Need help with questions 62 thru 65. MBA 5005 legal questions . Thank you e Uind
ID: 330210 • Letter: N
Question
Need help with questions 62 thru 65. MBA 5005 legal questions . Thank youe Uinder the Uniform Computer Information Transactions AUCIAI a. The user of the electronic agent would not be liable for the agncmce b. The user of the electronic agent would be liable foe the agnment oif the exideoss ould bh established that the user had an opportunity to look over the agreomoot and cnce iiahin a reasonable length of time. c. The use of the electronic agent would be liable for the agrecment d. The user of the electronic agent would be liable foe the agreement only if the usce was a merchant in respect to goods or services of the type purchased by the agcc ANSWER 63. Under the theory of its employee, even if a manager told the employee not to violate the law. , a company can be held liable for violations a. vicarious liability, civil b. aided-in-the-agency, civil c. vicarious liability, criminal d. disclosure of principal, civil ANSWER 64. Which of the following is true regarding respomdeat saperior? a. Under that theory, a principal may be liable for not only the contracts but also the s o agents. b. Under that theory, a principal may be liable for only the contracts of its agoots ue the sots c. Under that theory, a principal may be liable for only the torts of ias ageots t the cootss d. Under that theory, a principal may not be held liable fovr either the conirts or ss o agent unless the principal expressly authorize the agent's astions ANSWER 65. In CASE 5.2 EBC I. Inc. v. Goldmon Sacks&Co.; (2005) the plainifts claiimed thal S breached a fiduciary duty in acting as an underw riter and in providing advise tweoys the ets predecessor, in regard to an initial public offering of stock How did the court ule and wh a. The court dismissed the case on the basis that Goldman Sachs as an underwnier could considered a fiduciary based on its role in the transactions at issuc b. The court refused to order a dismissal of the plaintiffs claim and found that Can Site failure to disclose a material conflict of interest established a claim foe becach ofa duty the transaction so long as no actual misrepresentations were made so the plaineils could be held liable bused on material misreprescolations made so the plaisseading c. The court dismissed the case because Goldman Sachs had every righs o muke a pewit oue o d. The court refused to order a dismissal of the plaintift's claim and found thai Co be value of the stock involved in the initial public offering ANSWER
Explanation / Answer
Question:- Under the Uniform Computer Information Transactions Act, what would be the result if an electronic agent agrees to a click-wrap agreement?
Answer:- the use of electronic agent would be liable for the agreement
Reason:- a click-wrap agreement is mainly drive by the use of electronic agent.
Question:- Under the theory of ______, a company can be held liable for violations of civil law by its employee, even if a manager told the employee not to violate the law.
Answer:- vicarious liability, civil law
Reason:- vicarious liability theory makes the company responsible for any kind of violation of civil laws by the employee.
Question:- which of the following is true regarding respondeat superior
Answer:- under that theory, a principal may be liable for not only the contracts but also the acts of its agents
Reason:- respondeat superior indicates that the employer will be responsible for the acts of employees
Question:- The correct option is:-
Answer:- the court refused to order a dismissal of the plaintiff's claim and found that the Goldman Sachs could be held liable based on the material misrepresentations made to the plaintiffs regarding the valued of the stock involved in the initial public offerings.
Reason:- the court refused to order a dismissal of the plaintiff’s claim and found that Goldman Sachs' failure to disclose a material conflict of interest established a claim for breach of fiduciary duty
Reason:- Before making any offerings, conflicts of interest must be avoided.
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