Deck 13: Beyond Our Borders:

Question 1

Wei Wei, Ltd., a Chinese firm, delivers the first commercial unit of a two-unit shipment of headphones to Sonic Boom, a U.S.firm.Sonic accepts the goods, but later discovers that they are nonconforming.To revoke acceptance of the unit under the Convention on Contracts for the International Sale of Goods, Sonic

A)can sue immediately, claiming that Wei Wei fundamentally breached the contract.
B)must notify Wei Wei and return the goods before Sonic can sue.
C)must prove that the nonconformity of the first unit impaired the value of the whole lot.
D)must prove that Sonic assumed the nonconformity would be cured and it has not been cured.

Answer 1

A

Question 2

AgriInternational, Inc., a U.S.firm, orally agrees to sell six cargo containers of grain to Panera Pan, Ltd., in Spain.AgriInternational delivers, but Panera Pan does not pay.Under the Convention on Contracts for the International Sale of Goods, AgriInternational can

A)enforce the agreement.
B)not enforce the agreement because it is not in writing.
C)not enforce the agreement because the price term is not specified.
D)not enforce the agreement because there is no consideration.

Answer 2

A

Question 3

Duc Tho, Ltd., a Vietnamese firm, delivers a shipment of umbrellas to Rain Gear Inc., a U.S.firm.Rain Gear accepts the goods, but later discovers that they are nonconforming.After revoking acceptance of the goods, under the Convention on Contracts for the International Sale of Goods, Rain Gear can

A)rescind the contract.
B)recover the goods.
C)reject the goods.
D)none of the choices.

Answer 3

A

Question 4

Taylor, a paralegal, works for Polk, an attorney.Before filing a bankruptcy petition for Polk on behalf of a client in the U.S.Bankruptcy Court for the District of Arizona, Taylor has a question about the filing.Taylor can access a chat box via the court's Web site and

A)send and receive text messages.
B)leave voice messages.
C)get verbal responses to questions in not less than ten minutes.
D)contact other paralegals, attorneys, and their clients quickly.

Question 5

Kitschen Equipe, GmBH, a German firm, orally agrees to sell six large freezers to Mon Desir Cafés, S.A., in France.Kitschen fails to deliver, Mon Desir does not pay, and the parties take their dispute to court.France does not require certain types of contracts to be in writing.Without a writing requirement, the parties can prove their agreement and its terms by

A)evidence of conduct.
B)oral testimony.
C)written documents.
D)all of the choices.

Question 6

University of St.Bart (USB)offers classes online.Enrollment is carried out online.USB asks each enrolling student to agree that any dispute will be resolved by arbitration and to indicate assent by clicking a box to make "Signed by E-Signature" appear on a signature line.Most likely, this agreement is

A)misleading.
B)valid.
C)invalid without further proof that the student assented to it.
D)invalid without a facsimile of an actual signature on the signature line.

Question 7

Roshini is a shareholder of Satsui, Ltd., a Japanese firm.Roshini brings a derivative action against the company.If the action is unsuccessful, Satsui

A)can sue Roshini for damages.
B)must pay Roshini's legal fees.
C)must apologize to Roshini.
D)must accept Roshini's apology in lieu of costs, fees, or damages.

Question 8

Eduard is a shareholder of Deutsche Internationale, a German firm.In Germany

A)most claims against firms are alleged in shareholders' derivative suits.
B)the law does not provide for derivative litigation.
C)derivative actions can only challenge directors' actions that shareholders could not legally ratify.
D)if a derivative action is unsuccessful, a firm can sue the plaintiff.

Question 9

Tour Vista, an online travel company, buys blocks of rooms from Skyview Towers, a hotel in River City, at a wholesale rate.Tour Vista resells the rooms to consumers at a retail rate.In recent efforts to collect taxes from e-commerce, some cities claim that hotel occupancy taxes should be assessed and remitted directly to the cities based on

A)the dire financial straits of the cities during the latest recession.
B)the retail rates of the rooms.
C)the states of residency of the consumers who reserve the rooms.
D)the wholesale rates of the rooms.

Question 10

Apex University (AU)offers classes online.AU asks each student enrolling online to agree to submit any dispute to arbitration and to indicate assent by clicking a box.AU claims that it is the cheapest undergraduate program in the United States.Beth enrolls in the program but later charges AU with fraud based on its "cheapest" claim.Beth could pursue her claim

A)in a court.
B)in an arbitration proceeding.
C)nowhere.
D)anywhere.

Question 11

Marshal is interested in filing for bankruptcy in the U.S.Bankruptcy Court for the District of New Mexico but does not have an attorney.Marshal and others with questions about bankruptcy can access a chat box via the court's Web site.Downsides to using the box include

A)misunderstanding the response.
B)garbled voice messages.
C)the absence of attorneys and other bankruptcy specialists online.
D)the long wait time for an answer.

Question 12

Fleet Feet, an online travel company, buys blocks of rooms from Grande Hotel, a hotel in Hyper City, at a wholesale rate.Fleet Feet resells the rooms to consumers at a retail rate.One recent effort by cities to collect taxes from e-commerce has focused on

A)hotels that sell blocks of rooms at wholesale rates.
B)non-resident consumers who reserve rooms in in-state hotels.
C)online travel companies.
D)the dire financial straits of the cities during the latest recession.