Reference no: EM132204736
True/Flase
1. Washington's Consumer Protection Act can be used to enforce its Residential Landlord-Tenant Act provisions.
2. In order for a court to confirm that two “partners” have truly formed a partnership through their written agreement to acquire real estate, the partners must prove that they are actively carrying on a business; mere passive ownership of property is not enough to establish the existence of a legal partnership.
3. An agent with express authority from a principal to sell real property at a non-judicial foreclosure sale for a stated minimum amount will still bind the principal to a sale of that real property for a lower amount, if the agent mistakenly opened the bids for sale of the property at that lower amount, and the buyer could have reasonably relied upon the agent’s apparent authority to sell the property for the lower amount.
4. If the seller delivers nonconforming goods, like Christmas trees with brown needles, which the buyer rejects, the seller owns the goods after rejection, but the buyer must hold the goods with reasonable care at the seller's disposition, for a time sufficient to permit the seller to remove them.
5. Piercing the corporate veil is an equitable remedy imposed to rectify an abuse of the corporate privilege, where the court looks past the corporation, to those with ownership rights, to impose liability.
6. Washington has been granted permission by OSHA to administer its own worker/workplace health and safety plans, and does so through WISHA, the Washington Industrial Safety and Health Act.
7. In Washington, damages for wrongful termination in violation of public policy do not include damages for emotional distress.
8. Requirements contracts (for the sale of goods) are not ever enforceable, because they are illusory contracts. Hint: check UCC notes
9. The main difference between an LP (a limited partnership) and an LLLP (a limited liability limited partnership) is that in an LLLP, the general partner(s) can be shielded from liability, often to the same extent as the limited partners.
Multiple Choice
10. A buyer’s remedies for a seller’s breach of a contract for the sale of goods might include, but are not limited to,
A. Compensatory damages for non-delivery or repudiation of the goods.
B. The buyer's procurement of substitute goods.
C. The buyer's incidental and consequential damages.
D. Any of the above remedies, if applicable to the contract breach.
11. In order for an employer to have a defense to an employee’s claim against the employer that the employee’s supervisors created a hostile work environment based upon gender discrimination,
A. the employee must have had no tangible employment action taken against him or her.
B. the employer must have taken reasonable steps to avoid discrimination, and to have taken reasonable steps to investigate and discipline any supervisors alleged to have discriminated against other employees.
C. the employee must have failed to follow the notification procedures to the employer for any alleged claims, or had a reasonable excuse for not doing so.
D. all of the above must be true.
12. The Ninth Circuit Court of Appeals has determined that if an employee is given authorized access to confidential computer data by the employee’s employer, and the employee later shares that confidential data with a former employee in a way that violates the employer’s computer use policies, the former employee
A. has exceeded his authorization for purposes of prosecution under the Consumer Fraud and Abuse Act (CFAA).
B. can be federally criminally prosecuted under the CFAA’s prohibition of obtaining information from a protected computer “without authorization.”
C. cannot be federally criminally prosecuted under the CFAA’s prohibition of obtaining information from a protected computer by “exceeding authorized access.”
D. two of the above statements are correct.
13. Under Connie's specific duty of “loyalty” to Christie, when Connie is Christie's agent,
A. Connie must perform all the lawful tasks Christie assigns her.
B. Connie must act to serve Christie's interests, and place Christie's interests before her own, so that there is no conflict of interest.
C. Connie must notify Christie of any activities involving the agency relationship.
D. none of the above.