Reference - Skateboard Growth

question 71

Multiple Choice

Reference - Skateboard Growth. Both Bernie and John were presidents of small businesses manufacturing and selling skateboards. Bernie's store was called "Skateboard City" and John's business was called "Skateboard for Health." Because a large sports store was coming into town, they, along with the boards of directors decided that it would be a good idea to combine the businesses. They decided to retain the name "Skateboard for Health" and simply amend the articles of consolidation. Bernie was concerned, however, with the change because he was contemplating filing a lawsuit against Hank who had purchased 10 custom skateboards and had not paid for them. He was excited, however, about the prospect of not being liable for a lawsuit he expects to be filed by Greg who fell when a wheel came off on a skateboard sold by Bernie's corporation resulting in a serious ankle sprain and medical bills. After investigation, Bernie is aware that the wheel was negligently attached to the skateboard. Bernie told John that one reason he wanted to retain John's name was to prevent Greg from being able to recover against him. Which of the following is true regarding Bernie's belief that Greg will be unable to collect anything for the accident after the joinder of the businesses?

• A) Bernie is correct that Greg will be unable to win in litigation against the surviving company so long as the joinder is completed before Greg files the lawsuit.
• B) Bernie is correct that Greg will be unable to win in litigation against the surviving company regardless of whether the lawsuit occurs before or after the joinder as long as no judgment is entered prior to the joinder.
• C) Bernie is correct that Greg will be unable to sue the surviving company unless Greg files in court an objection to the joinder and prevails.
• D) Bernie is correct that Greg will be unable to win in litigation against the surviving company unless Greg can establish fraud in connection with the joinder.
• E) Bernie is incorrect, and the joinder will have no effect on the lawsuit.

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A process in behavioral psychology used to establish a new response to a stimulus by association with a secondary stimulus.

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