81. An arrangement in which the owner of a trademark licenses others, under specified conditions or limitations, to use the trademark in purveying goods or services is a(n): ______.

a. corporation.

b. limited partnership.

c. unincorporated association.

d. franchise.

82. Because ______ corporations have a more restricted range of powers than business corporations, actions not authorized by their corporate charters are more likely to be found ______.

a. nonprofit, ultra vires.

b. subchapter S, illegal.

c. a benefit, ultra vires

d. professional, illegal.

83. It is the duty of an agent to act with the care that: ______.

a. the principal would exercise under the circumstances.

b. a reasonable principal would exercise under the circumstances.

c. a reasonable juror would exercise under the circumstances.

d. a reasonable person would exercise under the circumstances.

84. When an anticipatory repudiation of a contract occurs, the non-breaching party may execute any of the following except:

a. do nothing and wait for performance per the contract.

b. immediately declare a breach of contract.

c. consider the repudiation as an offer to cancel the contract.

d. immediately seek an injunction.

85. The rule of mitigation of damages requires that a party injured by a breach of contract must:

a. take any and all steps possible to reduce the damages that will be sustained because of the breach.

b. discharge the contract before filing suit for breach.

c. hire someone else to perform the contract.

d. take reasonable steps to reduce the damages that would otherwise be sustained because of the breach.

SHORT ANSWER

86. Pamela was the agent in charge of distribution and collections for the Coble Dairy Products Cooperative. Thrower operated a grocery store and purchased dairy products from Coble. Pamela made false invoice sheets, showing delivery to Thrower of greater quantities than Thrower actually had ordered or received. Pamela collected from Thrower on the basis 12 of these increased amounts, and then kept for herself the difference between the increased amounts and the amounts that should have been charged. When Thrower learned of this, he sued Coble for the excess payments he had made. Coble denied that Pamela was its agent in making excess collections. Will Thrower win?

87. Alice, Betty, and Cathy are interested in forming a business venture. Alice is quite wealthy and is ready to contribute money to the venture. Betty has a degree in business from an excellent university, worked for five years as a manager in a major corporation, and currently is a leadership/management consultant. Cathy is a scientist who has developed a process that will, according to her, "revolutionize cancer treatment throughout the world." Alice, Betty, and Cathy believe it is in their best interest to form a general partnership. Do you agree? Is there a more appropriate form of business you might recommend?

88. The Miller family operates a musical instrument manufacturing concern and has decided to form a business entity. The three (3) members of the Miller family, Mary, Mark and Sue, would like to obtain limited liability; however, taxation at the corporate level would be very costly for them. If possible, Mary Miller would rather be taxed as a partnership. Mark Miller is worried about the additional paperwork and meetings that incorporation would surely bring. Sue Miller does not want a large board of directors to be formed. Sue fears that the board would somehow detract from the family goals and orientation the business has always enjoyed. In light of these concerns, what two business entities would best suit the Miller family? Of these two forms, which one would you recommend and why?

89. Louise Feldspar obtained the exclusive right to sell TastyCrunchy Chicken in a specified area. Under the agreement, Feldspar was permitted to use the TastyCrunchy name and logo for her restaurant and she agreed to comply with TastyCrunchy's restaurant requirements. She purchased her equipment, as well as the chicken she served, from the firm. She agreed to devote a certain percentage of her revenues to promoting the TastyCrunchy operation in local media. The operation was successful from the start, and Feldspar has had no problem meeting the sales quotas imposed by TastyCrunchy. The past year TastyCrunchy informed Feldspar that it intended to open a new restaurant on an interstate highway that had just been completed in her exclusive area of trade. Because her operation would be competition for the new store, Feldspar's right to sell TastyCrunchy products and use the name TastyCrunchy was revoked. What can Louise do?

90. Robertson and Enrickson prepared an agreement to enter into a partnership. Both of the partners realized that outside capital was needed for the firm to begin operations; however, they also realized that their individual and combined credit ratings would not attract sufficient funds. In order to improve the new partnership's ability to attract investment capital, and with the approval of Enrickson, Robertson added his friend Thompson's name to the partnership agreement. Thompson, a well-known personality from a family of means, was not asked to be a partner and knew nothing of Robertson's and Enrickson's actions. Upon seeing Thompson's name on the partnership agreement, a local bank readily agreed to advance Robertson and Enrickson the total sum required to begin operations. The partnership has now failed, and the bank would like to hold Thompson, Robertson and Enrickson liable for the amount of the loan. Will the bank recover from Thompson, Robertson and Enrickson?