1.A guest with a one-night guaranteed reservation at a hotel did not show. The hotel was not able to rent the room to someone else. For which of the following is the guest liable to the hotel?

Group of answer choices

Loss of goodwill

The full hotel bill

Punitive damages

None of the above

Question 2

2pts

MarretHotels uses a trademark in its advertisements, that is similar, but not identical, to a distinctive mark used byMarriotHotels.Marret'suse of the mark is actionable

Group of answer choices

only if consumers are confused.

only if Marret and Durable are competitors.

only if consumers are confused and Marret and Marriot are competitors.

regardless of whether consumers are confused or Marret and Marriot are competitors.

Question 3

2pts

Kay's restaurant markets and sells a specialty hamburger under the name "Mountain Man's Burger." Jim's restaurant begins to market an identical hamburger under the name "Mountainous Man's Burger." This is

Group of answer choices

copyright infringement

patent infringement.

trademark infringement.

none of the choices.

Question 4

2pts

Mattie writes new words to the melody of a song written by Toby, without Toby's permission. Mattie plays and sings this song at the NightInn Tavern.Mattie is committing

Group of answer choices

copyright infringement.

patent infringement.

trademark infringement.

none of the choices.

Question 5

2pts

The process behind the production of "Mom's Special Pie,", is protected by

Group of answer choices

copyright law.

patent law.

trademark law.

Trade secrets law.

Question 6

2pts

Britney promises to deliver a certain couch to Dan, who promises to pay for the service. Britney does not perform. She may be required to

Group of answer choices

do nothing.

make another promise.

pay damages.

perform a different service.

Question 7

2pts

Bob and Jenny enter into what Bob later claims is a contract. Indecidingwhether a valid contract was formed, a court will not look at

Group of answer choices

the parties' subjective beliefs at the time of the allegedcontract.

the parties' conduct (actions) at the time of the alleged contract.

the parties' statements at the time of the alleged contract.

the circumstances surrounding the alleged contract.

Question 8

2pts

Sally claims that Ginger breached their contract. Ginger claims that she never intended to enter into a contract with Sally. To determine whether the parties intended to contract, the Court will use

Group of answer choices

the conscious theory of contracts.

the objective theory of contracts.

the personal theory of contracts.

the subjective theory of contracts.

Question 9

2pts

Fine China, Inc. contracts with La Cic Restaurant to deliver an order of fine dining supplies. The elements of a contract do not include

Group of answer choices

consideration

contractual capacity

legality

expediency

Question 10

2pts

Linda offers to pay Tony $100 if he performs a magic show for her hotel guests at 7:00 pm Friday night. Linda says that Tony can onlyaccepther offer by performing the show. This is an example of a

Group of answer choices

a unilateral contract.

a moral obligation.

a social contract.

a bilateral contract.

Question 11

2pts

Linda can revoke her offer for Tony to perform a magic show at Linda's hotel for 7:00 pm Friday night only

Group of answer choices

within hours of Linda's offer.

before Tony completes performance of the magic show.

before Tony has substantially begun performance of the act.

before Tony promises that he will perform.

Question 12

2pts

Mike plants spring annuals in the landscape beds every spring for Sleepy Hotel. He has done this for the past 2 years. March 15th Mike pulls up in his landscape truck, unloads the plants, and starts planting. The Manager Cindy, who in the past has always paid Mike for the landscape services, walks by and waves to Mike. The parties have formed

Group of answer choices

an express contract.

an implied-in-fact contract.

an implied-in-law contract.

a quasi contract.

Question 13

2pts

Kim says to Barry, "I would like to sell you my restaurant." This is not an offer because Kim

Group of answer choices

not include a price term.

did not describe the subject matter sufficiently.

did not indicate a serious intent.

only invited Barry to negotiate.

Question 14

2pts

For a court to determine if a contract has been breached, under the common law, the offer must include terms that are

Group of answer choices

exactly precise.

reasonably definite.

unequivocally approximate.

vague or uncertain.

Question 15

2pts

Rick is the owner of Best Bar-B-Q. Nicky is the owner of Nicky's Cakes that is right next door to Best Bar-B-Q. Rick tells Nicky that he plans to paint his restaurant fluorescent pink. Nicky promises to pay Rick $50 to use a more conservative color. Rick agrees. Nicky's promise is

Group of answer choices

unenforceable, because Rick agreed to refrain from doing something that he was legally entitled to do.

enforceable, because it would hurt Nicky's business.

enforceable, because Rick agreed to refrain from doing something that he was legally entitled to do.

unenforceable, because Rick had not already bought the paint.

