July 4th Flashcards

1
Q

The remedy of specific performance is not…

A

Not available for breach of personal service contract

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2
Q

If a CPA repudiates a personal contract with a corporation, the corporations will be…

A

Unable to obtain judgement ordering CPA to perform

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3
Q

Refusing to prepare taxes unless a substantially higher fee is paid is an example of…

A

Ordinary duress

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4
Q

When a CPA refuses to furnish a client’s work papers unless he is paid a substantially higher fee than set forth in the contract, makes the contract…

A

Voidable

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5
Q

The statute of limitations for Breach of contract on defective goods begins when…

A

Defective goods are tendered

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6
Q

FOB wholesaler loading dock

A

Title of goods passes when delivered to carrier

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7
Q

If a mortgagor defaults and the mortgagee forecloses, the mortgagor may…

A

Not remain in possession of property

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8
Q

A blank endorsement by the first name on the check makes the next signer’s signature…

A

Not necessary to be negotiated

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9
Q

A draft is a 3 party instrument where…3

A

1 a drawer orders a 2 drawee to pay fixed amount to 3 payee

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10
Q

Generally security agreements must be in writing to be…

A

Enforceable

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11
Q

The primary exception to writing requirements of security agreements is if the secured party…

A

Takes possession of collateral

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12
Q

What is it called when a secured party takes physical possession of collateral?

A

Pledge

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13
Q

After the registration statement has been filed but before it becomes effective, the issuer is allowed to make certain…

A

1 oral offers and

2 written offers that are preliminary prospectuses

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14
Q

If a buyer who contracted with an agent who they thought was the principal, and the buyer discovers the actual principal who refuses to fulfill the contract, the buyer has cause of action against…

A

Both agent and principal

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15
Q

For property contributed to a partnership after June 8, 1997, a partnership must hold contributed property how long before distributing it to avoid pre-contribution gain being taxed to contributing partner?

A

7 years

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16
Q

Mineral deposits sold in place are considered…

A

Capital assets

17
Q

Exemption amount of simple trust…

A

$300

18
Q

Exemption amount of complex trust

A

$100

19
Q

Management advisory services contract is a…

A

Personal service contract