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Q:
A principal whose identity is not known by a third party with whom an agent contracts on the principal's behalf is an apparent principal.
Q:
The ________ is the federal administrative agency responsible for enforcing most federal antidiscrimination laws.
Q:
Apparent authority arises from what the principal makes clear to the agent.
Q:
The members of the EEOC are appointed by the U.S. president.
Q:
Apparent authority usually comes into existence through a principal's pattern of conduct over time.
Q:
If an employer refuses to promote all persons of the Asian race, the company has engaged in disparate-impact discrimination.
Q:
An agent's authority to act on behalf of a principal must be actual and apparent.
Q:
Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
Q:
An agent has the implied authority to do what is reasonably necessary to carry out express auÂthorÂity.
Q:
Disparate-treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.
Q:
An agent's implied authority can be inferred by the position the agent occupies.
Q:
U.S. citizens employed by U.S. companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.
Q:
In general, for every duty of the principal, the agent has a corresponding right.
Q:
Native American tribes and tax-exempt private clubs are expressly excluded from Title VII of the Civil Rights Act of 1964.
Q:
An agent has the right to perform agency duties without interference by the principal.
Q:
Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.
Q:
Title VII of the Civil Rights Act of 1964 was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.
Q:
Remedies of the agent for breach of duty by the principal follow normal contract and tort remedies.
Q:
A plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation.
Q:
An agent has a duty to follow all clearly stated instructions of the principal, lawful or not.
Q:
An agent's actions must be strictly for the benefit of the principal.
Q:
Title VII of the Civil Rights Act of 1964 does not apply to labor unions.
Q:
An agent is required to notify the principal of all matters concerning the subject matter of the agency.
Q:
A complainant cannot file his or her claim of discrimination with the Fair Employment Practices Agency (FEPA) instead of the EEOC.
Q:
All agency relationships are based on contract.
Q:
The EEOC will issue a right to sue letter to the complainant even if it does not find a violation upon investigation of the charge.
Q:
When an agent fails to perform his or her duties, liability for breach of contract may result.
Q:
The EEOC and a complainant can jointly sue an employer who discriminated against the complainant.
Q:
If a person believes that he or she has been discriminated against in the workplace, he or she cannot immediately file a lawsuit against the employer.
Q:
A principal owes his or her agent a duty to act in good faith.
Q:
The jurisdiction of the EEOC is restricted to investigating charges of discrimination based on gender.
Q:
Acts of a purported agent in and of themselves can create an agency by estoppel.
Q:
The Equal Employment Opportunity Commission (EEOC) is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws.
Q:
An agreement to form an agency relationship can be oral.
Q:
Which of the following is an instance of disparate-treatment discrimination?
A) An employer does not promote Kelly, as she is only 24 years old and the employer believes she is too young to successfully perform the job.
B) Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C) An employer refuses to install a wooden ramp to accommodate Lin, who is restricted to a wheelchair.
D) A factory hires 22-year-old Jerry over 46-year-old Barry, citing age as the reason.
Q:
Which of the following is true of employment discriminations defined under Title VII of the Civil Rights Act of 1964?
A) Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B) Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
C) Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D) Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.
Q:
A person must have contractual capacity to be a principal.
Q:
________ discrimination occurs when an employer discriminates against an entire protected class.
A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact
Q:
Independent contractors have no control over the details of their work performance.
Q:
A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company which hires a nonminority applicant for the position. The minority applicant can sue under ________.
A) Title I of the ADA
B) Title II of the GINA
C) Title VII of the Civil Rights Act
D) the Lilly Ledbetter Fair Pay Act
Q:
An independent contractor may not act in the capacity of an agent.
Q:
Normally, all employees who deal with third parties are deemed to be agents.
Q:
To claim under disparate-treatment discrimination, the complainant must prove that ________.
A) he or she is physically challenged
B) he or she was rejected due to over-qualification
C) he or she belongs to a Title VII protected class
D) he or she is covered by Title I of the ADA
Q:
Musical, Inc., sells fifty MP3 players to Noise Stores, Inc. To avoid liability for most implied warranties, in some states Musical could simply state in writing that the players are solda. as is.b. by a merchant.c. in perfect condition.d. with no known defects.