Question 16

2pts

Herbert, a minor, signs a contract to buy alcoholic beverages for his parents' restaurant. The contract is

Group of answer choices

valid but may be disaffirmed.

valid but may not be disaffirmed.

void as a matter of law.

void unless it is also signed by Edie, the manager of the restaurant.

Question 17

2pts

Kelly, a minor, orders a meal at Moza, an upscale restaurant. After consuming the food Kelly disaffirms her purchase. Kelly owes Moza's

Group of answer choices

the reasonable value of the food.

the retail value of the food.

the wholesale value of the food.

nothing

.

Question 18

2pts

While intoxicated, Tim orders drinks for everyone in the bar. The contract is

Group of answer choices

enforceable only if Tim could comprehend his actions.

enforceable even if Tim could not comprehend his actions because the patrons at the bar drank the drinks.

unenforceable because making Tim pay for people's drinks that he did not know would be wrong.

unenforceable under any circumstances.

Question 19

2pts

Jules signs a covenant not to compete with his employer, Party Planners. The covenant willbe enforced if it

Group of answer choices

is supported by consideration.

none of the choices.

does not require either party to obtain a business license.

is reasonable with respect to geographic area and time duration.

Question 20

2pts

Which of the following is not true about the statute of frauds?

Group of answer choices

Initials on a writing are sufficient in lieu of a signature.

Two pieces of paper can be used together to make up the necessary writing.

The plaintiff's signature is required for a lawsuit.

A note or memo may be sufficient to satisfy the writing requirement regarding terms.

Question 21

2pts

Debbie had reservations at a hotel but, because it overbooked, she was forced to stay elsewhere. The only hotel in town with vacancies was more expensive. Debbie had to book a room at that hotel. The first hotel liable to pay Debbie what?

Group of answer choices

Mental anguish suffered byDebbie.

The amountDebbie would have to pay at the first hotel.

None of the above; the hotel does not have any liability in this situation.

The full hotel bill paid byDebbie at the second hotel.

Question 22

2pts

Companies should establish a sexual harassment policy containing all except which of the following?

Group of answer choices

Arule requiringa victim to file complaints directly with his/her supervisor.

A rule requiring that, if the victim concurs, all complaints should be thoroughly investigated.

A rule requiring that prompt remedial action be taken against the harasser.

A rule requiring that the name of the victim be maintained as confidential unless the victim authorizes release of his or her identity.

Question 23

2pts

Which of the following is an employer not required to do as an accommodation to an employee with a disability?

Group of answer choices

Modify training materials for the visually impaired.

Enlarge doors to enable a person in a wheelchair to enter and exit.

Purchase glasses for an employee.

Modify a work schedule to coincide with public transportation schedules.

Question 24

2pts

Pest R Gone enters into an oral contract with Happy Trails Inn under which Pest R Gone agrees to keep Happy Trails pest free for two years. This contract is enforceable by

Group of answer choices

either party.

Pest R Gone only.

Happy Trails only.

neither party.

Question 25

2pts

Flora's orders by phone fifty cartons of canned green beans from Vegetables, Inc. After 5 cartons are delivered and accepted, Flora repudiates the contract. Vegetables can enforce the contract to

Group of answer choices

any extent because that is what the law says.

no extent because the order was placed orally.

the extent of the ten accepted cartons.

the extent of the fifty ordered cartons.

Question 26

2pts

Larry enters into a contract to operate a Kozy Kitxhen franchise, which Kozy agrees to support as long as Larry maintains his business license. Kozy's duty to perform its part of the bargain is

Group of answer choices

absolute.

operational.

immoral.

conditional.

Question 27

2pts

Manny has a contract to manage a wedding event for Kara.However, a tornado destroys Manny's warehouse where he stores all of his equipment and supplies. Manny tells Kara he will not perform his contract duties without her paying more to him because he has to buy new equipment and supplies. Which is true?

Group of answer choices

Manny is excused from any duties and owes Kara nothing because it was an act of nature.

Manny has to fulfill the obligations no matter what it costs him. Manny and Kara entered into a contract in good faith. Kara is not obligfated to pay extra money.

Kara can contract with another Planner and Manny will not have to pay her the contract difference. if the new contract costs more than the original with Manny because Manny suffered an act of nature.

Kara must pay Manny more money because Manny suffered an unforeseeable Act of God.

Question 28

2pts

Patty's Pools agrees to build a swimming pool for Moonlight Inn, but fails to build it according to the contract specifications. Moonlight hires Pleasure Pools to finish the project. Moonlight may recover from Patty's Pools

Group of answer choices

the costs needed to bring the pool up to specifications.

the entire contract price.

the contract price less costs of Patty's Pools labor.

profits plus the costs incurred up to the time of the breach.

