Daniel is the owner of a chain of shoe stores

1. Daniel is the owner of a chain of "high end" shoe stores. He hires Martino as a manager of anew store, which is to be open in Inverness, Florida. Daniel, pursuant to a written contract,agrees to pay Martino a monthly salary. In addition, Daniel and Martino have agreed to an 8020% split in profits. Without Daniel’s knowledge, Martino represents himself to Cathy as Daniel’spartner, telling Cathy about the agreement to share profits. Cathy extends credit to Martino, whodefaults. Cathy now seeks to hold Daniel liable as a partner. Which is the most accuratestatement about Cathy’s lawsuit against Daniel?A. Cathy prevails since Martino represented himself as a partner.B. Cathy prevails since Martino got part of the profits of the business which automaticallymakes him a partner.C. Daniel prevails since being the manager of a store is the legal equivalent of being apartner.D. Daniel prevails since Martino was merely an employee and not a partner.2. Shareholders of X Investment Corporation believe their corporation was harmed when thedirectors followed the advice of certain financial "experts" who advised them to have thecorporation invest in mortgage backed securities. The shareholders want the directors to bringsuit in the corporation’s name against these so-called experts; but the directors refuse to do sosaying the lawsuit would be costly and a difficult one to win. Nonetheless, the shareholders wantthe corporation to sue. The shareholder’s best approach would be to institute:A.B.C.D.A pooling agreement.A voting trustA shareholder derivative lawsuitCumulative voting.3. Fran is in Green’s Grocery Store when a bottle of Hi Cola on a nearby shelf explodes,injuring her. She can recover from the manufacturer of Hi Cola if she can show thatA.B.C.D.she did not assume the risk of the explosive bottle of Hi Cola.she intended to buy the explosive bottle of Hi Cola.she was injured due to a defect in the product.the manufacturer failed to use the highest degree of care in making the bottle of HiCola.4. Billie, a woman, is paid by her employer 15% less than men of equivalent experience andcapability performing the same job for the employer. Billie’s employer likely is:A. In violation of Title VII of the Civil Rights Act.B. In violation of the Equal Pay Act.C. Both a. and b.D. Not in violation of civil rights laws if the employer can show that the male employeesare the primary "bread-winners" of their families whereas Billie, who is single, does not have anyfamily responsibilities.5. Big Oil Company requires that all employees when working on an oil rig in its Gulf of Mexicoholdings must speak English to enhance communication, for safety reasons, and so rigforeman-woman can do their supervisory jobs. Big Oil Company has notified the employees ofthe policy, given them time to adapt, and will provide English language training to thoseemployees whose English language skills are poor. Also, while the employee are on the rig butnot working, that is, in the cafeteria, dormitory, and "break" rooms, they can speak any languagethey want, though the company has advised them to be inclusive of their fellow employees. BigOil Company is likely acting how?A. Illegally since language discrimination in the form of English-only policies is always aTitle VII violation since people have the civil right to speak their primary language at all timesand places.B. Illegally since language discrimination is illegal discrimination in all cases under TitleVII of the Civil Rights Act.C. Legally since there was a legitimate reason for the policy and it was graduallyadopted.D. Legally but only if the primary non-English language spoken by the majority of thenon-English-speaking employees which was prohibited was Spanish, whereas other "foreign"languages not as frequently heard were permitted.6. Fran buys a franchise from Global Services, Inc. In their agreement, Global may specifyA. requirements for the business form of the organization only.B. standards of operation only.C. requirements for the form of business and standards of operation.D. none of the above.7. Home Interiors, Inc. (HII), tells Jan, whose business is purchasing for others, to select andbuy $200 worth of certain goods and ship them to HII’s office. Jan buys the goods from BrandName Products Store and ships them as di¬rected, keeping an account for the expense in HII’sname. HII and JanA. do not have an agency relationship, because Jan’s business is buying for others.B. do not have an agency relationship, because Jan did not indicate that she was acting forBaron.C. do not have an agency relationship, because their agreement is not in writing.D. have an agency relationship.8. Carl holds himself out as a partner of Delta Associates, a partnership, even though he has noconnec¬tion to the firm. Carl obtains a loan based on the misrepresentation. Carl’s default onthe loan results inA. Carl and Delta’s joint liability for the amount.B. Carl’s sole liability for the amount.C. Delta’s sole liability for the amount.D. neither Carl’s nor Delta’s liability.