Q:
________ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.
A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact
Q:
Electric Autos, Inc., sells cars to consumers. To avoid liability for oral exÂpress warranties, each sales agreement should note that a car is sold
a. as is.
b. in perfect condition.
c. subject to warranties included in the written contract only.
d. with no known defects.
Q:
Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?
A) It applies to all employers irrespective of the number of employees.
B) It does not apply to labor unions.
C) It does not cover state and local governments.
D) It does not apply to Native American tribes.
Q:
________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.
A) The Lilly Ledbetter Fair Pay Act
B) The Fair Employment Practices Act
C) Title II of the GINA
D) Title VII of the Civil Rights Act of 1964
Q:
Sweet Candy, Inc., and Tasty Treats Stores enter into a contract for a sale of candy. Sweet, a merchant who deals in goods of the kind sold, makes express warranties in connection with the sale. Under the UCC, at the time a contract is formed, an express warranty can be disclaimed or modified
a. by clear, conspicuous language called to the buyer's attention.
b. by implied affirmations of fact relating to the goods.
c. in any way that the seller sees fit for the ordinary purpose.
d. in no way.
Q:
A female is hired by an employer as an employee. During a 36-month period, the employer engages in pay act violations and underpays the female employee each pay period. According to the Lilly Ledbetter Fair Pay Act of 2009, how long does the female employee have to file her claim?
A) within three years from her initial date of hire
B) within 90 days from the initial paycheck violation
C) within 180 days from the last paycheck violation
D) within one year from the last paycheck violation
Q:
Imported Carpets Store and Jill enter into a contract for a sale of an Oriental rug. Imported Carpets, a merchant who deals in goods of the kind sold, generally describes the goods, details technical specifications, and shows a sample. Under the UCC, if these are inconsistent
a. the general description displaces the sample.
b. the general description displaces the technical specifications.
c. the sample takes precedence over the general description.
d. the sample takes precedence over the technical specifications.
Q:
The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.
A) Civil Rights Act of 1968
B) Title II of GINA
C) Civil Rights Act of 1964
D) Lilly Ledbetter Fair Pay Act
Q:
Mountain Bikes, Inc. (MBI), and Nero enter into a contract for a sale of a mountain bike. MBI, a merchant who deals in goods of the kind sold, makes implied and express warranties in connection with the sale. The Magnuson-Moss Warranty Act attempts to prevent deception in warranties by
a. displacing the UCC as the primary source of warranty rules.
b. making warranties easier to understand.
c. prohibiting disclaimers of warranties.
d. requiring sellers to give written warranties for consumer goods.
Q:
Which of the following is true of the right to sue letter issued by the EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.
Q:
Neil goes to Oil Shop to change the oil in his car. Perry, the service techÂniÂcian, learns that Neil plans to take a trip and advises the use of a certain type of oil. The oil breaks down during the trip, damaging the car. Neil may recover from Oil Shop for breach of
a. an express warranty.
b. an implied warranty of fitness for a particular purpose.
c. an implied warranty of merchantability.
d. a warranty of title.
Q:
If the EEOC chooses not to bring suit, it issues a(n) ________ to the complainant.
A) affirmative defense
B) right to sue letter
C) filing date
D) document of claim
Q:
Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
a. fit for the buyer's particular purpose.
b. fit for the ordinary purpose for which such goods are used.
c. suitable for resale at an acceptable price.
d. the best quality that money can buy.
Q:
A complainant may file his or her employment discrimination claim with the ________ instead of the EEOC.
A) ADA
B) ADEA
C) FEPA
D) BFOQ
Q:
Sari buys a new sport utility vehicle (SUV) from Terrific Cars & Trucks, Inc. The most important factor in determining whether an exÂpress warÂranty is created is whether
a. Sari expresses to Terrific what she wants warranted.
b. Sari's desire for the SUV becomes part of her motivation to deal.
c. Terrific expresses to Sari what it expects of its customers.
d. Terrific promise becomes part of the basis of the bargain.
Q:
Which of the following is true of the EEOC?
A) It can seek injunctive relief.
B) Its members are elected from state legislatures.
C) Its jurisdiction is limited to charges of racial discrimination.
