Please read each question carefully.
For multiple choice questions,
select the best answer in order to
have the correct answer. I have made efforts to have no trick questions. Watch out for two-part questions. The
answer to the one essay question (#20)
should be concise (no greater than 250 words per answer), specific, and
to-the-point. APA format and references not required (except of course
where the reference/citation is the answer).
Long, rambling answers will result in lost points. Make sure you answer all the questions
(##1-20) on pages 1 through 6. (Note the “Page x of y” format for the page
number at the bottom. I try make sure
all exams and assignments have this format.)
- Agents are said to have
various types of authority.
Although there a number of labels for such authority, I would like
you to identify just three types of authority of agents.
Your Answer =>
2. What
is the generic term for the organization or individual to whom an agent owes
various duties and on whose behalf the agent acts? [Don’t be confused by government organizational
terminology.]
Your Answer =>
3. What
type of agent’s authority does not apply to government contracts or to any type
of government action?
Your Answer =>
4. (Two part question.) Which state has not
enacted the part of the UCC pertaining to the sales of goods? Why was it not enacted in that state?
Your Answer =>
5.
The UCC encourages parties to
reach agreements that meet their needs even if the terms of those agreements
differ from the provisions of the UCC.
However, four obligations may not be disclaimed or avoided by
agreement. Name one of those
obligations.
Your Answer =>
6.
Name the four essential
elements of an enforceable contract. I’m
looking for my preferred list but I will give full credit if you use another
one from the course materials. There are
various lists; just make sure you have included all of the necessary elements
(some lists require more than four elements).
Your Answer =>
7.
What two legally significant, sequential
actions by contract parties constitute an agreement?
Your Answer =>
8. [Two part question] What is the name of the compilation of all
federal regulations? In that
compilation, where can you find the rules for federal procurement?
Your Answer =>
9. Jimmy
John and Donna Jean are negotiating the purchase of their first house. Jimmy
John, fresh out of law school, assures his wife that Article 2 will protect
them even if the contract of sale doesn’t. Jimmy John is:
a. Correct as all of Article 2 of the UCC
covers real estate.
b. Incorrect as Article 2 does not cover
real estate.
c. Misinformed – it’s really Article 2A of
the UCC.
d. Going
to make a great contracts lawyer.
Your Answer =>
10. You
just lost a case before the US Court of Federal Claims and you want to appeal
the decision. To which court must you now
go? Be specific.
Your Answer =>
11.
Part of our common law legal
heritage from England is a statute enacted in the 17th Century that required
certain types of contracts to be in writing to be enforceable. Most states have enacted laws that cover a
similar issue in different ways. What is
the generic name of this type of statute that harks back to the old
English law?
Your Answer =>
12.
Under Commercial Law,
what type of contract must be in
writing to be valid? For an extra point, correctly cite a statutory
section specifying this requirement.
Your Answer =>
13.
An offer can be accepted by a
writing (which could include letters, faxes, emails, or text messages) or
orally. Besides those ways to accept an
offer, what other ways can an offer be accepted? Please name at least one of those other ways.
Your Answer =>
14. (Two-part
question) ABC Corporation sends XYZ
Ltd. a purchase order for $100,000 worth of goat cheese. The purchase order
contains numerous terms and conditions. XYZ sends ABC an acknowledgment form
with XYZ’s terms and conditions. XYZ’s form (but not ABC’s form) provides for
arbitration if there is a dispute, and limits XYZ’s liability to $50,000. As a
result, the parties’ terms conflict. What is the colloquial term for situation? What generic UCC reference addresses this
situation? (I am not looking for what the outcome of the situation might be,
e.g., whose terms prevail or how the UCC might apply.)
Your Answer =>
15. You
are a Contracting Officer for the Coast Guard. A solicitation is being prepared
for bids to build a new prototype all-electric cutter for the Coast Guard. Your
first impression is to use a cost-plus contract. You know, however, that there
is one type of cost-plus contract that you legally cannot use. That
illegal type of contract is:
a. Cost plus
a fixed fee
b. Cost
plus incentive fee
c. Time
and Materials
d. Cost
plus a percentage of cost
Your Answer =>
16. You
receive an email from Fozzie Bear, allegedly an employee of Her Majesty’s
Imperial Bank in Brisbane, Australia. He informs you that he is the bank’s head
auditor, and has isolated a long dormant account in the amount of
US$4,552,155.24. He further informs you that the accountholder died many years
ago without any heirs. With the assistance of another employee, he tells you
that he can arrange for a transfer of the funds to your US account. In return
for his services, he only asks for a 20% fee. If you accept Fozzie’s offer,
will you have an enforceable contract under US law?
a. Yes, but I would want a written
agreement.
b. Yes, we’ll both get consideration out
of the arrangement.
c. No,
the subject matter of this contract is probably illegal under US law.
d. Yes, but only if I give the money to
charity.
Your Answer =>
17. The
Federal Acquisition Regulation has very specific requirements for government
contractors regarding, among other thingts, equal employment opportunity (EEO)
obligations. FAR Subpart 22.8 implements the specific legal requirement obligating
federal contractors to implement EEO obligations. That specific legal
requirement is identified as:
a. The Equal Employment Opportunity Act of
1972
b. Executive Order 11246 of
September 24, 1965
c. Fair Employment Act of August 20, 1951
d. Buy American Act of July 26, 1962
Your Answer =>
18. [Two part question] You are negotiating a multi-million dollar,
sole source contract for your employer, a federal government agency. The offeror/contractor, as part of its cost
justification, gives you various quotes from proposed subcontractors and
certifies that this information is current, complete and accurate. On the basis of this information, you reach
an agreed to price and the contract is awarded.
In a post award audit, several lower subcontractor quotes are discovered
in the contractor’s purchasing office files.
What is the name of the
federal statute that gives the government the right to get a price adjustment
in this case? (Either the old name or
the newer name is acceptable.) There are
two US Code references for this
law. Give me oneof those references.
Your Answer =>
19. A
government bidder or offeror can file a protest against a federal agency’s
procurement actions both before and after a contract award. Name the three venues in which the contractor
can file such a protest.
Your Answer =>
20. Pamela
goes to rent a limo. She makes a reservation online after reading the website.
The website says “In order the meet the needs of our clients, we require
at least 24 hours notification of a cancelled reservation. If we are unable to
receive adequate notification, a cancellation fee of 50% will be
applied.” She then receives an
email confirmation which states “A cancellation fee of 50% of the total
contract amount becomes Non-refundable 7 days prior to the scheduled pick up
date for reservations on non-peak days.” Clearly these two provisions are
in conflict with each other. So, is the
cancellation period 24 hours or 7 days?
In analyzing this scenario, identify which event is the offer and which
is the acceptance. The problem is what
document controls the question of cancellation.
State briefly how you came to your conclusion.
Your Answer =>