Question 29

2pts

Holiday Place wrongfully terminates its employee Henry. Lucky Stars offers Henry a similar job the very next day. But, Henry refuses to accept. He files a suit against Holiday. Under common law,t he damages that Henry receives will most likely be equal to

Group of answer choices

Henry's salary less the income Henry would have received from Lucky.

Henry's salary plus the income Henry would have received from Lucky.

Henry's salary.

nothing.

Question 30

2pts

Le Pew, a world-famous chef, signs a contract to give Mabel lessons in French cooking. Le Pew wants to transfer his duties under the contract to Evin, a student at a cooking school. The transfer is

Group of answer choices

valid.

valid only if Evin is a honors student.

not valid because performance of the contract depends on Le Pewl's unique skills.

not valid only if Mabel can hire another world famous chef, but fails to do so.

Question 31

2pts

Angui and Lopy enter into a contract under which Angi agrees to provide maintenance services for Lopy's amusement park. Duties under the contract may not be transferred if

Group of answer choices

special trust has been placed in the obligor.

performance depends on the personal skills or talents of the obligor.

performance by a third party will vary materially from the performance expected by the obligee under the contract.

any of the above choices.

Question 32

2pts

Freddy takes out a casualty insurance policy with Wellpay Insurance Corporation that names, Quincy as the beneficiary because Quincy has loaned him the money to purchase the building. This is

Group of answer choices

a delegation.

a third party incidental beneficiary contract.

an assignment.

a third party intended beneficiary contract.

Question 33

2pts

Soft Bedding contracts to deliver 100 beds to Popular Hotel on January 2. Soft tells Popular on December 11 that it is canceling the contract because its workers have gone on strike. Popular

Group of answer choices

must await Soft's performance for a reasonable period of time.

must sue Soft immediately for breach of contract.

may await Soft's performance, sue, or suspend its own contract performance.

may only suspend its own contract performance.

Question 34

2pts

Kathy takes temporary leave from her job atJamingJeepers Theme Park to care for maternity leave. Kathy callsJamingJeepers and lets them know that she is ready to come back to work.JamingJeepers tells her that she has been replaced.Under the Family and Medical Leave Act, Kathy may be entitled to

Group of answer choices

her job reinstated.

money damages or her job reinstated.

free child care.

double damages, job reinstatement, a promotion, and maybe more.

Question 35

2pts

Le Frien Restaurant learns that several employees are attempting to persuade other employees to support unionization. Le Frien Restaurant may

Group of answer choices

limit union solicitation on Le Frien Restaurant's premises.

fire the unionizers.

do nothing at all.

discipline any employees who accept pamphlets from, or listen to, the Union.

Question 36

2pts

Gary works for Toppers. He is the only man on the night shift. The female employees often play minor pranks on each other. Gary plays a silly prank on one of the other employees similar to the pranks they play on each other. Gary's supervisor fires him based on the prank. Gary files a suit under Title VII against Toppers. To succeed, Gary must show that his ex-supervisor's action was

Group of answer choices

an informal Toppers policy.

based on complaints by all the other employees.

only a pretext for Gary's s discharge.

a legitimate, nondiscriminatory reason for Gary's discharge.

Question 37

2pts

Isabel is a member of a protected class. She applies for a job with Computer Gurus, but fails their employment test, so she is not hired. Isabel believes that the test has an unintentionally discriminatory effect. If so, this is an example of

Group of answer choices

desperate-measure discrimination.

raw discrimination.

disparate-treatment discrimination.

disparate-impact discrimination.

Question 38

2pts

To succeed on a gender-based discrimination under Title VII, on a disparate-impact theory, a female plaintiff must show that the Defendant hires fewer women verses men when compared to the percentage of

Group of answer choices

women who have applied to work for Defendant.

qualified women in the United States.

women in the State where the Defendant operates its business.

qualified women in the local labor market.

Question 39

2pts

Sleep Easy Hotel does not educate it employees concerning sexual harassment or take any action to prevent sexual harassment. If there are occurrences of sexual harassment, Sleep Easy Hotel may be liable for harassment actions by

Group of answer choices

a customer.

no one.

an employee only.

a customer or an employee.

Question 40

2pts

Darrin has a leg missing. The office where he works installs new doors. Now, Darrin has major issues when he enters and exits the office. Darrin is late arriving to his desk several times. His boss fires him and hires Melvin, who has two legs. For Darrin to succeed with a claim under the Americans with Disabilities Act of 1990 against his ex-employer, Darrin will have to show that

Group of answer choices

his boss installed the doors as an intentional act of discrimination.

the office refused to make reasonable accommodation for Darrin.

