Which of the Following Was the Result on Appeal in the Case

question 6

Multiple Choice

Which of the following was the result on appeal in the case of Lakeland Enterprises of Rhinelander Inc.,v.Chao,the case in the text involving whether the constitutional rights of the defending sewer and water contractor were violated following an inspection by an OSHA officer resulting in the issuance of citations?

• A) That the contractor waived any protection involving the requirement of a search warrant under the Fourth Amendment by not objecting to the inspection at issue.
• B) That protections under the U.S. Constitution are not available when administrative agency action is at issue.
• C) That protections under the U.S. Constitution are only available when administrative agency action is at issue if incarceration is at issue.
• D) That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, and that the citations were invalid.
• E) That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, but that the citations would not be revoked because employee safety was involved.

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Definitions:

Course of Performance

A term referring to the conduct between parties that is used to interpret their agreement within their ongoing business relationship.

Usage of Trade

Established practices or methods of dealing regularly observed in a particular industry or trade.

Commercially Impracticable

A condition in contractual agreements indicating that fulfilling the contract has become excessively burdensome or impossible due to unforeseen events.

Perfect Tender Rule

A legal principle requiring the seller to deliver goods in accordance with the terms exactly as specified in the contract, without any deviation.