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Question: The plaintiff, while driving a pickup manufactured


The plaintiff, while driving a pickup manufactured by the defendant, was struck in the rear by another motor vehicle. Upon impact, the plaintiff’s head was jarred backward against the rear window of the cab, causing the plaintiff serious injury. The pickup was not equipped with a headrest, and none was required at the time. Should the plaintiff prevail on a cause of action based upon strict liability in tort? Why? Why not?


> What are the advantages of using a journal in the recording process?

> “The use of a bank contributes significantly to good internal control over cash.” Is this true? Why or why not?

> What is the essential feature of an electronic funds transfer (EFT) procedure?

> (a) What is a voucher system? (b) What principles of internal control apply to a voucher system?

> Ken Deangelo Company’s internal controls over cash disbursements provide for the treasurer to sign checks imprinted by a check-writing machine in indelible ink after comparing the check with the approved invoice. Identify the internal control principles

> “To have maximum effective internal control over cash disbursements, all payments should be made by check.” Is this true? Explain.

> At Kellum Wholesale Company, two mail clerks open all mail receipts. How does this strengthen internal control?

> What principle(s) of internal control is (are) involved in making daily cash counts of over-the-counter receipts?

> What internal control objectives are met by physical controls?

> A local bank reported that it lost $150,000 as the result of an employee fraud. Edward Jasso is not clear on what is meant by an “employee fraud.” Explain the meaning of fraud to Edward and give an example of frauds that might occur at a bank.

> “The selection of an inventory cost flow method is a decision made by accountants.” Do you agree? Explain. Once a method has been selected, what accounting requirement applies?

> Juana Perez is the owner of a successful printing shop. Recently, her business has been increasing, and Juana has been thinking about changing the organization of her business from a proprietorship to a corporation. Discuss some of the advantages Juana w

> Describe the parts of a T-account.

> What are the components of a hospital’s net patient service revenue?

> Select the correct response for each of the following. (Note: The following data are for items 1 through 3.) Under its established rate structure, Dodge Hospital would have earned patient service revenue of $5,000,000 for the year ended December 31, 2

> 1. Which of the following statements is correct? I. I n the government wide financial statements, internal service fund activities are reported in the Governmental Activities column. II. The total balance for the governmental funds that is reported

> What is the basis of accounting in a hospital’s general fund? In its restricted funds?

> 1. Which of the following accounts could be included in an enterprise fund’s statement of net position? 2. Customers’ meter deposits that cannot be spent for normal operating purposes would most likely be classified

> Select the correct answer for each of the following. 1. On December 31, 20X1, Tiffin Township paid a contractor $2,000,000 for the total cost of a new firehouse built in 20X1 on township-owned land. Financing was by means of a $1,500,000 general obl

> 7. On the statement of net position prepared at June 30, 20X5, what amount should be reported for total net position? a. $8,839,000. b. $7,804,000 c. $7,150,000 d. $8,189,000 8. On the statement of net position prepared at June

> Should a rotary club, an ONPO, report depreciation expense? Why or why not?

> Select the correct response to each of the following. 1. The government wide financial statements use the a. Economic resources measurement focus and the accrual basis of accounting. b. Current financial resources measurement focus and the accrual

> The numbered items on the left consist of a variety of transactions and events that occurred in the capital projects and debt service funds of Walton City for the year ended June 30, 20X9. Items A, B, and C on the right represent three categories that ar

> The numbered items on the left consist of a variety of transactions that occurred in Jeffersen City’s water utility enterprise fund for the year ended June 30, 20X9. Items A, B, C, and D on the right represent the four categories of cas

> The numbered items on the left consist of a variety of transactions that occur in a municipality. The lettered items on the right consist of various ways to record the transactions. Select the appropriate method for recording each transaction. Some trans

> Mountain View City is preparing its government wide financial statements for the year. As of the year-end, the city has determined the following information for its capital assets, exclusive of its infrastructure assets: 1. On the government wide state

> 1. Which basis of accounting should a voluntary health and welfare organization use? a. Cash basis for all funds. b. Modified accrual basis for all funds. c. Accrual basis for all funds. d. Accrual basis for some funds and modified ac

> On August 1, 20X6, the City of Rock haven received $1,000,000 from a prominent citizen to establish a private-purpose trust fund. The donor stipulated that the cash be permanently invested and that the earnings from the investments be spent to support lo

> Do agency funds have a net fund balance? Why or why not?

> What is a VHWO’s basis of accounting for unrestricted assets and restricted assets?

> Is depreciation accounted for by a hospital? Why or why not?

> Where is a gain on the sale of hospital properties recorded by a hospital? How is the gain reported in the hospital’s financial statements?

