BLW FINAL
Common law refers to
law made when judges decide cases and then follow those decisions in later cases.
Is the following statement true or false: Compensatory damages are intended to put the non-breaching party in the same condition as he was in prior to entering into the contract.
False
Is the following statement true or false: Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory.
False
Is the following statement true or false: Puffery can be the basis of a claim for fraudulent misrepresentation.
False
Is the following statement true or false: Rick posted signs in his neighborhood offering $50 for the return of his lost dog. Joan called Rick and said, "I'll look for your dog." A contract has been formed.
False
Is the following statement true or false: The Statute of Frauds requires that both parties sign a contract if it is the type of contract required to be in writing under the Statute of Frauds.
False
Is the following statement true or false: The general rule is that a minor may not disaffirm a purchase contract he entered into if the property he purchased has depreciated in value between the date of purchase and the date he seeks to disaffirm the contract.
False
The burden of proof in a civil case is beyond a reasonable doubt. This statement is:
False
s the following statement true or false: Under the pre-existing duty rule, a promise lacks consideration if a person promises to do something he was already legally obligated to do
True
Which of the following statements, if made by a seller who knows the statement to be untruthful, would not be a misrepresentation of material fact resulting in a cause of action for fraud?
"There is no better car in the world."
Which of the following is a trademark category?
Suggestive
For consideration to exist, there must be:
A bargained-for exchange of legal value
Which of the following trademarks is an arbitrary trademark?
Apple computer
Which of the following statements is true?
Compensatory damages are intended to put the non-breaching party in the same financial condition as if the contract had been fully performed.
Which of the following trademarks is a fanciful mark?
Exxon oil
Which best describes assumption of the risk in a negligence case?
If the plaintiff knowingly and willingly subjected herself to an obvious risk this is a defense to a claim of negligence.
Molly bought a Taylor Swift CD at Target for $15.00. She listened to it a few times and decided that she had 'outgrown' Taylor Swift's music. Molly sold the CD to her friend Brian. Is this an unlawful distribution of the CD under copyright law?
No, under the First Sale Doctrine, Molly has the right to sell or otherwise dispose of the lawfully acquired copy of this CD.
Which of the following marks is a fanciful trademark?
Nyquil for the cold medicine
Which of the following is a trade secret?
The formula for Coca-Cola
The 'Infancy Doctrine' refers to:
The right of a minor to disaffirm a contract.
Now assume that Vicky has loaned George $50,000. George again mentions that he is going to learn to hang glide during spring break, so Vicki purchases the $100,000 life insurance policy on George's life. If George dies and the insurance company refuses to pay:
Vicki will win $50,000.
Is the following statement true or false: A trademark is valid for 75 years.
false
Which of the following statements is true? A contract entered into by a minor is void. Either party may disaffirm a contract if it has been entered into by a minor. A minor may disaffirm a contract s/he entered into. All of the above.
All of the above
Which of the following contracts is not required to be in writing under the Statute of Frauds?
A contract to buy a used computer for $350.
The doctrine of precedent means:
that judges must base rulings on similar cases within their jurisdiction.
Sarah drove through an intersection without looking and hit Tom's car that he had driven into the intersection without obeying a stop sign. Sarah sued Tom. The jury found that Tom was negligent, and that Sarah was also negligent with Sarah's allocated fault equal to 35% and Tom's allocated fault equal to 65%. The jury further found that Sarah's total damages were $100,000. Under comparative negligence, what is the amount of damages Sarah can recover from Tom?
$65,000
Which of the following contracts is governed by Article 2 of the Uniform Commercial Code?
A contract to buy a Rolex watch.
What are the elements of a cause of action for innocent misrepresentation?
A false statement of fact, justifiable reliance and resulting injury/damage.
The remedy of specific performance may be available for the breach of a contract to sell
A house on 3 acres of land.
Which of the following situations would create liability under the traditional common law doctrine of Strict Liability for Ultra Hazardous Activities?
A pet chimpanzee owned by Christy attacks Christy's best friend Stella.
Which of the following are considered stakeholders? Employees Customers Shareholders All of the above
All of the above
Which philosopher is closely associated with the ethical tradition of character or virtue ethics?
Aristotle
What is the legal basis for patent law?
Article I of the U.S. Constitution
Bill owns a retail business by himself as a sole proprietor and was sued by a customer who fell in the store. The customer claimed the business was negligent in caring for its floors. Assuming that the customer is successful in this lawsuit, which statement best describes Bill's potential liability?
Bill can be held personally liable to the customer since he is a sole proprietor.
Steve offers to sell his Honda SUV to Bruce for $6,000. Bruce says that $6,000 is too much, but he will pay $5,000. Steve says 'no'. Two days later, Bruce accepts Steve's original offer. Which of the following best describes this situation?
Bruce made a counteroffer that terminated Steve's offer.
Which of the following contracts is required to be in writing to be enforceable?
Buyer and Seller agree on the sale of Seller's kayak for $525
Homeowner arranges with Contractor to repair his dishwasher. Contractor completes the work (and does a fine job) and bills the Homeowner $300 for the work. Contractor is not a licensed plumber. Under State statutes designed to protect the public, this type of work is considered plumbing that can only be done by a licensed plumber. If Contractor sues Homeowner to collect the $300, the likely result will be:
Contractor will lose since this contract violates a statute.
Is the following statement true or false: All non-compete agreements are unenforceable.
False
Mary decides to open a bakery. She leases space, buys equipment, hires employees and calls her business "Mary's Mouth-watering Muffins & More." She has not taken any steps to form a business entity for her business. If a customer develops food poisoning from one of Mary's cream pies, sues Mary's Mouth-watering Muffins & More, and obtains a judgment of $100,000 against the business, which of the following statements is/are true?
Mary can be held personally liable for the $100,000 judgment.
Mary signed a contract with Susan for the sale of Mary's house. Within 24 hours of signing the contract, Mary decided she didn't really want to sell her house and immediately notified Susan that she was terminating the contract. Which of the following is true?
Mary's change of mind is not a valid legal basis for her to terminate the contract.
Which intellectual is closely associated with the shareholder primacy theory?
Milton Friedman
The store manager at QuickShop Convenience Store says to Eric: "I offer you a job as a cashier in the store from February 15 to May 15, 20 hours per week. We will work out a fair wage once we see how busy things get." Eric replies: "That's fine with me." The legal effect of this interchange is:
No contract has been formed because the terms of the offer are not sufficiently definite.
George is 17 years old. He bought a used motorcycle from Meriden Motors on July 1, 2017. He paid $1,000 in cash and agreed to make 12 monthly payments of $300 each to the seller beginning on August 1, 2017. George's birthday is May 15 and on his birthday in 2018 he turned 18 years old. Which of the following actions is effective as a ratification of George's contract to purchase the motorcycle?
On June 1, 2018 and July 1, 2018 George sent $300 payments by check to Meriden Motors.
According to the ethical tradition of deontology:
People should act consistent with universally applicable principles including the principle that individuals should be treated with respect, not as a means to an end.
Under which legal theory can a court impose personal liability on the owners of a corporation or a limited liability company?
Piercing the Veil
Which of the following is NOT an established category of protected trademarks? Arbitrary Fanciful Res ipsa loquitor Suggestive
Res ipsa loquitor
Article 2 of the Uniform Commercial Code governs contracts for:
Sale of goods
Sally owned a 2,000 acre country estate. She signed a written agreement with Betty, agreeing to sell the house on the property and "a sufficient amount of land surrounding the house to create a park." The closing date called for in the contract was two months after the date the contract was entered into and the price was $400,000. When Sally refused to honor the agreement, Betty sued. Who will prevail and why?
Sally will win because the agreement is not reasonably definite.
Seller says to Buyer Bob: "I'll sell you my SLR camera for $400." Buyer Bob says: "Great, but I can only pay you $200 now. I'll pay you the other $200 next Friday and pick up the SLR camera then." Seller responds: "Well, I wouldn't do this for everyone, but since I know you're a man of your word, Bob, I'll take that deal." Buyer Bob and Seller shake hands to show their agreement. Which of the following statements is true:
Seller and Buyer have entered into a contract.
