BA 325: Exam 2 question prep
Before being transported, hazardous waste produced by the operations of Fabrication Inc. must be properly labeled and packaged under the Resource Conservation and Recovery Act by
Fabrication Inc.
A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.
False
A person who wrongfully hurts another's good name or reputation orally may be liable for libel.
False
Certain business processes are patentable.
True
Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely
void.
Sylvia, a Portland musician, hears a recording by Blake, another Portland artist, that has clearly copied one of Sylvia's songs. Sylvia has played the song live multiple times in town but has not recorded it. Copyright protection belongs to
Blake.
A request to negotiate is an offer.
False
A valid contract is by definition an enforceable contract.
False
After buying a used car from Wendy, Steven learns that the car had been in an accident. Steven hadn't asked about that, and Wendy hadn't mentioned this fact during their negotiation. Had Steven known this, he would not have bought the car. Thus, the contract is unenforceable due to fraud.
False
Because product defects are due to manufacturing errors, manufacturers and not sellers are liable for harms to consumers.
False
In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.
False
In determining "causation in fact," the courts consider the foreseeability of injury.
False
In legal terms, "real property" refers to tangible goods as opposed to intellectual property.
False
Only federal agencies are authorized to enforce federal environmental laws.
False
Only the federal government provides for the registration of trademarks.
False
Pricing information is not a trade secret.
False
Sally buys a used bike from a local bike shop. It turns out the bike was stolen and then sold to the shop. Because Sally bought the bike legitimately, the shop, and not Sally herself, is liable for conversion.
False
Service marks are not protected in the same way as trademarks.
False
Strict liability is imposed only for an act that departs from a reasonable standard of care.
False
The United States can prosecute foreign counterfeiters under U.S. law.
False
The original taking of personal property without permission is conversion, and wrongfully retaining the property is trespass.
False
The standard of reasonable care for a professional is the same as that of an ordinary person.
False
To hold businesses accountable for cleanup costs under Superfund, the EPA must show that the defendants failed to exercise "due care."
False
Under the innocent landowner defense, the new owners of property are shielded from hazardous waste liability as long as they didn't know about the waste at the time of purchase.
False
Using "puffery" can be grounds for liability based on fraud.
False
When the Environment Protection Agency increases its clean water requirements through new regulations, existing factories must immediately install "best available control technology" to limit pollution.
False
Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on
MC, National Sales, or Open Road.
Under the ____________, a US company wishing to register its trademark abroad can submit a single application.
Madrid Protocol
A business that believes a federal agency's action threatens the environment can use an environmental impact statement as a means to challenge it.
True
A contract that is voidable by one party is unenforceable by the other party.
True
A descriptive term is protected under trademark law if it acquires a secondary meaning.
True
A false statement about a person's business can give rise to liability for defamation.
True
A patent applicant must demonstrate that an invention is useful to receive a patent.
True
A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.
True
According to Albert Carr in the article "Is business bluffing ethical?," a poker player who, while abiding with the rules of the game, finds ways to put other players at an unfair disadvantage is unethical.
True
According to Superfund rules, a person who generated only a fraction of the hazardous waste can be held liable for all of the cleanup costs.
True
An environmental impact statement includes a formal analysis of the impact of any major federal action that will significantly affect the environment.
True
Arbitrary and fanciful trademarks are sometimes considered to be the most distinctive trademarks.
True
Because point-source water pollution control is based on a permit system, the permits are the key to enforcement.
True
Because the government knows CO2 pollution causes climate change, a young generation might succeed in a suit alleging that by failing to address this cause the government is violating their constitutional rights.
True
Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.
True
For the purpose of tort liability, intent can be transferred when an individual intends to harm one individual but unintentionally harms another.
True
Foreseeability is the test for proximate cause.
True
In a product liability suit based on a design defect, a manufacturer is liable only when the harm was reasonably preventable.
True
Quasi contracts are imposed on parties in the interest of fairness and justice.
True
Some business processes can be protected as trade secrets.
True
Taking personal property from its owner, without permission or just cause, is trespass—retaining it is conversion.
True
The Clean Air Act does not establish specific emissions standards for each hazardous air pollutant.
True
The Environment Protection Agency regulates carbon dioxide (CO2) emissions.
True
The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product.
True
The need to protect intellectual property is recognized in the U.S. Constitution.
True
To minimize potential liability under Superfund, a business can conduct its own regular environmental compliance audits of its operations.
True
To obtain relief under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public.
True
Under the Clean Air Act, different standards apply to clean areas and polluted areas.
True
Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely
a "fair use."
Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include
a catchy phrase, such as "Stuff your home with Home Stuff!"
Ness, a broker, advises Ollie to invest in Penny Stock Inc. When the share price of Penny's stock drops, Ollie accuses Ness of fraud, claiming reliance on the broker's advice. The reliance that gives rise to liability for fraud requires
a misrepresentation of a fact knowing that it is false.
Regional Waste Center operates a recycling plant. Stan and other citizens file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on
a negligence theory.
Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is
a patent.
Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is
a toxic tort.
Information that may be protected as trade secrets includes
all of the choices.
Works that are copyrightable include
all of the choices.
France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by
all of the signatories of the Berne Convention.
Lon says to Misty, "I would like to sell you my vinyl records." This statement is
an invitation to negotiate, not an offer.
Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is
automatic.
Trespass to land is committed if, without the permission of the property owner, a person
causes water to back up onto the property.
Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for
conversion.
Without Data Corporation's consent, Elias hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Elias is liable for the tort of
conversion.
Sloane drives into Tire Service and asks to have a tire replaced on her car. After the service replaces the tire, but before Sloane pays for it, any contract between them is
executory.
Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is
false.
To make a sale, Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is
false.
Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for
fraud.
Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement
if consumers are likely to be confused.
After Mary and Sabrina have a falling out, Mary exposes Sabrina's affair with a married man on a post to Facebook. The affair actually happened. Mary could be liable for
invasion of privacy.
Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for
invasion of privacy.
Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, the company sells the property to Eager Developers Inc. If there is a release, the seller is most likely
liable.
In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for
libel.
Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its
logo.
Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for
negligence
Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for
nonmonetary aspects of the harm suffered, such as loss of reputation.
Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as
other engineers.
Errol's supervisor Gwen writes a negative review of Errol's performance. In a tort action for defamation, Gwen can most likely assert as a successful defense
privilege.
Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to
punish the defendant and deter others from similar wrongdoing.
Hi-Yield, Inc., makes an herbicide with a risk to people of developing cancer from exposure. By law, this substance must be
registered before it is sold.
Ski Resort Inc. wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is
required.
Greta files a suit against Home Repair Corporation under the doctrine of promissory estoppel. Greta must show that
she justifiably relied on Home Repair's promise.
Lori's Restaurant orders 3 cases of lettuce, 2 cases of tomatoes, and 1 case of onions from Sam's Farm. Sam's delivers all but the 1 case of onions. With respect to its side of the contract, Sam's performance is
substantial
Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because
the activity is extremely risky.
Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to
the parts of the app that can be read by computers.
United Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to
the same rights and protection under Mexican law as Video.
Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to
their lost net profits.
