Exam 4 Flashcards

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0
Q

Under the UCC a merchant is a person who

A

In the ordinary course of business deals in goods of the kind &&
By his/ her skill or occupation holds himself out as having special skill or knowledge about the foods in the transaction
D) a and b

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1
Q

In business law, the initials “UCC” stand for

A

Uniform Commercial Code

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2
Q

Buyer purchased equipment. As part of the contract, seller agreed to install for an additional fee. After buyer used equipment problems started. Some problems were due to bad installation. Acc to the predominant factor rule:

A

D) The UCC applies to the entire contract if more problems are with the equipment than with the installation service

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3
Q

Sara bought sofa and left at SAMs club. Once she left it was torn. Risk of loss for the damage was on:

A

SAMs club because Sara never took possession of the sofa.

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4
Q

Under UCC, a contract, destination contract or shipment contract is

A

A shipment contract!

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5
Q

Jed stole Elis bike. If Jed sells the bike to Heath, Heath will recieve:

A

Void title whether or not Heath was a good faith purchaser.

NOTHING STOLEN CAN EVER GET VALID

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6
Q

Dave repaired a clock at a jeweler. The jeweler sold clock by accident. The customer who bought the clock obtains:

A

Void title bc the jeweler committed theft by selling it

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7
Q

Seller contracted to sell lumber. Destination contract and was destroyed by a hurricane before arriving at destination. Risk of loss:

A

Had not yet passed to the buyer and was on the seller when the lumber was destroyed

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8
Q

Mrs smith sold piano to George. He left it there and it got burned in a fire. If George sued, he’s likely

A

Lose because the risk of loss passed to George when mrs.smith said he could take the piano

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9
Q

Buyer and seller contract the sale of goods. Contract is shipment contract. Risk of loss for damage passed to the buyer when:

A

Seller places the goods in the possession of the carrier

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10
Q

Serena buys from minor. And sells to Mel who knows he’s a minor. Mel has

A

Voidable title subject to jays right to reclaim the boat because Mel knew Serena had purchaser it from a minor

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11
Q

A secured transaction is a transaction In which:

A

Choices a and b
The buyer pays seller with cash
The buyer pays seller with cc

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12
Q

A financing statement contains:

A

The debtors name and address
The creditors name and address
The price of the collateral

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13
Q

Bill purchased a car. Ford provided a loan to make monthly payments. Bill signed document that stated if he didn’t make the payments they would take away his car. The document is:

A

Security agreement

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14
Q

Bill purchased a car. Ford provided a loan to make monthly payments. Bill signed document that stated if he didn’t make the payments they would take away his car. To obtain the loan bill used the car as

A

Collateral

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15
Q

Which are true
Limited liability comp & a corp can be owned by 1 person
Bill owns 1 share stock = owner
Lp, a general partner has limited personal liability

A

All of them

16
Q

A security interest becomes enforceable and effective as soon as it:

A

Attaches to collateral

17
Q

Derek borrowed $ from keybank and used his boat as collateral and signed security agreement. Then signed a financing statement at nbt. Which bank has priority?

A

Security agreement has priority

18
Q

Security agreement goes first

A

Jan 2014

19
Q

Limited personal liability businesses

A

Check sheet

20
Q

Close corporation

A

Sells stock privately

Is limited to 10 or fewer shareholder

21
Q

Pass through taxation

A

A crop general partnership

S corp limitedliability

22
Q

Filling income taxtes. Individual -SSN a corp is

A

EMPLOYEE ID NUMBER EIN

23
Q

Profits are subject to double

Changes when the business is a :

A

C corporation

24
Q

Sole proprietor:

A

Liable for 100% damages

25
Q

Liquidated damages

A

Damages that both parties agree too when entering because actual damages would be too difficult to determine

26
Q

Bailment

A

Temporary possession

27
Q

Torts

A

Compensatory

Punitive

28
Q

Compensatory damages ( breach of contract)

A

Actual damages