Seller says to Buyer Bob: "I'll sell you my bicycle for $400." Buyer Bob says: "Great, but I can only pay you $200 now. I'll pay you the other $200 next Friday and pick up the bicycle then." Seller responds: "Well, I wouldn't do this for everyone, but since I know you're a man of your word, Bob, I'll take that deal." Buyer Bob and Seller shake hands to show their agreement. Which of the following statements is true: If Buyer Bob changes his mind, he does not have to buy Seller's bike. There is no contract between Buyer Bob and Seller because Buyer Bob's initial response was a counter offer. If Seller can find a different buyer who will pay him $400 all in cash, he can revoke his offer to Buyer Bob. There is no contract between Buyer Bob and Seller under the mirror image rule.
Seller and Buyer have entered into a contract.
Betty saw a 'For Sale' sign on her colleague Stan's condo. Betty had always admired Stan's condo and asked him what he would take for it. Stan told her that he was asking $100,000 for it. Betty said that she was prepared to pay $95,000 for the condo and Stan agreed. They orally agreed on all the other aspects of the transaction (including an inspection contingency, down payment and closing date). Betty sent Stan a signed letter agreement along with the deposit check. The letter agreement detailed all the terms they had agreed upon. Stan called Betty the day he received her letter to acknowledge receipt of the deposit and he told her how pleased he was that she was buying his condo. A week before the closing, Betty changed her mind and decided she didn't want to buy Stan's condo. If Stan sues Betty for breach of contract, the most likely result will be:
Stan will win because Betty signed the letter agreement.
Which of the following statements is/are true regarding the structure of a business?
Structuring a business as a limited liability company provides protection from personal liability to the members.
Stuart Student has entered into a legally binding enforceable written contract with Professor Jones agreeing to build a stone wall in the front of her flower garden. The contract provides that Stuart will complete the job by May 15th at a cost of $750. Stuart never turns up for work. Finally on June 1st, Stuart calls Prof. Jones and tells her that he can't do the job at all. Which of the following statements is true?
Stuart is in breach of contract and can be held liable for contract damages.
To establish trademark infringement, the plaintiff must prove:
That the Defendant's use of the mark creates a likelihood of confusion for customers as to who made the product or service
Which of the following is a plaintiff required to prove in order to win a lawsuit based on fraudulent misrepresentation in a sales contract?
That the defendant made a false statement of material fact.
Which of the following is true regarding the Sumstad (money-in-the-safe) case:
The Washington State Supreme Court held in favor of the Mitchells (the buyers at the auction).
Contractor agreed to build a cedar deck for the Smiths for $4,000. After he began the work, the Smiths asked him to add a pergola (a wooden lattice structure intended to provide shade). Contractor replied he would, but it would cost an additional $500. The Smiths agreed to the additional cost and asked Contractor to proceed with the pergola. All of these agreements were in writing and signed by both parties. Under these circumstances:
The agreement to pay an additional $500 is supported by consideration.
Peter entered into a written contract to sell a parcel of land to Paul. At the time the contract was signed, Peter had consumed alcoholic beverages. Peter's ability to understand the nature and terms of the contract was not impaired. Paul did not believe that Peter was intoxicated. Under these circumstances:
The contract is binding on both parties.
Which of the following statements is true? The death of an offeror prior to acceptance automatically terminates the offer. An offer cannot be revoked unless the other party agrees to the revocation. An advertisement is always considered an offer to sell. An acceptance is effective when it is received by the other party.
The death of an offeror prior to acceptance automatically terminates the offer.
The legal principle that provides that, in general, people can enter into a contract on whatever terms they choose is known as:
The doctrine of freedom of contract
Floyd offers to sell his 1967 Ford Mustang convertible to Tim. Before they conclude their negotiations, Floyd dies. Which of the following is true?
The offer terminates automatically upon Floyd's death.
Which of the following is an exception to the pre-existing duty rule?
The unforeseen circumstances exception
Jurisdiction refers to a court's power to hear a case.
True
Buyer stopped at his neighbor's tag sale and saw a bicycle for sale. He offered the neighbor $75 for the bicycle. The neighbor accepted Buyer's offer and they both agreed that Buyer would bring the cash over and collect the bicycle the next morning. Under these circumstances, is this contract enforceable?
Yes, it is enforceable
The business form that offers the limited liability of a corporation and the tax status of a pass-through entity is
a limited liability company.
What legal rights does a patent holder enjoy? The right to make his patented invention The right to use his patented invention The right to sell his patented invention All of the above
all of the above
Which of the following are claims that can arise under the general heading of 'Consent?' Fraud Mistake Duress Undue influence All of the above
all of the above
Assume that a subcomponent manufacturer produces a defective tire and sells it to a car manufacturer which installs the defective tire on one of its new SUV's. The SUV is distributed to a retail car dealer which sells the vehicle with the defective tire to a consumer (plaintiff). The plaintiff is injured in an accident as a result of the defective tire. Under these circumstances, which of the following face potential liability to the plaintiff under strict product liability? The tire manufacturer The car manufacturer The retail car dealer All of the above
all of the above
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on which of the following protected categories: Race Color Religion Sex All of the above
all of the above
An injunction is a(n) _____.
court order directing a person to stop doing that which he/she should not do
Is the following statement true or false: A partner in a partnership can only be held personally liable for an obligation of the partnership if he signed a personal guaranty for that obligation.
false
Is the following statement true or false: A sole proprietorship provides protection from personal liability.
false
Is the following statement true or false? Facts are subject to copyright protection
false
Charles and Ellen, an unmarried couple, run an ice cream store. The business is not incorporated and they have filed no formation papers with the state. Their business is a:
partnership.
If a buyer is seeking to enforce a real estate contract that does not satisfy the writing requirements of the Statute of Frauds, which of the following legal principles, if successful, would result in the buyer winning this lawsuit and obtaining a remedy?
the part performance exception to the Statute of Frauds
Is the following statement true or false: Race can never be a Bona Fide Occupational Qualification under Title VII of the Civil Rights Act of 1964.
true
A wrongful act can potentially give rise to both civil liability and criminal prosecution. This statement is:
true
Is the following statement true or false: A limited liability company combines the liability protection of a corporation with the pass-through tax treatment of a partnership.
true
Is the following statement true or false: A trade secret is a formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know it.
true
Is the following statement true or false: A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.
true
The basic distinction between a bilateral contract and a unilateral contract is that
only one promise is involved in a unilateral contract
Mrs. Blake was pleased to see little Stella Jackson standing outside the supermarket selling Girl Scout Cookies. Stella asked Mrs. Blake if she would like to buy 4 boxes of shortbread cookies again this year and Mrs. Blake said: "Yes, I always buy my Girl Scout cookies from you, Stella. Sign me up for my usual 4 boxes." Stella thanked Mrs. Blake and told her that the money would help the Girl Scout Foundation in its charitable projects. Stella told Mrs. Blake that she would deliver the cookies in 3 weeks and would collect the money then. When Stella came back with the cookies, Mrs. Blake told her that she had changed her mind now that the doctor had told her that her blood sugar was too high. She wouldn't buy the cookies. Which of the following statements is true under these facts:
Mrs. Blake entered into a legally enforceable contract to purchase the cookies.
Which of the following accurately describes the doctrine of freedom of contract?
People are free to enter into a contract on essentially whatever terms they choose and, in general, courts will enforce a contract in accordance with its terms.
What is the legal effect of an auction being with reserve?
The seller has the right to reject all of the bids.
Which of the following relationships generally creates an insurable interest?
Husband and wife
Judith is a CPA with an excellent reputation and client base. She sells her tax preparation business to Shawn, and the sales contract includes a noncompete clause restricting Judith from opening a similar business for one year within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably:
enforce the non-compete agreement.
Jurisdiction can be described as court cases involving the U.S. Constitution or a federal statute. the burden of proof. the authority of a court to decide a particular type of case. the study of law.
the authority of a court to decide a particular type of case
Solomon breaches his contract with Neal to purchase the 500 pairs of socks he had promised to buy. Neal is able to sell the 500 pairs to Renny for a much lower amount. Neal then sues Solomon for damages. Neal will be able to recover
the difference between Solomon's contract price and the amount paid by Renny.
Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette damages in the amount of:
$80,000
Seller enters into a signed written enforceable contract with Buyer for the sale of a classic sports car for $10,000. Assume Seller breaches the contract by refusing to sell the car. Buyer is able to find a comparable sports car which he buys for $11,500. What damages can Buyer recover from Seller?
$1,500
Landlord and Tenant have entered into a signed written agreement for the lease of a retail location for Tenant's Mac & Cheese Restaurant. The lease is for a three-year term and requires monthly payments of $3,000. Tenant operates the restaurant for two years but, due to a general economic decline in the region, he closes the business at the end of year 2 (with one year remaining on the lease term). Landlord made no effort to find a new tenant for the space, choosing instead to sue Tenant for $36,000 (the remaining rent due for the last year of the lease term). Assume that if Landlord had made reasonable efforts to find a new tenant for the space, he could have leased the space for the remaining one-year lease term at a monthly rent of $2,000. (You can also assume that Landlord had no other vacant space available at that time to lease.) What amount of damages is Landlord entitled to collect from Tenant?
$12,000
Retailer owns a clothing store at the beach and has entered into a signed written contract with Supplier to purchase 100 broad-brimmed straw hats for the summer beach season at a contract price of $600. Supplier runs out of the hats and is unable to make the delivery to Retailer. Supplier notifies Retailer of the problem and apologizes. Retailer is able to find a substitute supplier and purchases 100 (comparable) straw hats at a price of $800. What damages, if any, can Retailer recover from Supplier?
$200
Charlie the Contractor enters into a signed written contract to build an addition on Harry Homeowner's home for $20,000. Charlie begins the job but stops work after the first week without any valid excuse. There is no indication that Charlie will complete the job and Charlie does not return any of Harry's phone calls. Harry paid Charlie $7,000 up-front before the work started. Harry hires Bob, his brother, to finish the addition at a contract price of $20,000. However, Harry turned down three other quotes from reputable contractors to finish the job. All three of these other quotes were for a contract price of $16,000. Assuming that Charlie is in breach of contract, what amount of damages, if any, is Harry entitled to recover from Charlie based on these facts?
$3,000
Bob the builder contracts with Hilda the homeowner to build an addition on Hilda's house for a total price of $100,000. They sign a contract containing all of the required elements of an enforceable contract. Bob has estimated that his cost to complete this project will be $80,000. After Bob has put $10,000 worth of materials into Hilda's addition, Hilda wrongfully refuses to let him finish the project. If Bob sues Hilda, what amount of damages will he be entitled to recover?
$30,000
Seller is a home owner who entered into a signed written enforceable contract with Buyer for the sale of his Hamden house for $350,000 with the closing scheduled to take place on January 1. One week before the closing Buyer gave Seller notice that he would not buy the house. (Note - the Buyer had no legal basis to terminate the contract.) Seller was able to find a substitute buyer who bought the house for $347,000 (a reasonable price under all the circumstances). However, the closing with the substitute buyer did not take place until April 1. Seller incurred the following costs on the Hamden house for the three months of January February and March: real estate taxes totaling $2,000 and property insurance totaling $300. What damages is Seller entitled to recover from Buyer under these circumstances?
$5,300
Buyer and Seller enter into a signed written enforceable contract for the sale of 1,000 umbrellas @ $4.00. Buyer breaches the contract and Seller finds a substitute buyer who buys the umbrellas for $3.50 per umbrella (a reasonable price under all the circumstances). What damages, if any, is Seller entitled to recover from Buyer?
$500
Edible Arrangements sued a competitor, 1-800 Flowers.com claiming trademark infringement based on the competitor's use of the term 'bouquet' for its gift baskets containing fresh cut fruit products. Under these circumstances, which of the following is true?
1-800 Flowers.com can make a strong argument that the term 'bouquet' is a generic term that is not subject to trademark protection.
Yummy-Yo is a frozen yogurt shop in Cheshire. On a busy Sunday, the shop ran out of chocolate chip topping. Chocolate chips are the most popular topping at Yummy-Yo's. The store manager asks Jackson, a part-time employee who just started his shift, to drive over to BJ's and buy a 5-gallon container of chocolate chips. Jackson is happy to help out. Yummy-Yo doesn't have a corporate car so Jackson heads over to BJ's in his own BMW. Jackson stopped to pick up a Dunkin' Donuts hot coffee to enjoy on the ride over to BJ's. While drinking his coffee, he was also updating his Facebook status and keeping one eye on the road. Distracted by his other activities, Jackson ran a red light and crashed into Sally's car. Sally's car was seriously damaged. Based on these facts, which of the following statement(s) is/are true:
A and B.
Assume that a female applicant can prove that she was rejected for a position in the homicide unit of the city's police department solely because she is female. What type of legal claim, if any, could she make against the City?
A claim of employment discrimination based on disparate treatment.
If a female applicant can prove that she was rejected by the City for a position as a firefighter solely because she is female, what type of legal claim, if any, could she make against the City?
A claim of employment discrimination based on disparate treatment.
As it applies to minors, which of the following is LEAST likely to be regarded as a necessary?
A concert ticket
Which of the following contracts is governed by Article 2 of the Uniform Commercial Code?
A contract to buy an antique Ford Edsel car.
Which of the following is currently subject to copyright protection?
A watercolor of Mill River painted by a QU student last year
Rule 10b-5 is a rule adopted by the Securities and Exchange Commission (a federal agency). The Rule prohibits securities fraud. Rule 10b-5 is an example of:
Administrative law
Which of the following are sources of American law? The Common Law Statutory Law Constitutional Law Administrative Law All of the above
All of above
Which of the following statements is/are true? A plaintiff is the person bringing a lawsuit. A defendant is the person being sued. The court system is a three-level system consisting of the trial court, an appellate court and a supreme court. All of the above.
All of the aboce
An offer is terminated upon which of the following: A counteroffer A rejection . A timely revocation of the offer. Death of the person making the offer.
All of the above
Barbara, a recent university graduate, needed a car to get to her new job. Barbara entered into a contract with the used car dealer to buy a car for $10,000. To help Barbara secure a loan for the car, Ted, a friend, agreed with the dealer that he would pay the loan should Barbara default. Which of the following statements is true? Ted's promise to pay the loan is a guaranty. Ted's promise to pay the loan must be in writing to be enforceable. Barbara's contract to buy the car must be in writing to be enforceable. All of the above.
All of the above
Professor Gedge entered into a signed written contract with Steve Student in which Gedge agreed, out of the goodness of her heart, that she would give Steve a $25 Starbucks gift card on Monday at noon. Gedge gave Steve the Starbucks gift card. Under these circumstances, which of the following statement(s) is/are true: The contract made by Gedge and Steve lacks consideration. Gedge was not legally obligated to give Steve the Starbucks gift card. Steve did not provide legal value to Gedge. After giving Steve the Starbucks gift card, Gedge is not legally entitled to rescind the contract. All of the above.
All of the above
What are steps in the Markkula ethical decision-making process: Recognize an Ethical Issue & Get the Facts Evaluate Alternative Actions & Make a Decision and Test it Act and Reflect on the Outcome All of the above
All of the above
What are the elements of a cause of action for fraudulent misrepresentation? A false statement of material fact Intent to deceive Justifiable reliance All of the above.
All of the above
What types of agreements are required to be in writing under the Statute of Frauds? Agreements for the sale of real estate Agreements to pay the debt of another Agreements for the sale of goods of $500 or more All of the above
All of the above
Which of the following are elements of an enforceable contract? Agreement Capacity Consideration Consent All of the above
All of the above
Which of the following are exceptions to the writing requirement of the Statute of Frauds? The Part Performance by Buyer exception The Leading Object Rule Promissory Estoppel All of the above
All of the above
Which of the following are possible defenses to a claim of negligence That the defendant exercised reasonable care under the circumstances That plaintiff is comparatively negligent by failing to exercise reasonable care under the circumstances That plaintiff assumed the risk by voluntarily exposing himself to a known danger All of the above
All of the above
Which of the following are required to establish an accord and satisfaction? There is a valid legal basis for disputing the amount owed (or other performance required) by a party under the original contract. The parties agree to settle the dispute instead of going to court. The parties complete the agreed upon settlement. All of the above.