D) A person should file a complaint with EEOC after filing a discriminatory lawsuit against the employer.
Q:
Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipÂment will match the samples. This statement is
a. an express warranty.
b. an implied warranty.
c. a warranty of title.
d. puffery.
Q:
The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.
A) EEOC
B) FEPA
C) ADEA
D) BFOQ
Q:
Olga, a salesperson for Pre-owned Cars & Trucks, Inc., tells Quincy, "This is the best car I"ve ever seen." This statement is
a. an express warranty.
b. an implied warranty.
c. a warranty of title.
d. puffery.
Q:
Sometimes, principals request that agents run errands or conduct other acts on their behalf while the agent or employee is on personal business. This is an instance of ________ for the agent.
Q:
Owen and Pablo enter into a contract for a sale of fifty Western saddles. Pablo pays, but Owen does not deliver. Pablo can normally recover as damages the difference between
a. any loss avoided and any profit gained.
b. the actual price and the hoped-for price.
c. the contract price and the market price.
d. the current prices in the parties' locations.
Q:
A(n) ________ is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal's.
Q:
Bayou Boats, Inc., and Eventide Fishing Tours enter into a contract for a sale of seven swamp boats. Eventide pays for the goods, but Bayou does not deliver. Eventide can use replevin as a remedy if
a. Bayou is lawfully withholding the goods.
b. Eventide cannot effectively cure the defect.
c. Eventide is unable to cover for the goods.
d. the goods have not been identified to the contract.
Q:
Gem's principal asked her to pick up his dry cleaning on her way to work. While driving to work after picking up the dry-cleaning, Gem struck an old man crossing the street due to her negligence. Under the theory of ________, Gem's principal is liable to the injured man.
Q:
Phil and Kelsey enter into a contract for a sale of Harmonica, a dog. Phil pays the price, but Kelsey does not deliver. Phil can use specific performance as a remedy if
a. Kelsey is lawfully withholding delivery of Harmonica.
b. Phil cannot effectively cure the defect.
c. Harmonica is unique.
d. Harmonica has not been identified to the contract.
Q:
________ is a rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer's authority.
Q:
Cheesy Pizza Company contracts to sell 1,000 cases of frozen pizzas to Roller Rinks, Inc., but refuses to deliver. Due to a spice shortage, Roller Rinks cannot obtain pizza elsewhere. Roller Rinks's right to recover the goods from Cheesy is the right of
a. cover.
b. cure.
c. replevin.
d. specific performance.
Q:
An independent contractor cannot represent more than one principal at a time.
Q:
Hi-Tech Company contracts to sell fiber optic cable to Internet Services, Inc. Hi-Tech may bring an action to recover the purchase price and inciÂdental damages if Internet
a. accepts the cable and pays for it.
b. accepts the cable but does not pay for it.
c. rejects the cable.
d. revokes acceptance of the cable.
Q:
Principals do not control the means by which independent contractors achieve results.
Q:
Double D Ranch and Esau enter into a contract on August 1 for the sale of 200 cattle. Esau cancels the conÂtract ten days later. Double D is unable to sell the cattle to another buyer. Double D is entiÂtled to
a. force Esau to accept the cattle and recover the contract price.
b. keep the cattle and recover the contract price from Esau.
c. keep the cattle only.
d. recover the contract price from Esau but must destroy the cattle.
Q:
The principal is liable for all torts of independent contractors.
Q:
A principal who authorizes an agent to enter into a contract with a third party is liable on the contract.
Q:
Ramblin" Country Stables contracts to buy 1,000 horseshoes from Blacksmith, Inc., for $1 per shoe. When the market price decreases to 50 cents per shoe, Ramblin" refuses to go through with the deal. Blacksmith can recover
a. $1,500.
b. $1,000.
c. $500.
d. $0.
Q:
Melody Instrument Company and Gazebo Band enter into a contract for a sale of clarinets and other wind instruments. Melody delivers, but Gazebo does not pay. Melody can normally recover as damages the difference between
a. any loss avoided and any profit gained.
b. the actual price and the hoped-for price.
c. the contract price and the market price.
d. the current prices in the parties' locations.
Q:
In an undisclosed agency, the principal is solely liable on the contract with the third party.