> 1. For the summer session of 20X2, Pacific University assessed its students $1,700,000 (net of refunds) covering tuition and fees for educational and general purposes. However, only $1,500,000 was expected to be realized because scholarships totaling $15

> Smith was approached by a man who introduced himself as Brown of Brown & Co. Smith, who did not know Brown, asked Dun & Bradstreet for a credit report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co. “Brown” turned out to be a

> Franco, a New York dealer, purchased twenty-five barrels of specially graded and packed apples from a producer at Hood River, Oregon under a contract that specified an agreed price on delivery at Franco’s place of business in New York. The apples were sh

> Farber owned a quantity of corn that was stored in a corncrib located on Farber’s farm. On March 12, Farber wrote a letter to Barber stating that he would sell to Barber all of the corn in this crib, which he estimated at between nine hundred and one tho

> Brown contracted to buy sixty cases of Lovely Brand canned corn from Smith, a Toledo seller, at a contract price of $1,260. Based on the contract, Smith selected and set aside sixty cases of Lovely Brand canned corn and tagged them “For Brown.” The contr

> On May 10, the Adair Company, acting through one Brown, entered into a contract with Clark for the installation of a milking machine at Clark's farm. Following the enumeration of the articles to be furnished, together with the price of each article, the

> Regan received a letter from Chase, the material portion of which stated, “Chase hereby places an order with you for fifty cases of Red Top Tomatoes. Ship them C.O.D.” As soon as he received the letter, Regan shipped the tomatoes to Chase. While en route

> Mike Moses purchased a mobile home, including installation, from Gary Newman. Newman delivered the home to Moses’s lot. Upon inspection of the home, Moses’s fiancée found a broken window and water pipe. Moses also had not received keys to the front door.

> Fred Lane, who sells boats, motors, and trailers, sold a boat, motor, and trailer to John Willis in exchange for a check for $6,285. The check was not honored when Lane attempted to use the funds. Willis subsequently left the boat, motor, and trailer wit

> Home Indemnity, an insurance company, paid one of its insureds after the theft of his car. The car reappeared in another state and was sold to Michael Schrier for $8,300 by a used car dealer. The dealer promised to give Mr. Schrier a certificate of title

> McCoy, an Oklahoma cattle dealer, orally agreed with Chandler, a Texas cattle broker, to ship cattle to a New Mexico feedlot for delivery to Chandler. The agreement was for six lots of cattle valued at $119,000. After McCoy delivered the cattle, he prese

> On December 2, 2015, Miles executed and delivered to Proctor a negotiable promissory note for $1,000, payable to Proctor or order due March 2, 2016, with interest at 14 percent from maturity, in partial payment of a printing press. On January 3, 2016, Pr

> A seller had manufactured forty thousand pounds of plastic resin pellets especially for a buyer, who agreed to accept them at the rate of one thousand pounds per day upon his issuance of shipping instructions. Despite numerous requests by the seller, the

> Johnson, who owns a hardware store, was indebted to Hutchinson, one of his suppliers. Johnson sold his business to Lockhart, one of Johnson’s previous competitors. Lockhart combined the inventory from Johnson’s store with his own and moved the combined i

> On February 7, Pillsbury purchased eight thousand bushels of wheat from Landis. The wheat was being stored at the Greensville Grain Company. Pillsbury also intended to store the wheat with Greensville. On February 10, the wheat was destroyed. Landis dema

> Justin told Jennifer he wished to buy Jennifer’s collection of antique watches. He told Jennifer he wanted to take the watches to his partner for evaluation. Justin then left with the watches and never returned. Justin sold the watches in another state t

> Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night o

> The plaintiff brings this cause of action against a manufacturer for the loss of his leg below the hip. The leg was lost when caught in the gears of a screw auger machine sold and installed by the defendant. Shortly before the accident, the plaintiff’s c

> Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car. The car was manufactured by the Ange Motor Company and was purchased by Hart’s from Jammer, Inc., an automobile importer. Lyon was dri

> Testator gives property to Timothy in trust for Barney’s benefit, providing that Barney cannot assign or pledge future trust income. Barney borrows money from Linda, assigning his future income under the trust for a stated period. Can Linda obtain any ju

> Under an oral agreement, Hyer rented from Bateman a vacant lot for a filling station. Hyer placed on the lot a lightly constructed building bolted to a concrete slab and several storage tanks laid on the ground in a shallow excavation. Later, Hyer prepar

> Graham owns a building having a fair market value of $120,000. She takes out a fire insurance policy from the Bentley Insurance Company for $72,000; the policy contains an 80 percent co-insurance clause. The building is damaged by fire to the extent of $