All of the above
Which of the following events would not form the basis for a successful claim of mutual mistake? Prediction error Mistake of value Conscious uncertainty All of the above
All of the above
Which of the following factors are used to determine if an employment non-compete agreement is enforceable? If the terms of the agreement are reasonably necessary for the protection of the employer. If the agreement provides a reasonable limit as to time and geographical limits. If the terms are not unduly harsh to the employee. All of the above.
All of the above
Which of the following is a plaintiff required to prove to win a claim of promissory estoppel? That the defendant made a promise knowing the plaintiff would rely on it That the plaintiff took action in reliance on the promise That the only way to avoid injustice is to enforce the promise All of the above
All of the above
Which of the following is an illegal contract? A contract for a loan at a usurious rate of interest. A fraternity betting pool on the outcome of the World Series A life insurance policy taken out on the life of someone with no family or business connection to the policy holder. All of the above.
All of the above
Which of the following is/are not subject to patent protection? An abstract idea Laws of nature Scientific principles All of the above
All of the above
Which of the following is/are required to establish promissory estoppel? A promise made by the defendant. Plaintiff's reliance on the defendant's promise. Establishing that the only way to avoid injustice is to enforce the promise. All of the above
All of the above
Which of the following ordinarily must be in writing to be enforceable? A contract involving the sale of land. A contract to sell a car for $1,500. An agreement to pay the debts of another person. All of the above.
All of the above
Which of the following scenarios is an example of copyright infringement: Prof. McNamara is very impressed with a textbook written by Barbara Sullivan. To supplement the textbook McNamara is currently using in her college course, the professor makes 100 copies of five chapters of Sullivan's eight-chapter book. The professor distributes these copies to her 100 students. Martha borrows a CD from the public library and burns a copy of the CD to her laptop. Jake uses a free peer to peer file-sharing website to download 20 tracks of his favorite Beatles' music onto his MP3 player.
All of the above
Which of the following statement(s) describe the doctrine of respondeat superior? An employer is liable for any torts committed by its employee acting within the scope of employment. The translation of ' respondeat superior' is "Let the master answer." The doctrine of respondeat superior is a common law principle of agency law. All of the above.
All of the above
Which of the following statements do NOT usually amount to an offer? A price quote A solicitation of an offer An advertisement All of the above
All of the above
Which of the following statements is/are true under current American copyright law? A copyright lasts for 70 years after the death of the author. Once a copyright expires, the work is in the public domain so anyone can use it without permission of the copyright holder. Copyright protection arises automatically when an original work is fixed in a tangible medium. All of the above.
All of the above
Which of the following statements is/are true: Legal value is satisfied by doing something the person was not legally obligated to do or by promising to do something the person was not legally obligated to do. A gift promise lacks consideration. Legal value is satisfied by forbearance. All of the above.
All of the above
Which of the following statements is/are true? An integrated contract is one which the parties intend as the final, complete expression of their agreement When two parties make an integrated contract, neither one may use parol evidence to contradict, vary or add to its terms. A court will permit parol evidence of fraud, misrepresentation or duress. All of the above
All of the above
Which of the following, if proven, would result in a finding that a product was in a defective condition making it unreasonably dangerous to the consumer? Defect in the manufacture Defect in the design Defect in the packaging Inadequate instructions or warnings All of the above
All of the above
A man with 10 years of experience as a waiter applied to be a food server at a Hooters Restaurant. Hooters refused to consider him for this position because he was male. If the applicant sued Hooters for employment discrimination which of the following statement(s) is/are true? Hooter's would likely raise the bona fide occupational qualification defense in this employment discrimination lawsuit. The legal basis for the plaintiff's claim is disparate treatment under Title VII of the Civil Rights Act of 1964. Because it has more than 15 employees, Hooters is subject to Title VII of the Civil Rights Act of 1964. All of the above.All of the above.
All of the above.
Stuart and Bob are having lunch together at Eli's. Bob is upset because he lost his brand new iBeats headphones earlier that day. Stuart tells Bob that he has an extra pair of the same headphones that he got for Christmas and they're still in the box. Stuart tells Bob that since they're friends, he'll let Bob have them for $25. Bob says: "That's fantastic, Stuart, you've made my day. I'll stop by your room tonight with the cash." Based on this, which of the following statements is true? Stuart made an offer to sell the headphones to Bob. Bob accepted Stuart's offer. A contract has been entered into. All of the above.
All of the above.
Which of the following statements accurately describes a traditional ethical theory? Under the ethics of character/virtue, ethical conduct is that taken by a person of high moral character who acts accordingly. Under the ethics of utilitarianism, ethical conduct is that which creates the greatest good for the greatest number of people. Under the ethics of deontology, ethical conduct is that which would be a good thing if everyone did it. All of the above.
All of the above.
Which of the following uses would likely be permitted under the Fair Use Doctrine? Limited use of copyrighted material in news reporting. Limited use of copyrighted material for scholarship. Limited use of copyrighted material for teaching provided the use is brief and spontaneous. All of the above.
All of the above.
Which of the following statements best describes an 'S' Corporation?
An 'S' Corporation provides the shareholders with protection from personal liability.
Which of the following is currently subject to copyright protection? Selected Answer:
An original short story written last year by Prof. Smith.
Zachary graduated from college and sold most of the contents of his apartment to Sally. What law governs the contract the parties made?
Article 2 of the Uniform Commercial Code
Stella, age 16, buys a car from Dixwell Auto Dealers. She pays $1,500 for the car. It turns out that the car is really worth $2,500. Dixwell wants to disaffirm the contract and get the car back. Which of the following best describes this situation?
Because Stella is a minor, this contract is voidable by Stella.
On Monday, Stuart and Brian entered into an oral agreement that Brian would buy Stuart's gold Rolex watch for $1,500. Later in the week on Friday, Brian handed Stuart a cashier's check for $1,500 and Stuart handed Brian the watch. On Saturday, Brian discovers that the watch is quite heavy and is uncomfortable for him to wear so he calls Stuart and tells him he wants to 'un-do' their deal. Which of the following statements best describes the situation?
Because this contract has been completed, there is no basis to cancel the transaction under the statute of frauds.
Tom's great aunt Martha has promised him that she will give him $5,000 for Christmas because she is so fond of him. Sure enough, Tom finds a check for $5,000 from great aunt Martha under the Christmas tree. He deposits the check in his bank account the very next day and is thinking about all the ways he can enjoy spending it. The first thing he does with the money, though, is to send great aunt Martha a huge bouquet of flowers as a thank-you present. Before she receives the flowers, though, great aunt Martha leaves the following message on Tom's cell phone: "You ungrateful toad, I haven't heard a word of thanks from you for that generous Christmas gift. I'm taking that money back. Return that check to me immediately or I'll bring you to court." Which of the following is true:
Because this is a gift that has been completed, Tom is legally entitled to keep the money.
Bertha entered into a signed written contract with Verizon Wireless for a free Samsung Galaxy smartphone and a 2-year cell phone plan for the period January 1, 2017 through December 31, 2018 at a monthly cost of $85. The contract contained a termination clause which provided that a termination fee in the amount of $500 would be payable if the customer terminated the contract during the 2-year plan. On December 25, 2017, Bertha's mom gave Bertha her old iPhone X and added her to the family calling plan on AT&T to save Bertha money. Thrilled with her mom's gift, Bertha brought her Verizon phone back to the Verizon store on January 2, 2018 to turn it in and to terminate her Verizon contract. The customer service representative advised Bertha that she would be charged the $500 termination fee in accordance with the contract and he showed her a copy of her contract which she had signed at the bottom and had initialed in the box next to the termination provision. Bertha responded: "Oh, you see, when I read that provision, I thought it said $50 not $500! If I knew there was a $500 termination fee, I never would have signed the contract." If Verizon sues Bertha to recover the $500 termination fee, the likely result is:
Bertha made a unilateral mistake and will not be able to rescind the contract.
Which of the following would be a valid offer?
Billy says to Russ, "I've always liked that birdbath in your garden. It would look great in my new flower bed. I'll buy it from you for $100 here and now."
Which of the following marks is an arbitrary trademark? Exxon for the oil company. Nyquil for the cold medicine. Blackberry for the smartphone. McDonald's for the fast food chain.
Blackberry for the smartphone.
