Exam 15: Purchasing Law and Ethics

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Which of the following is Falseregarding the acceptance and rejection of goods?

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B

Price fixing, dividing territories among competitors, and agreements that limit the supply of a commodity are violations of the Foreign Corrupt Practices Act.

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False

If the terms of the buyer's purchase order and the supplier's acceptance or acknowledgement conflict, all of the terms of both the purchase order and the acceptance become part of the resulting contract including the conflicting terms and conditions.

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False

A/An _____ is a set of promises between two or more parties the performance of which the law expects, the breach of which the law provides remedies.

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On _____, the freight bill is presented on the effective day of delivery.

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Purchasing managers cannot be held personally liable for their damaging and illegal activities even if they perform them with the authority of their firm.

(True/False)
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Copyright law requires a formal application, as does patent law.

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_____ is money the plaintiff was hoping to gain from the contract.

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The _____ is typically considered a _____ for the buying firm.

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_____ is money the plaintiff actually paid to the defendant in connection with the contract.

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[A/An] _____ is any misrepresentation by a buyer that falls just short of actual fraud.

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_____ is the idea that organizations and institutions have an obligation to society that extends beyond compliance with regulations in considering the broader effects of their actions.

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When the goods delivered by the supplier are actually rejected by the purchaser because of nonconformance, the purchaser must provide notice to the supplier within 24 hours.

(True/False)
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The UCC allows the purchaser to only reject the entire shipment for cause.

(True/False)
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Betty goes into Mimi's Wholesale Video Store and says to Mimi, "I want to buy 500 DVDs of the Last Vegas movie from you. I will pay you $10 for each DVD." This is an example of [a/an] _____.

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A firm should not encourage suppliers to report instances of unethical behavior by anyone within the buying firm.

(True/False)
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_____ involves giving preferential treatment to suppliers that are also customers of the buying organization.

(Multiple Choice)
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_____ essentially describe who is responsible for the selection of a carrier, payment of the freight bill, and the method in which the title of goods passes between the purchaser and the supplier.

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Rather than change existing contract law, in 1999 the _____ adapted existing "paper and pencil" concepts to the electronic age, meaning that it makes electronic records equivalent to written documents and electronic signatures similar to handwritten signatures for legal purposes.

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A/An _____ provision stipulates the mechanism to be used in determining any costs and damages to the injured party in the event of a breach of contract.

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