> On July 15, Adler purchased in Chicago a Buick sedan, intending to drive it that day to St. Louis, Missouri. He telephoned a friend, Maruchek, who was in the insurance business, and told him that he wanted liability insurance on the automobile, limited i

> Seindenberg and Hutchinson (the site owners) leased a four-acre tract of land (the Bluff Road site) to a chemical manufacturing corporation (COCC). While the lease initially was for the sole purpose of allowing COCC to store raw materials and finished pr

> Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant. The lower court found that the plant constitut

> Frank finds Thomas’s wallet, which contains many credit cards and Thomas’s identification. By using Thomas’s identification and VISA card, Frank goes on a shopping spree and runs up $5,000 in charges. Thomas does not discover that he has lost his wallet

> Jane Jones, a married woman, applies for a credit card from Exxon but is refused credit. Jane is bewildered as to why she was turned down. What are her legal rights in this situation?

> Central Adjustment Bureau allegedly threatened Consumer with a lawsuit, service at his office, and attachment and sale of his property in order to collect a debt, although it did not intend to carry out the threat and did not have the authority to commen

> John purchased for cash a Revenge automobile manufactured by Japanese Motors, Ltd., from an authorized franchised dealer in the United States. The dealer told John that the car had a “twenty-four month 24,000-mile warranty.” Two days after John accepted

> Discount is a discount appliance chain store that continually sells goods at a price below manufacturers’ suggested retail prices. A, B, and C, the three largest manufacturers of appliances, agree that unless Discount ceases its discount pricing, they wi

> Ryan Corporation manufactures and sells a variety of household cleaning products in interstate commerce. On national television, Ryan falsely advertises that its laundry liquid is biodegradable. Has Ryan violated the Lanham Act?

> Smith, while in the course of his employment with the Bee Corporation, negligently ran the company’s truck into Williams, injuring him severely. Subsequently, the Bee Corporation and the Sea Corporation consolidated, forming the SeaBee Corporation. Willi

> A corporation is formed for the purpose of manufacturing, buying, selling, and dealing in drugs, chemicals, and similar products. The corporation, under authority of its board of directors, contracted to purchase the land and building it occupied as a fa

> The Pyro Corporation has outstanding 20,000 shares of common stock, of which 19,000 are owned by Peter B. Arson; 500 shares are owned by Elizabeth Arson, his wife; and 500 shares are owned by Joseph Q. Arson, his brother. These three individuals are the

> Grant, Arthur, and David formed a partnership for the purpose of betting on boxing matches. Grant and Arthur would become friendly with various boxers and offer them bribes to lose certain bouts. David would then place large bets, using money contributed

> Clark, who owned a vacant lot, and Bird, who was engaged in building houses, entered into an oral agreement by which Bird was to erect a house on the lot. Upon the sale of the house and lot, Bird was to have his money first. Clark was then to have the ag

> Smith, Jones, and Brown were creditors of White, who operated a grain elevator known as White’s Elevator. Heavily in debt, White was about to fail when the three creditors agreed to take title to his elevator property and pay all the debts. It was also a

> The Department of Energy (DOE) issued a subpoena requesting information regarding purchases, sales, exchanges, and other transactions in crude oil from Phoenix Petroleum Company (Phoenix). The aim of the DOE audit was to uncover violations of the Emergen

> Jonnel Enterprises, Inc., contracted to construct a student dormitory at Clarion State College. On May 6, Jonnel entered into a written agreement with Graham and Long as electrical contractors to perform the electrical work and to supply materials for th

> While Butler and his wife, Wanda, were browsing through Sloan’s used car lot, Butler told Sloan that he was looking for a safe but cheap family car. Sloan said, “That old Cadillac hearse ain’t hurt at all, and I’ll sell it to you for $5,950.” Butler said

> Marcus issues a negotiable promissory note payable to the order of Parish for the amount of $3,000. Parish raises the amount to $13,000 and negotiates it to Hilda for $12,000. (a) If Hilda is a holder in due course, how much can she recover from Marcus?

> Anthony lends money to Frank, who dies without having repaid the loan. Frank’s widow, Carol, promises Anthony to repay the loan. Upon Carol’s refusal to pay the loan, Anthony brings suit against Carol for payment. Is Carol bound by her promise to pay the

> Consider the facts in problem 8 but assume that the price was $350. Assume further that Benson wishes to avoid the contract based on the allegation that Carl befriended and tricked him into the purchase. Discuss.