Bob, a 16-year-old minor, buys a snowmobile from Sam, an adult, for $2,000. Bob uses it for 8 months and then advertises the snowmobile for sale for $3,000 but has not yet sold it. At this point:
Bob can still disaffirm the contract.
Stan is trying to sell his 2005 Nissan car with 100,000 miles on it. He places an ad for it on Craigslist for $3,000. Stan describes the car in the ad as being "well-maintained and in excellent condition." Bob sees Stan's ad and is interested in buying the car. Before buying it, Bob has the car inspected by his mechanic with Stan present when the mechanic says, "Bob, you know, this car has 100,000 miles on it. The timing chain needs to be replaced immediately. Otherwise, it's in excellent condition." Bob buys the car, does not have the timing chain replaced immediately and the following week the timing chain gives out which ruins the engine. The car has to be towed to the mechanic's shop and the repair estimate is $2,000. If Bob sues Stan to recover the $2,000 repair cost, which of the following statements is true?
Bob cannot recover the $2,000 from Stan because even if Stan knew the car needed a new timing chain, Bob didn't rely on Stan's representations with regard to the car's condition.
Builder, Inc. agreed to build Susan a storage building for $8,000. After beginning the project, Builder realized that it could not complete the job and make a profit. Builder demanded $9,500 to complete the building. Susan agreed to pay the $9,500. When the project was complete, Susan paid $8,000 to Builder for the job. If Builder sues Susan for the remaining $1,500:
Builder will lose because there was no legal consideration to support the additional $1,500.
Seller was trying to sell his house for $340,000. On June 5, 2019, Buyer went to the Post Office and sent Seller a signed written offer to buy Seller's house for $325,000 (which Seller received on June 8, 2019). On June 9, 2019, Seller went to the Post Office and sent a letter to Buyer stating that Seller was willing to sell the house to Buyer for $332,000 (which Buyer received on June 11, 2019). On June 12, 2019, Buyer went to the Post Office and sent Seller a letter stating his agreement to buy the house for $332,000 (which Seller received on June 14, 2019). Under these circumstances, which of the following is true: Buyer and Seller entered into a contract on June 9, 2019. Buyer and Seller entered into a contract on June 14, 2019. No contract has been entered into because Seller made a $332,000 counteroffer to Buyer. Buyer and Seller entered into a contract on June 5, 2019.
Buyer and Seller entered into a contract on June 12, 2019.
Buyer and Seller orally agree to the sale of a parcel of land for $200,000: one-half of the purchase price payable now with the balance of the purchase price payable in 30 days at the time of closing when the title will be transferred. They agree that the Buyer is to have possession immediately so he can start construction. At the time they enter into this oral agreement, Buyer pays Seller $100,000 of the purchase price, takes possession of the land, and starts building a house. At the time of the scheduled closing 30 days later, Buyer has made a substantial beginning on the house. However, Seller refuses to transfer the title, claiming the oral contract is not enforceable. Under these circumstances which of the following is true:
Buyer can make a good argument that the oral agreement is enforceable under the part performance exception to the statute of frauds.
Seller and Buyer were discussing a possible sale of Seller's classic MG roadster car. They orally agreed on a sale of the car at a price of $17,000 with the closing to take place the following day. Seller took out a pad of paper and wrote: "This confirms our agreement that Buyer will buy Seller's classic MG roadster car for $17,000 tomorrow." Seller signed this agreement and handed it to Buyer (who did not sign it). The next day Buyer came to Seller's house with a cashier's check for $17,000 and was excited to pick up the car. Seller told Buyer he had changed his mind and wouldn't be selling the car after all. If Buyer sues Seller for breach of contract, the most likely result will be:
Buyer will win because this contract is enforceable against the seller under the statute of frauds.
Contractor agreed to build a cedar deck for Oscar for $5,000 in accordance with a signed written contract. After he began the work, Oscar asked Contractor to add built-in benches around the deck. Contractor replied that it would cost an additional $500 to add these benches. Oscar agreed to the additional cost and they both signed a written contract to that effect. Contractor finished the deck including the benches and Oscar agreed that he did an excellent job on the project. Which of the following statements best describes the situation?
Contractor is entitled to collect $5,500 for the project.
Owner is building a new house on her lot. She invites Contractor to bid on the excavation job. Both Owner and Contractor observe that the lot next to Owner's lot is also under excavation and the soil in that lot is normal and not excessively rocky. Based on their assumption that the soil in Owner's lot will be similar, Contractor and Owner agree that the excavation will cost $3,000. When Contractor starts digging, he learns there is solid rock under Owner's lot. Because of this, the job will take significantly longer so Contractor tells Owner it will cost an extra $2,500 for the excavation work. Owner agrees to pay a total of $5,500 just to get the job done. Contractor finishes the work, completing the excavation as agreed-upon. Then Owner refuses to pay Contractor a dime more than $3,000. Both agreements were in writing and signed by both parties. If Contractor sues Owner, the most likely result would be:
Contractor wins because the modification is enforceable under the unforeseen circumstances exception to the pre-existing duty rule.
What is the policy in BLW 221 regarding the deadlines for quizzes, tests and other graded work?
Deadlines are strictly adhered to and it is the student's responsibility to check Blackboard to learn of all such deadlines.
Joan is at the local movie theater watching the latest summer blockbuster. After the movie, she starts walking to the lobby of the movie theater but notices that the theater across the hall is about to play another movie that she really wants to see. Joan would love to see the movie without having to buy another ticket, but she stops herself from sneaking into the theater because she knows that if everyone did this, the movie theater could go out of business. Joan's thinking is most aligned with that of:
Deontology
Which of the following is NOT a protected category under Title VII of the Civil Rights Act of 1964? Race Educational level Sex Religion
Educational level
Joe buys an Otterhound named Barky, from Purity Dog Shop. He pays $2,500 for the puppy, the high cost due to the certificate Purity gives him, indicating that the puppy's parents were both AKC champions (elite dogs). Two months later, Joe sells the hound to Emily for $2,800. Joe and Emily both believe that Barky is descended from champions. Then a state investigation reveals that Purity has been cheating and its certificates are fakes. Barky is a mixed-breed dog, worth about $100. Emily sues Joe. What is the likely result?
Emily will win based on mutual mistake of fact and will be entitled to rescind the contract.
Which of the following statements is/are true: Failure to follow corporate formalities may subject stockholders in a corporation to personal liability. A sole proprietorship is harder to form than a corporation. A partnership provides protection from personal liability to the partners. All of the above
Failure to follow corporate formalities may subject stockholders in a corporation to personal liability.
A state constitution takes priority over the U.S. Constitution. This statement is:
False
In 2014, Melissa developed a hydrogen powered engine for a car while working in her garage in her spare time. Melissa installed the engine in a small car that she has been driving around town. In 2015, engineers working for Ford Motor Co. independently developed an identical hydrogen powered engine. After completing tests on the engine for two years, Ford filed a patent for the engine on March 1, 2017. On March 2, 2017, Melissa also filed for a patent for her engine. Assuming the engine satisfies all of the requirements for a patent, who is entitled to the patent?
Ford, because Ford was the first to file for the patent
FreeFiles.net is a website that distributes free software that allows computer users to share electronic files through peer-to-peer networks. This software lets users' computers communicate directly with each other without using a central server. Hundreds of thousands of users share billions of files every month using FreeFiles.net. Over 95% of these shared files are copyrighted TV shows and movies. The holders of the copyrights to these TV shows and movies have brought suit against FreeFiles.net alleging violation of copyright law. Which of the following is true?
Freefiles.net is liable to the copyright holders under secondary liability for contributory copyright infringement.
Stuart was selling Gary some land he owned in Minnesota. Gary is a keen golfer and stays in shape by swimming at least 3 miles a day. Stuart told Gary that the developer had agreed to build a golf course and swimming pool in the subdivision as part of the development, and that other improvements would be made soon. Stuart knew that none of these improvements existed and none were planned. Gary was thrilled about the planned golf course and pool. Gary believed Stuart and, based on Stuart's statements, Gary bought the land for $100,000 when it was really only worth $20,000 without these improvements. Gary learns of the error and sues Stuart for fraud. Which of the following statements best describes this situation?
Gary can rescind the contract or recover damages because this is clearly fraud.
