Multiple Choice Choose the single choice among the 4 choices that best completes
ID: 2532222 • Letter: M
Question
Multiple Choice
Choose the single choice among the 4 choices that best completes the statement or answers the question.
1. Employers may avoid having to make accommodations for disabled employees
a.by having all employees sign a waiver of accommodation.
b.by proving that having to provide accommodation will cause the employer “undue hardship.”
c.by refusing to hire disabled employees.
d.by the employer having his/her/its business declared to be an “exempt entity.”
2.A buyer or lessee of goods
a.cannot demand specific performance as a breach of contract remedy.
b.can demand specific performance as a breach of contract remedy if the goods are unique.
c.cannot demand specific performance as a breach of contract remedy unless that remedy is stated to be available in a written contract between the parties.
d.cannot demand specific performance as a breach of contract remedy unless the contract is for the combined purchase/lease of goods and real property.
3.A buyer’s right to inspect goods
a.must be promptly exercised.
b.is absolute (except for C.O.D. shipments).
c.applies only to goods purchased for cash and not on credit.
d.must be exercised by the buyer and not the buyer’s agent.
4. In a disparate impact employment discrimination case
a.a plaintiff must initially prove discrimination based on employment statistics.
b.a plaintiff must initially prove prior acts of discrimination by the employer.
c.the initial burden of proof is on the employer to show no discrimination.
d.a plaintiff must initially show a prima facie case of discrimination.
5.Under the principle of respondeat superior
a. a principal is vicariously liable for any harm caused to a third party by the principal’s agent acting within the scope of the agent’s employment.
b.an agent is answerable to his/her principal for the agent’s conduct.
c.an agent is held to a high standard of loyalty owed to his/her principal.
d.an agent is entitled to compensation from his/her principal unless the agency is expressly stated in writing to be gratuitous.
Explanation / Answer
1. b.) By proving that having to provide accomodation will cause the employer "undue hardship".
2. b.) Can demand specific performance as a breach of contract remedy if the goods are unique.
3. b.) Is absolute (except the C.O.D. shipments).
4. d.) a plaintiff must initially show a prima facie case of discrimination.
5. a.) a principal is vicariously liable for any harm caused to a third party by the principal's agent acting within the scope of the agent's employment.
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