the creation and working of guaranty contracts.
Q:
Distinguish between conditions and covenants.
Q:
Distinguish between minor breach and material breach.
Q:
As a part of a downsizing initiative, Richmond and Sons fired an employee before his employment contract lapsed. Is the employee responsible to mitigate damages? Explain.
Q:
Which of the following is true of monetary damages?
A) Monetary damages are available only for material breaches of contract.
B) Dollar damages are not monetary damages.
C) Compensatory damages are not monetary damages.
D) Consequential damages are monetary damages.
Q:
Mary buys a new toaster for $500. The toaster's label bears a disclaimer stating that the manufacturer is not liable for consequential damages. On Monday morning, while Mary is using the toaster, it emits sparks and damages the electric wiring in the kitchen. The electrician tells Mary that the toaster malfunctioned and that the cost of repairs in her kitchen would come up to $2000. What can Mary recover from the manufacturer of the toaster?
A) $500
B) $2500
C) $2000
D) no damages can be recovered
Q:
An award of ________ orders the breaching party to perform the acts promised in a contract.
A) reformation
B) injunction
C) restitution
D) specific performance
Q:
________ refers to an equitable doctrine that permits the court to rewrite a contract to express the parties' true intentions.
A) Reformation
B) Injunction
C) Conjunction
D) Garnishment
Q:
Kinetosphere Automation Inc. (K.A.) makes a mandatory employment contract with all its employees. The contract states that K.A.'s employees are not to work for any other organization while they are employed by K.A. If K.A. finds an employee who is also serving another company, it can approach the court to obtain a(n) ________ to prevent the employee from working in the other company.
A) restitution
B) rescission
C) injunction
D) subjugation
Q:
Which of the following statements is true of a breach of contract?
A) Strict performance by a party discharges that party's duties under the contract.
B) Inferior performance constitutes a minor breach of contract.
C) Substantial performance constitutes a material breach.
D) The most common remedy for a breach of contract is an award of equitable remedies.
Q:
Which of the following terms refers to an unconditional and absolute offer by a contracting party to perform his or her obligations under a contract?
A) injunction
B) writ of garnishment
C) tender of performance
D) writ of attachment
Q:
Poole Contractors makes a contract with Delta Resources to pay $50,000 for the supply of 500 truckloads of sand within next week. Delta Resources delivers the sand in two days after the contract was made. Poole Contractors pays the $50,000 promised in the contract. This is an instance of ________.
A) substantial performance
B) material breach
C) minor breach
D) strict performance
Q:
A(n) ________ breach of a contract occurs when a party renders inferior performance of his or her contractual obligations.
A) material
B) minor
C) anticipatory
D) defensive
Q:
Lionel Richmond is a soccer player who has a six-year contract with the Christshire United soccer team. Two years into the contract, he meets with an accident which results in the complete amputation of his right leg. On what basis is Richmond discharged from further performance of the contract?
A) Novation
B) Substituted contract
C) Accord and satisfaction
D) Discharge by impossibility
Q:
________ is a clause in a contract in which the parties specify certain events that will excuse nonperformance.
A) Approval clause
B) Express condition
C) Force Majeure
D) Implied-in-fact condition
Q:
________ refers to a condition that requires the occurrence of an event before a party is obligated to perform a duty under a contract.
A) Condition precedent
B) Condition subsequent
C) Concurrent condition
D) Implied condition
Q:
KnockKnock is a manufacturer of stainless-steel locks which are well known for their durability. The company contacts a new supplier and forms a supply contract. The contract states that KnockKnock would only purchase steel from the supplier if the material supplied was high-grade Type 102 stainless steel. This is an instance of a ________.
A) condition subsequent
B) concurrent condition
C) covenant
D) condition precedent
Q:
________ refers to a condition whose occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing contractual duty to perform.
A) Condition precedent
B) Condition subsequent
C) Concurrent condition
D) Implied condition
Q:
James hires Franco for a painting job. Their contract explicitly states that Franco's employment can be terminated if he is employed by another party during the contract period. Two weeks into the job, James finds out that Franco is also working for a painting agency two blocks away and terminates his employment. This is an instance of ________.
A) Condition precedent
B) Condition subsequent
C) Concurrent condition
D) Implied condition
Q:
Which of the following is true of discharge of performance by agreement?
A) A partially executed contract cannot be rescinded.
B) Mutual rescission requires parties to enter into a second agreement that expressly terminates the first one.
C) A party is allowed to rescind a contract without the consent of the other party.
D) Unilateral rescission is not regarded as breach of contract.
Q:
Which of the following refers to an agreement that substitutes a new party for one of the original contracting parties and relieves the existing party of liability on the contract?
A) novation
B) substituted contract
C) mutual rescission
D) accord
Q:
Kimlon Informatics has to recover $5000 from a client for its services. The recovery period is 100 days but Kimlon needs the money immediately. It sells the right of collecting money from its client to Quikcollect, a collection agency. Here, Kimlon Informatics is the ________.
A) obligor
B) obligee
C) subassignee
D) assignee
Q:
________ refers to a third party who is not in privity of contract but who has rights under the contract and can enforce the contract against the promisor.
A) Third-party contractor
B) Assignee
C) Sub-assignee
D) Intended third-party beneficiary
Q:
Which of the following phrases explain the term covenant?
A) an unconditional promise to perform
B) a breach of contract
C) mutual rescission of a contract
D) successive assignments of a right
Q:
Which of the following is true of covenants and conditions?
A) A covenant is a conditional promise to perform.
B) A condition becomes a covenant if it is met.
C) A contract cannot contain conditions to excuse performance.
D) A party cannot sue over breach of a covenant by the other party.
Q:
Jonas enters into an oral contract with Chelsea to lease his house to her for $100,000. Chelsea pays him $100,000 and moves in. A month later, Jonas learns that his state requires contracts for the lease of goods with payments of $1,000 or more to be in writing. Which of the following options does either party have?
A) Jonas can evict Chelsea as the contract does not comply with the Statute of Frauds and is hence void.
B) The contract cannot be rescinded by either party as it has already been executed.
C) Chelsea can rescind the contract on the grounds of noncompliance with the Statute of Frauds.
D) Jonas can rescind the contract on the grounds of noncompliance with the Statute of Frauds.