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Fact Pattern 39-LA DL C course of his employment, Niles disposes suthorizes Nile

ID: 382757 • Letter: F

Question

Fact Pattern 39-LA DL C course of his employment, Niles disposes suthorizes Niles, its employee, to coversee its timber operstion In the of the operation's waste illegally Orson is a Mountaintop 38. Refer to Fact Patern 39-1A. Liability for Niles's act most likely rests with Orson to a the proportionate extent of the number of shares Orson owns. b no extent c the amount of Orson's investment in the firm d. the full extent to Fact Pattern 39-1A. With respect to Mountaintop and Niles, liability for this crime most likely rests with a. Niles only b. Mountaintop only c Mountaintop and Niles d. neither Mountaintop nor Niles. 40. Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is a a foe simple absolute. b. license. d. a profit Fact Pattern 39-1B Bertram, Clsudia, and Dynah form Eat Local, Inc., a closely held corporation, and agree to restrict the transfer of its stock to anyone else. The agreement provides that if one of the shareholders dies, his or her shares of stock in Eat Local will be divided to maintain the proportionate control of the survivors. 41. Refer to Fact Pattern 39-1B. Later, Bertram dies. With respect to the stock transfer restriction agreement Bertram's death most likely voids the division provision only. b. invalidates the entire agreement c. triggers the division provision. d. violates the entire agreement. 42 Refer to Fact Pattern 39-1B. A reasonable purpose for a stock transfer restriction in a closely held corporation, like the agreement between Bertram, Claudia, and Dynah, is a a wish to restrict the transfer of the shareholders' physical assets. b. an attempt to restrain the free flow of commerce among investors. c. a desire to limit the participation of outsiders in the firm. d. a goal to restrain insiders from taking advantage of their position. Stable Hydraulics Corporation's articles list an incorrect address for its incorporator. Under this circumstance, Stable is most likely a a de facto corporation. b. a corporation by estoppel. c. ultra vires d. a de jure corporation. 43.

Explanation / Answer

Ans.38:- the correct Answer:- A-the proportionate extent of the number of shares Orison.

Reason:- Shareholders have the responsibility equal to the number of shares held by them.

Answer 39:- The correct Answer:- C:- Mountaintop and Niles

Reason:- under the doctrine of "respondeat superior" for the negligent acts or omissions by their employees, employers are also liable.

Answer 40:- The correct Answer is:- easement

Reason:- easement can be seen as a right to cross or otherwise use someone else's land for a specified purpose.

Answer 41:- the correct Answer:- C:- triggers the division provision

Reason:- Division provision will initiate as per the agreement made by the members.

Answer 42:- The correct Answer is:- C:- A desire to limit the participation of outsiders in the firm