Kristin offers to sell land to Ian for $10,000. Ian agrees to buy the land for $10,000 provided this price includes Kristin's 3 tractors in the shed on the land. Kristin tells Ian that this is not acceptable. Ian then says "Okay, I accept your $10,000 offer. It's a deal." Which of the following is true:
Ian made a counteroffer, that terminated Kristin's offer.
Sam purchased a new racing bicycle from his local bike shop. He paid $250 cash for the bicycle which he purchased a week before he turned 18. When he was celebrating his 18 th birthday with friends, they all decided to jump off the local bridge for a swim in the river. Sam ended up jumping into a shallow section of the river with the result that he broke his leg. He won't be able to use that bicycle for quite a few months. If he brings the bicycle back to the bike shop 3 days after his birthday, which of the following is true?
If 3 days after turning 18 is considered a reasonable time, Sam can disaffirm the contract to purchase the bike. He will have to return the bike to the store and the store will have to refund him the full $250.
On February 1, Barbara Buyer entered into a legally binding enforceable written contract with Suzy Seller agreeing to buy Suzy's 1994 red Mazda Miata on February 15 for $2,500. On February 3, Suzy sends Barbara an e-mail advising Barbara that she has changed her mind and will not be selling her Miata to Barbara. Which of the following statements is/are true?
If Barbara can find a substantially similar 1994 red Mazda Miata to buy for $2,500 from someone else and if she has not incurred any expenses as a result of Suzy's change of mind then Barbara is not entitled to collect any damages from Suzy (except possibly nominal damages).
On June 1, Betty Buyer entered into a legally binding enforceable written contract with Sara Seller agreeing to buy Sara's blue Jeep on June 7 for $7,500. On June 3, Sara sends Betty an e-mail advising Betty that she has changed her mind and will not be selling her Jeep to Betty. Which of the following statements is true?
If Betty can find a substantially similar blue Jeep to buy for $7,500 (or less) from someone else and if she has not incurred any expenses as a result of Sara's change of mind then Betty is not entitled to collect any damages from Sara (except possibly nominal damages).
Stuart went to Barnes and Noble and paid $15 for Justin Timberlake's newest album on CD. He knows that his friend Peter would also really like to have this music. Which of the following is true: If Stuart burns just one song from the CD to his laptop and then he gives the original CD to Peter, there is no violation of copyright law. Under the first sale doctrine, since Stuart legally purchased this music, he can do anything he wants with the CD. If Stuart burns a copy of the CD to his laptop and then he sells the original CD to Peter for less than $1.00, there is no violation of copyright law. If Stuart listens to the CD, decides he doesn't like the music and gives the CD to Peter (without making any copies of the music), there is no violation of copyright law.
If Stuart listens to the CD, decides he doesn't like the music and gives the CD to Peter (without making any copies of the music), there is no violation of copyright law.
Which of the following statements is true? If a contract is based on a fundamental factual error made by both parties then the contract is voidable by either party. If a contract is based on a fundamental factual error made by just one of the parties then the contract is voidable by either party. If the defendant made a false statement of material fact to the plaintiff, but the defendant did not intend to deceive the plaintiff, then the plaintiff has nomeans of obtaining a remedy under contract law. All of the above.
If a contract is based on a fundamental factual error made by both parties then the contract is voidable by either party.
Google regularly alerts the news media that the proper way to refer to the company is as follows: "I will perform a Google® search to find that restaurant." The following is incorrect usage: "I will google that restaurant." The reason that Google makes this effort is:
If a trademark becomes so widely used that it becomes a generic term, then the company will lose its trademark protection.
Bill Maher stated on The Tonight Show that he would donate $5 million to a charity of Donald Trump's choice if Trump proved that he is not the 'spawn of his mother having sex with an orangutan.' Trump formally accepted Maher's offer by sending a copy of his birth certificate showing that he is indeed "the son of Fred Trump, not an orangutan" and he demanded the $5 million for charity. Maher ignored Trump's demand. Trump then sued Maher for breach of contract. Based on this, which of the following statements is true? No contract is formed because Trump made Maher a counteroffer by sending him a copy of his birth certificate. If reasonable people would conclude under these circumstances that Maher was just joking when he made this $5 million offer, then no contract has been formed. If Maher can prove that he really wasn't intending to make Trump an offer, then Trump will lose. If Trump can prove that he really thought Maher was making him a serious offer, then Trump will be able to enforce this contract. Whenever there is an offer and an acceptance, a contract is formed so Maher is contractually obligated to donate $5 million to a charity of Trump's choice.
If reasonable people would conclude under these circumstances that Maher was just joking when he made this $5 million offer, then no contract has been formed.
Which of the following is a significant factor in deciding whether an employment non-compete agreement is enforceable?
If the terms of the agreement are reasonably necessary for the protection of the employer.
Robert started a chain of 'Sprinkles' cupcake bakeries in California that also sells its 'Sprinkles' products in national chain stores including Williams-Sonoma. (There are several Williams-Sonoma stores in Connecticut.) Robert's company has registered its trademark 'Sprinkles' with the U.S. Patent and Trademark Office for use with bakery goods and retail store services. Recently Josephine opened a neighborhood cupcake shop in New Haven which she calls 'Sprinkles.' Josephine was not aware of Robert's California company or its registered trademark. Based on these facts, if the California company sues Josephine for trademark infringement, which of the following is true:
In order to win its trademark infringement claim, the California company will have to prove that it holds a valid trademark to 'Sprinkles' and that the use of 'Sprinkles' by Josephine's cupcake store creates a likelihood of confusion for customers who could think that the New Haven bakery is affiliated with the California company.
Which of the following is an advantage of a corporation?
It offers limited liability for its shareholders.
Jennie promises her roommate that she'll give roommate a $200 Amazon gift card for roommate's birthday. Under these circumstances:
Jennie's promise lacks consideration.
Jim wants to start his own business and needs $10,000 for working capital. He applies for a business loan at FirstBank. The banker tells Jim that the Bank will make the loan if Jim's father will personally guarantee repayment of the loan. Jim assures the banker that his father will do this. The banker calls Jim's father to confirm that he will guarantee Jim's $10,000 loan. Jim's father says: "Sure thing, I'd do anything for that boy." The bank makes the loan to Jim. Jim's new business is not successful and Jim is unable to repay the loan. Jim has no money. Jim's father has buckets of money. The bank sues Jim's father to recover the unpaid amount of the loan plus interest plus attorneys' fees and costs of collecting the debt. Which of the following is true?
Jim's father can make a strong argument that he is not liable to pay his son's debt because the Bank did not have him sign a written guaranty agreement.
John was watching a Yale baseball game from the bleachers. While he was busy talking to the person sitting behind him, he was hit by a powerful foul ball. John was taken to the emergency room and required stitches for the wounds he suffered. If John were to sue the University for negligence, which of the following is the most likely result?
John would lose because spectators assume the risk of being hit by a foul ball at a baseball game.
Which of the following entities provide protection from personal liability?
Limited Liability Company
Java Joint, Inc. is a Delaware corporation owned by four brothers. The corporation owns a coffee shop in West Haven, Connecticut called Java Joint. To save money, the brothers handled the incorporation of Java Joint, Inc. by themselves without using a lawyer. They filed the Certificate of Incorporation with the Delaware Secretary of State and paid the necessary filing fees to form Java Joint, Inc. However, they have not adopted any organizational documents for the corporation, they have not elected directors of the corporation and they haven't appointed any officers. To save money on bank fees, they use one of the brother's personal bank account for the business. Lois Lender made a $10,000 loan to the corporation which is now in default. (The shareholders did not personally guarantee this loan.) The total balance due on the loan including unpaid interest is $13,500. In addition to suing the corporation, Lois is also suing each of the four brothers individually. Under these circumstances, which of the following is true?
Lois has a strong legal claim against all four brothers as shareholders of Java Joint, Inc. under the doctrine of 'piercing the veil.'
Mark was shopping for a used car in February. He went to AutoMegaWorld and test drove a used 2014 Tiger XL. While driving the car, he looked at the climate control center and noticed that the temperature lever was marked "cold" at one end in blue and "hot" in red at the other end. Mark assumed that the "cold" marking meant that the car had air conditioning. Mark wanted to finally have an air-conditioned car. He did not discuss air conditioning in any way with the salesperson. Mark bought the car. Later, when Mark was showing his new car to friends, one of them pointed out to him that the car was not air conditioned. Which of the following statements best describes this situation?