Melvin is not qualified for Darrin's old job.

Darrin consistently met the other essential requirements of his job.

Question 41

2pts

An employer whose doors do not facilitate an handicapped employee to easily enter and leave the building, will haveto modify the doors for easier access, if a complaint by a handicap employee is brought,unless, it can show

Group of answer choices

itcannot make changes to the doors without undue hardship.

makingchangesto the door would not improve the ability for a disabled employee to arrive at work on time or complete job tasks in a more efficient manner.

the employee complains about everything.

the doors were not installed as an intentional act of discrimination.

Question 42

2pts

Albert is morbidly obese. Captain Mort is an alcoholic. Who is considered to have a disability under the Americans with Disabilities Act

Group of answer choices

neither.

Albert.

Captain Mort.

both Albert and Captain Mort.

Question 43

2pts

A women's spa, Pamper Me employs only female attendants to assist customers in the dressing rooms. Todi, a forty-one-year-old male, applies for an attendant's job, but is not hired. In an employment discrimination suit under Title VII of the Civil Rights Act by Todi's against Pamper Me, Pamper Me has to prove as a defense

Group of answer choices

Todi is a pervert.

anti-discriminatory exception.

a business necessity exception.

a bona fide occupational qualification exception.

Question 44

2pts

When compared to Federal discrimination laws, State discrimination laws may apply to firms with

Group of answer choices

100 or more employees.

only more employees than the Federal Laws require.

fewer employees the Federal Laws require.

only the same number of employees that the Federal Laws require.

Question 45

2pts

Bunny works at the front desk of a hotel, Cozy Up. She has requested a weekend shift off to celebrate an annual religious holiday. Cozy Up is always busy on the weekend. The supervisor is hesitant to allow Bunny the time off. Which of the following is false?

Group of answer choices

The supervisor can refuse to grant the day off without attempting to accommodate Bunny's request.

The supervisor is well advised to assist Bunny in locating a substitute employee, This could be accomplished by providing space on a company bulletin board for employees to communicate such needs with other employees.

If Bunny can make arrangements with another qualified employee to work the shift, the supervisor must provide Bunny unpaid time off for the religious holiday.

If a satisfactory arrangement cannot be made with another employee, the supervisor can refuse to grant Bunny the time off for the religious holiday.

Question 46

2pts

A sexual harassment policy should contain all but which of the following?

Group of answer choices

A rule requiring that the victim's name is to be kept confidential unless the victim authorizes release of his or her identity.

A rule requiring that, if the victim agrees, the complaints should be thoroughly investigated.

A rule requiring that prompt remedial action is to be taken against the harasser.

A compliant procedure that mandates an employee to file any complaints directly with his or her supervisor.

Question 47

2pts

Which of the following is an employer not required to do as an accommodation to an employee with a disability?

Group of answer choices

Reimburse an employee for eye glasses.

Upgrade doors to enable a person in a wheelchair to enter and exit

Modify training materials for the visually impaired employees.

Modify a work schedule to coincide with public transportation schedules.

Question 48

2pts

Which of the following is not accurate about the Immigration Reform and Control Act?

Group of answer choices

It is intended to minimize the number of illegal aliens employed in the United States.

An employer must begin deportation proceedings against an employee who cannot produce the necessary paperwork in the allotted time.

Employers are required to examine their workers' employment documents to verify authorization to work in this country.

An employee who cannot produce the necessary paperwork within three weeks of being hired must be terminated.

Question 49

2pts

Which of the following are real laws in Florida?

Group of answer choices

Florida Constitution SECTION 21. a)It shall be unlawful for any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that she is prevented from turning around freely.

Florida Statute 798.01Living in open adultery.Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section

Florida Statute 836.04Defamation.Whoever speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of chastity, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

All of the listed statutes are real.

Question 50

2pts

How skilled are you at Internet searching about a potential job candidate? Try your hand at figuring out what book Professor Glass wrote and self-published in 2010 and updated on February 24, 2012?

Group of answer choices

Rose Way.

None- she doesn't have time to write a book.

A Lady's Guide to Law.

Homemade Law.

Question 51

0pts

One day in Contract Law class, the professor asked one of his students, "Now if you were to give someone an orange, how would you go about it if you were an attorney?"

What did the student say?

A."Where did I get the orange from and why am I giving it away?"

B. "I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding..."

C."Here, have an orange!"