Law Exam 3

Express -Not based on factual representations;

Quid pro quo is not a type of sexual Harassment.

What happened in the Kim Vs. Costco Case?

Which of the following are negotiable under the UCC?

Fitness forParticular Purpose - expects the good to work/fit as intended by the buyer.

Bone Fide Occupation Qualification is allows restriction of hiring based on if the candit deosn't fit your company

What are additional terms?

What happened in the Cora furniture case?

Destruction of identified goods when uneexpected event occurs, contract is still held up by the perfect tender rule.

What happened in the Accutane case?

Race may never be the basis of a BFOQ.

What happened in the Northwest airlines case?

Who won the fire fighters case?

You do not have a right to inspect your goods before you buy them.

One way to accept is to expressl accept.

Elliott-Larsen Law in Michigan protects: Race, Color, Religion, National Origin, Sex, Height, Weight, and Marital Status

Every employee is considered an at will employee.T/F

Assurance and cooperation is an exception to the perfect tender rule.

If you fail to reject goods within a reasonble period of time after inspecting them. It automatically turns to accept

Assumption of the Risk - you should assume there will be a risk of injury when doing whatever you were doing

Intangible property is included in UCC

Business Necessity is a defense for for discrimination

What is the negligence standard?

In Michigan, you have to contact the EEOC first, you can’t simply find an attorney.

If there is a breach of contract, and you choose to resell the goods or sue, you always get incidental damages.

Destination Contract: use FOB buyer’s location

The UCC applies to the sale of goods, not services.

Implied Warranty of Merchantability - is based on the idea that the goods are reasonably fit for the general purpose;

An example of BFOQ would be a cathloic organization only hiring other catholics.

Predominant- factor Test: is used when something involves a combination of goods and services.

Right to cure is when the seller has the right to correct or cure a mistake if there is time left in the contract.

The exception to an open quantity term is a Requirements contract.

What are the elements of a merchant firm offer?

Something has a design defect if foreseeable risk of harm could be reduced by adopting economic alternative design.

What was the result of the Hooter's case?

What was the result of Kim V Costco?

Commerical Impracticablity is when an occurance is unforeseen by either pary making perfroming impracticable

What happeened in the maple farms case?

A mixed contract contains goods and services.

Disclaimers for express warranties must be clear and conspicuous

Quid pro quo is an employment benefit in exchange for a sexual “favor”.

Disclaimers for Implied Warranties/ Fitness for a particular purpose must be written and conspicuous

What was the result of the T-bird case?

What was the Hooter’s case?

By law, a religion is classified as any sincerely held religious belief.

Merchant’s firm offer must be signed by the merchant and contain a certain time frame to be irrevocable.

What were the results in the BIC lighter cases?

anticipatory repudiation if you can reasonably anticipate that a party won’t perform, you can take action immediately,

product has warning defect if foreseeable risk of harm could have been reduced by provided by warnings or instructions.

Right to cure is an exception of the Perfect Tender rule.

What is the difference between disparate impact and disparate treatment?

What happened in the Smith v Jackson case?

Who won in the Maple farms case?

The Standard of good faith is implied into every contract.

Comparative Negligence both at fault and Open and Obvious the reasonable person would know that this item is dangerous

Shipment Contract: use FOB seller’s location

Product Misuse - you are using a product in a way that it was not designed to be used

If a good has a value of 500 dollars or more there needs to be a contract in writing.

The 4 defenses for negligence/product liablity are

Modifications don’t need to be in writing.

Seller can promise to ship or just ship without the promise but must notify the buyer that the goods are on their way

Destruction of identified goods is not an exception of the Perfect Tender rule.

Under Title VII of the Civil Rights Act, the following are protected: Race, Color, Religion, National Origin, and Sex

Commercial Impracticability is an exception of the Perfect Tender rule.

Assurance and cooperation require both parties to cooperate with eah other.

Payment and inspection is an exception to the perfect tender rule.

If a work situation is so severe under Constructive discharge allows you to quit in effect making it a termination

Under Title VII, if you have been discriminated against, you must first go to the EEOC

A hostile work environment is sexual harrassment, where it is offensive to the reasonable person, pervasive, and severe

The statute of limitations has to always be 4 years and no less.

The three buyer remedies when a seller doesn’t perform are:

The court determined that the UCC applied to this case even though there was both goods and services.

The firefighters case is an example of disparate impact based on promotion structure.

In the camper case buyer was allowed to revoke offer because of fitness for particular purpose warranty.