Mark cannot rescind the contract because this is a unilateral mistake by Mark.
Mary says to Jane, "I will sell you my dog Fifi for $100." Jane says to Mary: Great, I love Fifi. It's a deal!" Two days later Mary tells Jane, "I've changed my mind. I'm keeping the dog." Which of the following statements is true: Mary effectively revoked her offer to sell Fifi to Jane. Mary made a counteroffer to Jane when she told her that she changed her mind. Mary and Jane entered into a contract which is not affected by Mary's change of mind. Mary can reject Jane's acceptance. Jane made a counteroffer to Mary.
Mary and Jane entered into a contract which is not affected by Mary's change of mind.
Mary had been an executive secretary for the CEO of Wentworth, Inc. for more than 20 years. At Mary's retirement party, the CEO expressed his personal appreciation for all Mary's hard work as well as the appreciation of the company. The CEO promised Mary that the company would pay her $1,000 per month for the rest of her life to supplement her social security. Nothing was put in writing about this promise. Despite this generous promise, Mary never received a dime from the Company following her retirement. If Mary sues the company to enforce this promise, which of the following statements is true:
Mary will lose because the CEO's promise is not supported by consideration.
The requirement that the terms of the acceptance be the same as those of the offer is the: Objective theory of contracts rule. Implied terms rule. Firm offer rule. Subjective theory of contracts rule. Mirror image rule.
Mirror image rule.
Molly was enjoying her day out at the New England Big E fair, a large agricultural fair held once a year in West Springfield, Massachusetts. Molly paid an entrance fee of $3.00 to view Harold, the world's largest hippopotamus. Harold was an unusually gentle hippopotamus so it was a complete surprise to Harold's owner/trainer when Harold broke through his cage and charged into Molly causing her serious injuries. The cage was certified safe to use for an animal of Harold's size and strength. If Molly sues Harold's owner/trainer, the most likely result would be:
Molly will win under the doctrine of strict liability for an ultra-hazardous activity.
Bob and Sally are keen supporters of their college varsity sports teams. Bob is convinced that the men's basketball team this year will make it into the Final Four (semi-finalist round of the national tournament). Sally doesn't think the men's basketball team has a strong enough team to do that well this year. Sally is convinced that the women's rugby team will win the national tournament this year. They agree on the following bets: Bet #1: If the men's basketball team this year does make it into the Final Four, Sally will pay Bob $100. If the team does not make it into the Final Four, Bob will pay Sally $100. Bet #2: If the women's rugby team does win the national tournament this year, Bob will pay Sally $250. If the team does not win the national tournament this year, Sally will pay Bob $250.It turns out that the women's rugby team wins the national tournament but the men's basketball team does not make it to the final four this year. Based on this information, which of the following statement(s) is/are true?
Neither of these bets are legally enforceable because gambling contracts are illegal unless specifically authorized by statute.
Before Edward Miller left his job as a salesperson at the New England Insurance Agency, Inc., he made a copy of New England's customer lists. He used these lists to successfully solicit many of New England's customers to move to his new employer. At New England, the customer lists had been kept in file cabinets. Although the company did not restrict access to these files, it said there was an understanding to the effect that "you do not peruse my files and I do not peruse yours." The lists were not marked "confidential" or "not to be disclosed." New England sued Miller for stealing its trade secrets. Miller's strongest argument is that
New England did not take reasonable efforts to safeguard the customer lists
According to the ethical tradition of character or virtue ethics:
People should be of high moral character and act accordingly.
According to the ethical tradition of utilitarianism:
People should take action to create the greatest good for the greatest number of people.
Administrative law consists of the rules, regulations, orders and decisions adopted by administrative agencies. This statement is:
True
Sarah is 17 years old. She just bought an Xbox from her local electronics store to give to her boyfriend for his 19th birthday. Sarah paid the store $450 in cash for it. Two weeks later (before Sarah turned 18), Sarah realized that she shouldn't have spent so much money on a gift for her boyfriend (especially since they've only been seeing each other for a couple of months). Sarah checks the receipt for the Xbox which states: "All Sales Final. No Returns or Exchanges Under Any Circumstances." She also remembers the cashier saying something to her about all sales being final. Still Sarah really wants to return the Xbox and get her money back. Under these circumstances:
Sarah can disaffirm the contract because she was under the age of 18 when she bought the item. The electronics store is required to refund her the full $450 and Sarah is required to hand the Xbox over to the store.
Bob likes Chrissie and promises to give her $100 on Saturday. Bob actually did give Chrissie that $100 on Saturday. On Sunday, Bob demands that Chrissie return the money because it was only an unenforceable gift promise. Is Bob legally entitled to the return of the money? Under these circumstances
Since this is a completed gift promise, Chrissie is not required to return the $100 to Bob.
In order for someone to avoid a contract on the grounds of intoxication, the level of intoxication must have been:
So great that he didn't comprehend the nature of the agreement he was entering.
The doctrine that provides for courts to decide cases based on legal principles adopted in previous similar cases is:
Stare Decisis
Steven says to Bruce: "I'm going out of town this weekend, I'll sell you my ticket to this weekend's football game for $75." Bruce replies: "I'll think it over, Steven, and will let you know later today." One hour later Steven calls Bruce and tells him that his brother's going to be using the football ticket so he's revoking the offer he made to Bruce. Under these circumstances, which of the following statements is correct?
Steven can revoke his offer under these circumstances.
Stuart Student has entered into a legally binding enforceable written contract with Professor Gedge agreeing to build a stone wall in the front of her flower garden. The contract provides that Stuart will complete the job by May 15th at a cost of $750. Stuart never turns up for work. Finally on June 1st, Stuart calls Prof. Gedge and tells her that he can't do the job at all. Which of the following statements is true?
Stuart is in breach of contract and can be held liable for contract damages.
Which of the following must a plaintiff prove to win a copyright infringement claim:
That the plaintiff holds a valid copyright to the work and the defendant copied the material or violated one of the other exclusive rights of the copyright holder without the plaintiff's permission (and without the ability to rely on the Fair Use Doctrine).
Milton Friedman would have been most likely to agree with which of the following statements?
The CEO and the board of directors should focus on delivering maximum value to the shareholders of the business while complying with the law and with ethical customs.
Jack is in business in competition with Jill's employer. Jack pays Jill $450 for her to steal her employer's current customer list by copying it onto a flash drive and delivering it to him. Jill knows that her employer's customer list is a confidential trade secret but she agrees anyway. Jack pays Jill the $450 up front and Jill delivers the flash drive to him the next day but, by mistake, she didn't copy the most recent customer list. She copied one that was five years old. If Jack sues Jill to enforce their contract, the likely result will be:
The Court will not do anything to help Jack get back the money he paid.
Which of the following statements is true regarding the Duke Power Company case decided by the U. S. Supreme Court?
The Court's decision expanded the employment discrimination protections of Title VII of the Civil Rights Act of 1964 to prohibit disparate impact discrimination.
John was enjoying his annual visit to the State Fair and decided this was the year he would ride the mechanical bull known as "Rolling Thunder." He watched other riders try to master the mechanical bull and saw each one of them thrown to the ground within minutes of starting their ride. John paid his $5 admission charge and got onto the bull. Shortly after the ride started, John was thrown off onto a soft pad underneath the bull, landing on his head and shoulders. John suffered a fractured neck. He sued the State Fair to recover damages on a claim of negligence. Which of the following is true:
The State Fair can make a strong argument that it is not liable because being thrown and injured by a mechanical bull ride is an open and obvious danger and John voluntarily assumed that risk.
On December 13, buyer hands seller a written contract offering to purchase seller's house for $150,000. The offer includes all of the other details of the purchase including the closing date and it includes the following provision: "This offer expires on Monday, December 16 at 5:00." On December 14 seller signs the contract without making any changes to it. He brings it to the post office at noon on December 14, he has properly labelled the envelope and placed the necessary postage on it and hands it to the post office clerk using express mail overnight delivery. On the evening of December 14, seller receives a fax from buyer stating that the offer to purchase seller's house is revoked. Under these circumstances, which of the following statements is true?
