Javier gives written authorization to Tamara to sell his
1.Javier gives written authorization to Tamara to sell his house.Javier dies on the October 4. On October 8, Tamara enters into a written contract on behalf of Javier to sell the house to Trudy for $100,000. Before Tamara entered into the contract,she showed the written authorization to Trudy. Javier’s estate is
A. liable if the price is fair
B. not liabe
C.obligated to sell for $100,000 because Tamara had express authority
D. liable if Tamara knew Javier was decreased at the time of the contract
2.Ted is a janitor at Big Deal,Inc. One night,Ted is cleaning the boss’s office and sits in the boss’s chair. At that moment,a salesman walks in,thinks Ted is a manager, and offers to sell Big Deal Inc., 700widgets for $100 each. Ted thinks this sounds like a good deal,assumes the boss will be pleased,and signs the contract as an agent for Big Deal,Inc. The boss discovers this deal the next day and is angry because widgets cost $27 each. If Big Deal is obligated under the agreement, it’s based on——authority
A.actual
B.implied
C.express
D.apparent
3.Carl,a liitle person with dwarfism,applies for a job. He is told he won’t be hired because he is a little person. Carl sues,claiming discrimination under the Civil Rights Act. Which of the following statements is true?
A. Unless Carl can show that height requirement has a disparate impact on short people,he has no claim
B.Unless the employer can show that begin of a certain height is a bona fide job qualification,Carl has a good claim
C. Carl has a good claim
D.Carl has no claim
4.Eric has gradually been losing his eyesight,which has adversely affected his work. When the boss fires Eric,she tells him that she’s letting him go because he can’t see anymore. Eric’s discharge is
A.not wrongful because it didn’t involve a hiring decision
B. not wrongful if he can’t perform the job without reasonable accommodations by the employer
C. wrongful if the employer can make a reasonable accommodation for his disability
D. wrongful because once hired,employees can’t be discharged due to disability
5.Sal hires Antoinette to sell his house and gives her power of attorney that authorizes her to do,but the power of attorney says nothing about price. Sal tells Antoinette to take nothing less than$200,000. Harry offers Antoinette $195,000 for the house,and Antoinette accepts. If Sal is bound by the sale contract,the most likely reason——authority
A. express
B. implied
C.apparent
D.actual
6.Norma has worked for Big Factory for 15years,has never missed a day of work,and has always been an excellent worker. One day,without warning,Norma’s supervisor firs her without any explanation. Norma knows of no reason for the termination.Which of the following statements is true?
A.Norma may file a bad faith action against her supervisor
B.Norma can’t do anything as long as the reasons were nondiscriminatory
C.Norma may file a bad faith action against Big Factory
D. Norma can’t do anything unless she lives in an employment-at-will jurisdiction
7.Lee hire Zeke to sell her house. She tells Zeke to ask for $200,000, but says she will take $175,000. Zeke’s friend Victor asks Zeke about the house, and Zeke tells him that Lee will take $175,000. Victor offers $175,000, and Zeke accepts. Zeke violated his duty of
A. account
B. loyalty
C.obedience
D. due diligence
8. Billy works as a freelance writer for Big Books.Billy works in his own home and has contract with Big Books only to receive and return writing projects. Billy is a/an———-for Big Books
A.employee
B.independent contractor
C.fiduciary
D.agent
9. Bob’s company was found in violation of ERISA. The violation likely relates to
A. failure to pay overtime
B.workplace safety
C.Bob’s pension plan
D.workers’compensation
10. Tony tries to start a union at Big Tech,Inc. His employer learns of his attempt to organize a union and fires him.Big Tech’s actions
A. are permitted if they first give Bob notice forbidding the union
B.are permitted
C.are permitted if the state has adopted right-to-work legislation
D.constitute an unfair labor practice