1. An agreement consists of the following except: a. Meeting of the minds b. Acc
ID: 451951 • Letter: 1
Question
1. An agreement consists of the following except:
a. Meeting of the minds
b. Acceptance
c. Offer
d. Subjective analysis of the offer and acceptance
2. Consideration is a key element of a contract. If consideration is lacking a contract may still be enforced on the doctrine of:
a. Promissory Estoppel
b. Respondeat Superior
c. Ostensible Agency
d Fairness
3. TEB is a local grocery store that recently placed an ad to hire cashiers. The HR Director commented to a colleague that internal discussions have concluded that they will only hire Hispanics for this position. Such practice would be an example of:
a. Illegal hiring practice based on race
b. Acceptable hiring practice
c. Disparate treatment discrimination
d. Both A and C
4. The Civil Rights Act of 1964 was passed to eliminate discrimination in the workplace. It prohibits the following types of discrimination except:
a. Discrimination based on race
b. Discrimination based on sexual orientation
c. Discrimination based on religion
d. Discrimination based on national origin
5. John is disabled. He was recently diagnosed with a sleeping disorder that is untreatable. John can only stay awake for no more than two hours at a time and he must take a 20 minute nap. He has applied for a job as a driver with UPS. They have refused to hire John because of his disability. If John files a lawsuit the following outcome is likely:
a. Win because the ADA prohibits this kind of discrimination
b. Win because this type of discrimination violates the Civil Rights Act of 1964
c. Lose because the ADEA does not prohibit this kind of discrimination.
d. Lose because he is not qualified to do the job.
6. In a sexual harassment lawsuit, the following may be admitted as evidence by the defendant to establish the behavior was not welcome:
a. Words of plaintiff
b. Words of defendant
c. Dress of plaintiff
d. All of the above
7. The Statute of Frauds is intended to prevent fraud in contracts. The following types of contracts must be in writing to be enforced except:
a. An oral contract for an item that cost 200 dollars
b. Contract for the sale of a house
c. Contract involving co-signing on a loan
d. Prenuptial agreements
8. Sally is a nurse working in the emergency room at St Luke’s hospital. She negligently administered the wrong dose of medication to a patient and he died. St Luke’s may be liable under the doctrine of:
a. Intentional tort
b. Mistake
c. Respondeat Superior
d. All of the above
9. The Civil Rights Act of 1964 was signed into law by which U.S. President?
a. President Clinton
b. President Kennedy
c. President Obama
d. President Johnson
10. Religious discrimination is protected under the Civil Rights of 1964. The law basically requires employers to:
a. Make reasonable accommodations to all religions
b. Make accommodations provided they do not cause an undue hardship
c. Does not require employers to take any action
d. All of the above.
11. In order to sue for specific performance in a breach of contract the following must be established:
a. The subject matter is unique
b. Money is not an appropriate remedy
c. The breaching party did not know about the mistake
d. Both A and B
12. ABC Company has signed a contract with MGM to build a Vegas style casino in Houston. After starting the building and completing about 10% of construction, ABC Company backed out of the deal. MGM has sued in federal district court for breach of contract. The court most likely will decide:
a. In favor of MGM because of the breach
b. In favor of ABC because the contract was illegal
c. In favor of MGM based on promissory estoppel
d. None of the above
13. The following are breach of contract remedies except:
a. Compensatory
b. Consequential
c. Injunction
d. Indeminfication
14. Independent contractors are responsible for their own torts and contracts. Pragmatically speaking that means if you hire an independent contractor you:
a. Must withhold payroll taxes
b. Do not control the details of their work
c. Are not liable for their torts
d. All of the above
15. In order to rescind a contract based on unilateral mistake you must establish that:
a. It was a mistake of fact and not value
b. The mistake was mutual
c. The none mistaken party knew or should have known about the mistake
d. All of the above
Explanation / Answer
1. d. Subjective analysis of the offer and acceptance
2. a. Promissory Estoppel
3. d. Both A and C
4. b. Discrimination based on sexual orientation
5. c. Lose because the ADEA does not prohibit this kind of discrimination.
6.
d. All of the above
7. a. An oral contract for an item that cost 200 dollars
8. b. Mistake
9.
d. President Johnson
10. a. Make reasonable accommodations to all religions
11. d. Both A and B
12. a. In favor of MGM because of the breach
13. a. Compensatory
14. a. Must withhold payroll taxes
15. c. The none mistaken party knew or should have known about the mistake
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