> Daniel, while under the influence of alcohol to the extent that he did not know the nature and consequences of his acts, agreed to sell his 2013automobile to Belinda for $13,000. The next morning when Belinda went to Daniel’s house with the $13,000 in ca

> Rose, a minor, bought a new Buick Riviera from Sheehan Buick. Seven months later, while still a minor, he attempted to disaffirm the purchase. Sheehan Buick refused to accept the return of the car or to refund the purchase price. Rose, at the time of the

> Amos orally agrees to hire Elizabeth for an eight-month trial period. Elizabeth performs the job magnificently, and after several weeks Amos orally offers Elizabeth a six-month extension at a salary increase of 20 percent. Elizabeth accepts the offer. At

> Virginia induced Charles to sell Charles’s boat to Virginia by misrepresentation of material fact on which Charles reasonably relied. Virginia promptly sold the boat to Donald, who paid fair value for it and knew nothing concerning the transaction betwee

> Henry and Wilma, an elderly immigrant couple, agreed to purchase from Harris a refrigerator with a fair market value of $450 for twenty-five monthly installments of $60 per month. Henry and Wilma now wish to void the contract, asserting that they did not

> Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is eit

> Sam Sharpe executed and delivered to Don Dole the following instrument: Knoxville, Tennessee May 29, 2015 Thirty days after date I promise to pay Don Dole or order Five Thousand Dollars. The holder of this instrument shall have the election to require th

> Pablo agreed to lend Marco $500. Thereupon Marco made and delivered his note for $500 payable to Pablo or order “ten days after my marriage.” Shortly thereafter Marco was married. Is the instrument negotiable? Explain.

> A route salesperson for Ideal Milk Company delivered a half-gallon glass jug of milk to Allen’s home. The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury.

> Explain whether the following instrument is negotiable. March 1, 2015 One month from date, I, James Jimson, hereby promise to pay Edmund Edwards: Six Thousand, Seven Hundred Fifty ($6,750.00) Dollars, plus 8 ¾ % interest. Payment for cutting machines to

> Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check, “Payable to Elizabeth East, (signed) Betty Brown.” What rights, if any, does Elizabeth acquire in the check?

> Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500. Bates indorsed the note, “Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,” and delivere

> Alpha issues a negotiable check to Beta payable to the order of Beta in payment of an obligation Alpha owed Beta. Beta delivers the check to Gamma without indorsing it in exchange for 100 shares of General Motors stock owned by Gamma. How has Beta transf

> Calvin uses fraud to induce Maria to promise to pay money in return for goods he has delivered to her. Has a contract been formed? If so, what kind? What are the rights of Calvin and Maria?

> Jonathan writes to Willa, stating “I'll pay you $150 if you reseed my lawn.” Willa reseeds Jonathan's lawn as requested. Has a contract been formed? If so, what kind?

> The FTC brings a deceptive trade practice action against Beneficial Finance Company based on Beneficial’s use of its “instant tax refund” slogan. The FTC argues that Beneficial’s advertising a tax refund loan or instant tax refund is deceptive in that th

> The stock in Hotel Management, Inc., a hotel management corporation, was divided equally between two families. For several years the two families had been unable to agree on or cooperate in the management of the corporation. As a result, no meeting of sh

> Upon George Welch’s death, he was survived by his third wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in very poor health and he relied on Dorothy to care for him. Ge

> Playtime Theaters and Sea-First Properties purchased two theaters in Renton, Washington, with the intention of exhibiting adult films. About the same time, they filed suit seeking injunctive relief and a declaratory judgment that the First and Fourteenth

> John Doe purchased a bottle of “Bleach-All,” a well-known brand, from Roe’s combination service station and grocery store. When John used the “Bleach-All,” his clothes severely deteriorated due to an error in mixing the chemicals during the detergent’s m

> On June 30, 2006, Martin Hendrickson and Solveig Hendrickson were married, and on January 3, 2007, a home previously owned by Martin was conveyed to them as joint tenants and not as tenants in common. Solveig Hendrickson paid no part of the consideration

> The plaintiffs are public utilities providing telecommunications services in New Hampshire. The plaintiffs commenced separate actions for abatement of real estate taxes against sixteen municipalities. The plaintiffs disputed the defendants’ treatment of

> The Commercial Office of Spain hired Enrique Segni to develop a market for Spanish wines in the U.S. Midwest. The Commercial Office is an arm of the Spanish government. Seven months later, Segni was fired, whereupon he filed a lawsuit in a U.S. district

> When considering an application for a special use permit to develop and operate a ski resort at Sandy Butte, a mountain in Washington that is part of a national forest, the Forest Service prepared an environmental impact statement (EIS). The EIS recommen

> Kevin Miller, bought a house in Atlanta in 2007 and took out a mortgage. He lived in the house until 2010, when he accepted a job in Chicago; from then on, he rented the house. He received a letter demanding payment from a law firm on behalf of the mortg

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