Law293 exam 3

T or F: When a seller doesn't perform, a buyer's remedies can include buying replacement goods or a check of $10,000

T or F: The Statute of Limitations has a maximum timeframe of 4 years and a minimum of 1 year

if one of those contracts is not specified, it will be determined a shipment contract

T or F: Elliot-Larsen is MI with the same protected classes as title 7 plus 3 more. Weight, height, and marital status.

T or F: Design defect: bic lighter case bic lost in NH but won in MI

T or F: Implied warranty of merchantability is based on the idea that goods are reasonably fit for the general purpose

T or F: employment at will means you can be fired at any time for any reason (non discriminatory)

T or F: The Uniform Commercial Code (UCC) applies to the sale of goods and services

When theres a mixed contract, court will use the predominant purpose test to determine if contract is a good or service

T or F: Disparate impact is intentional discrimination against a protected class/person

T or F: a warning defect: bic lighter case, if there is a foreseeable danger, then there must be a warning.

T or F: Commercial impracticality is not a reason for not performing a contract

Destination contract is where the buyer lives. Buyer is liable if damages happen

T or F: Negligence Standard is a Duty to exercise due care, breach of duty, “but for” test

Goods in buyer's possession but refuses to pay. Seller can sue the buyer. Sue for purchase price plus incidental damages

cows milking machine case was thrown out because it was beyond the statute of limitations

T or F: A Quid pro quo is when someone is offered a promotion in exchange for a sexual favor

T or F:  Food served off the premises is determined to be a service

Greene shampoo case: shampoo company wins because it is "open and obvious" not to drink shampoo

T or F: The destruction of identified goods is the seller's responsibility by default

T or F: fitness for a particular purpose expects the good to work/fit as intended by the buyer

T or F: BFOQ; a religious organization may want congregant, race may never be the basis of a BFOQ

T or F: the Accutane case breaches product liability

T or F: defenses include business necessity: must be able to prove your action was indeed necessary

t or f: on a federal level, you must first go to the EEOC in order to sue through title 7

T or F: Unconscionability survives the UCC

Defenses of warning/design defects include assumption of risk, product misuse, comparative negligence,and open & obvious

T or F: If you fail to reasonably reject goods within a reasonable time, it'll be assumed that you accept the goods

T or F: the Maple Farms milk case was an example of commercial impracticality

T or F: An open terms case is when the court figure out the contract for you reasonably, including quantity.

T or F: Under certain circumstances, a buyer can revoke their acceptance.

T or F: A mixed contract includes both goods and services

T or F: You must notify the buyer that goods are on the way once you ship something. this prevents buyer from revoking

T or F: Express Warranties are based on factual representations

T or F: The "Right To Cure" is a right the seller has to correct any mistake if there is time left on a contract

T or F: A merchant's firm offer is when there is an offer in writing and is offered for a certain period of time.

T or F: Hooters male employees case claimed they were discriminated against based on gender. Men won $1.7 mill

T or F: Disparate impact is not intentional, but protected class/person has been discriminated against

T or F: Hostile environment is sexual offensive conduct in the workplace. Offensive, pervasive, and severe.

Shipment contract is where the seller lives. once goods are with a reliable shipper, buyer is liable if damages happen

T or F: Title 7 (VII) of the civil rights act is a Federal statute that prevents being fired bc of discrimination_{ }

Kim vs costco: she claimed discrimination on religion and "the church of body modification". She won

T or F. The thunderbird case was won by the guy who was offered the car, even though the seller sold it to someone else

Sellers Remedies is when you can sue for the difference if your resale price is less than OG price, + incidental damages

T or F: the camper case was an example of when buyers can revoke their acceptance

T or F: courts should not use "The standard of good faith" in every contract

T or F: You have the right to inspect goods before you pay for them

T or F: You can go to any lawyer in michigan and sue if they believe you have a claim, you can skip EEOC

T or F: If a contract does not have how much of something you need (quantity), it will not be enforced

T or F: Constructive discharge (title 7) you can sue if conditions were so terrible that you were forced to quit

Smith vs. Jackson, police officers claimed to not get promotions because of their race, claimed disparate treatment.