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Question
New Furniture. Penny purchased $3,000 worth of furniture from Bob's furniture shop. Through an arrangement with Bob, Penny financed the purchase through a financing company called Let Us Help You. Twenty-nine days after the goods were delivered to her, Penny had a disagreement with Let Us Help You regarding the amount of interest she would be required to pay. She notified Bob on that day that she was rejecting the goods. Bob claimed that she did not properly reject the furniture and also that she acted in bad faith. Penny says that she properly rejected and denies that she acted in bad faith. She also says that, in any event, she cannot be charged with both wrongful rejection and also bad faith because of double jeopardy. Which of the following is true regarding the claim of Bob that Penny failed to act in good faith?
A. Bob is incorrect because under the UCC Penny had 30 days in which to reject the goods.
B. Bob is incorrect only if Penny can establish that Let Us Help You miscalculated the amount of interest she owed.
C. Bob is incorrect only if Penny can show that the goods were overpriced.
D. Bob is correct because Penny made no claim that the goods were nonconforming.
E. Bob is correct only if Bob can show that the goods were priced at reasonable market value.
Answer
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Related questions
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Which is not an intention tort against one's economic interest?
A. Disparagement
B. Intentional interference with a contract
C. Unfair competition
D. Fraudulent misrepresentation
E. Conversion
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Under which of the following situations does the tort of trespass to realty occur?
A. When a person causes an object to be placed on the land of another without the landowner's permission.
B. When a person stays on the land of another when the owner tells him to depart.
C. When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D. When a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E. None of these because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.
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Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
A. The Internet Communications Act of 2000.
B. The Interactive Computer Services Protection Act of 2004.
C. The Communications Decency Act of 1996.
D. The Internet Communications Protection Act of 1998.
E. The Blog Protection Act of 2001.
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Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?
A. Robby's conduct constitutes a battery.
B. Robby's conduct constitutes an assault.
C. Robby's conduct constitutes both a battery and an assault.
D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
E. Robby's conduct does not constitute an assault because contact has not yet happened.
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In which of the following is a category into which intentional torts are divided?
A. Torts against persons, property, and animals.
B. Torts against property, economic interests, and roadways.
C. Torts against persons, economic interests, and strict liability.
D. Torts against persons, property, and economic interests.
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Which of the following is true regarding the intent needed for an intentional tort?
A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical, not merely economic, injury to another.
C. The intent at issue is intent to harm that results in an injury, physical or economic, to another.
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Define the term "criminal fraud" and discuss the three elements generally involved in establishing criminal fraud.
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List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.
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A. felony
B. misdemeanor
C. petty
D. absolute
E. strict liability
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B. False entry
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The privileges and immunities clause give the federal government the authority to collect taxes.
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Federal laws include rules passed by federal administrative agencies.
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Congress has the power to enact legislation, but the president can veto a law that Congress passes.
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The U.S. Constitution allocates power of the federal government between the executive and judiciary branches.
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Which of the following are rules regarding the internal operations of an agency?
A. Procedural
B. Interpretive
C. Legislative
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Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?
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If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making that is required, a court will interpret the rule as requiring formal rule making.
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Set forth the steps involved in formal rule making.
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C. enforcement
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DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event, action by an agency is always upheld. Which of the following would have reached the decision at her hearing before the administrative agency?
A. An adjudicative law judge
B. An administrative law judge
C. A federal court judge
D. A superior court judge
E. A jury
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DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.