The buyer cannot revoke his offer because the seller has effectively accepted the offer.
Mocha Magic, Inc. is a Delaware corporation owned by four brothers. The corporation owns a coffee shop in Cheshire, Connecticut called Mocha Magic. To save money, the brothers handled the incorporation of Mocha Magic, Inc. by themselves without using a lawyer. They filed the Certificate of Incorporation with the Delaware Secretary of State and paid the necessary filing fees to form Mocha Magic, Inc. However, they have not adopted any organizational documents for the corporation, they have not elected directors of the corporation and they haven't appointed any officers. To save money on bank fees, they use one of the brother's personal bank account for the business. The coffee supply company regularly delivers large burlap sacks of coffee beans to the shop. Under their written supply contract, Mocha Magic, Inc. is required to pay for the coffee beans within 30 days after the coffee supply company sends an invoice. Mocha Magic, Inc. has fallen behind in its payments to the supply company. A six-month road construction project closed the street on which Mocha Magic is located and, of course, business is suffering. The coffee supplier is tired of sending invoices to Mocha Magic, Inc. without receiving payment and brought a lawsuit to collect the $5,000 due on unpaid invoices for coffee beans. The supplier sued Mocha Magic, Inc. and each of the four brothers individually. Under these circumstances, which of the following is true?
The coffee supplier has a strong legal claim against all four brothers as shareholders of Mocha Magic, Inc. under the doctrine of 'piercing the veil.'
Steve is driving to an 8:00 class after staying up all night to study for his business law test. He is very tired and nods off while driving. Steve's car runs into the back of Bob's car causing $5,000 of damage to Bob's car. Bob is not injured. Bob gets Steve's insurance information. Steve's insurance adjustor contacts Bob and offers him a check for $5,000 in full and final satisfaction of any liability arising out of this car accident. Bob agrees to the settlement. In exchange for the money, Bob signs a release in which he agrees that he won't sue Steve as a result of the car accident. Bob cashes the $5,000 check but he hasn't had his car fixed yet. Later Bob's friends tell him he is a fool to settle for so little money. Bob calls the insurance adjustor to demand more money. Which of the following statements best describes this situation?
The company provided legal value to Bob by paying him $5,000. Bob provided legal value to the company by agreeing to refrain from doing something he's legally entitled to do. This agreement is supported by consideration and is enforceable.
Bill and Stella have entered into a written signed contract in which Bill has agreed to buy Stella's antique vase for $1,000. The closing is scheduled to take place two weeks after the signing of the contract. Three days before the scheduled closing, Stella dies. Because of Stella's death the following is the legal effect on the contract:
The contract is legally binding on Stella's estate which is bound to complete the transaction in accordance with the signed contract.
The Court held in Williams v. Walker-Thomas Furniture Company that:
The contract was not enforceable if its terms were unconscionable.
Which of the following describes the stakeholder theory of corporate social responsibility?
The corporation owes a duty to all of the company's stakeholders and has a duty to contribute positively to the world around it.
To win a strict product liability action in a state that has adopted Section 402A of the Restatement (Second) of Torts, a plaintiff must prove each of the following elements EXCEPT: The defendant is engaged in the business of selling the product. The defendant failed to use reasonable care in the manufacture or design of the product. The product reached the consumer without substantial change in the condition in which it was sold. The defendant manufactured or sold a product in a defective condition unreasonably dangerous to the injured person.
The defendant failed to use reasonable care in the manufacture or design of the product.
A knife manufacturer was sued in a claim of strict product liability by a consumer who cut his hand while slicing bread with the knife. The injured consumer claims that the manufacturer failed to adequately warn him that the knife was sharp. What defense would you raise if you were the knife manufacturer under these facts?
The defendant is not liable because the fact that knives are sharp is a generally known danger so there is no need to warn of it.
Susannah decided to trim some branches from the trees in her backyard. She went to the local ACE hardware store and bought a new Craftsman battery-powered chain saw for $85. When she got home she took it out of the box, quickly looked at the instructions and then climbed a ladder to cut off some of the tree branches. She lost her balance and fell off the ladder. The chain saw came into contact with her left hand and cut off two of her fingers (ouch!!). When she was released from the hospital, she consulted an attorney to find out who she could sue to recover for her injuries. Her lawyer told her that he thinks that the chain saw she bought had a design defect because it didn't have a lock-out or 'dead man' switch which would have stopped the chain saw from running when she was not pressing down on the trigger. Assuming this is considered a design defect making the product unreasonably dangerous, who can be held liable for Susannah's injuries under the doctrine of strict product liability?
The local ACE hardware store, the chain saw manufacturer and everyone else in the chain of distribution of this product
Sandy sends her friend Bob an email on Monday offering to sell Bob her 10-speed bike for $150. On Tuesday, Sandy is in a tragic car accident and is instantly killed. Without knowing about the car accident, Bob sends Sandy an email on Wednesday accepting her offer. Which of the following statements best describes the situation: A contract has been formed by offer and acceptance. Since Bob was unaware of the tragic car accident, his acceptance is effective and a contract has been formed. A contract has been formed under the Subjective Theory of Contracts. There is no contract under the mirror image rule. The offer to sell the bicycle was terminated by operation of law upon Sandy's death.
The offer to sell the bicycle was terminated by operation of law upon Sandy's death.
The holding in the case of Sherwood v. Walker is:
The seller is entitled to rescind (cancel) the contract.
Mary Jones is expanding her marketing firm (which currently has 20 employees). Mary places the following ad on Monster.com and other job applicant websites: "Successful Marketing Firm seeks to hire marketing associate with demonstrated skills in Internet keyword advertising campaigns. Job Requirements: college degree in marketing or related field, minimum of 5 years of relevant work experience. Only females will be considered for this position." Which of the following statements best describes the application of Title VII of the Civil Rights Act of 1964 ("Title VII") to this hiring practice?
This hiring practice is illegal discrimination based on disparate treatment.
Hilda the Homeowner and Cal the Carpenter have entered into a signed written agreement for Cal to do a complete re-model of Hilda's kitchen for a total fixed price (all-inclusive of labor and materials) of $10,000 with work to be complete by December 1. They have agreed on detailed plans and specifications for the new kitchen which are included in the contract. Cal begins work by demolishing the old kitchen but then does not return to install the new kitchen. Hilda tries to reach Cal repeatedly but is unable to do so. By December 10, a very frustrated Hilda hires Stuart the substitute contractor to complete her kitchen. Which of the following best describes this situation?
This is a material breach of contract by Cal.
Sally and Bob enter into a signed written agreement for Bob to buy Sally's house for $200,000 on May 1. Under the contract, all curtains and lighting fixtures are included in the sale. When Bob does his final 'walk-through' before the closing, he sees that the window in the powder room no longer has the pink ruffled curtains and he points this out at the closing. Which of the following best describes this situation?
This is a minor breach of contract by Sally.
Clive the Consultant provides services to business owners who need help with their websites in the areas of search engine optimization (SEO) and pay-per-click (PPC) advertising. Bob the Bookstore owner has a small used book store. Bob needs help with his store's website but he is on a tight budget. Clive and Bob meet at a networking event and Clive tells Bob about the benefits of SEO and PPC. Clive assures Bob that he can work with even the smallest budget and get excellent results. After further discussion, they enter into an oral agreement for Clive to perform an audit of Bob's website and provide a report on suggestions to improve the performance of the website. The cost of the audit is an agreed sum of $400. Clive completes the audit and provides Bob a written report recommending a plan of action to improve the performance of Bob's website which would cost Bob $15,000. This is way beyond Bob's budget and he tells Clive not to proceed. Clive sends Bob a bill for $400 for the website audit. Bob calls Clive to complain about the bill because the audit did not help him at all. Bob reminds Clive of his assurance that he could work with a small budget and get excellent results. Clive acknowledges that the $15,000 recommended plan of action might be a bit steep for a small business like Bob's and says: "Well, it sounds like you think I didn't come through for you on this audit. How about we agree to a $250 payment and we'll call it a day. I think that's fair, what do you say?" Bob responds: "Okay, Clive, that works for me." Bob sends Clive a check for $250 with a notation "payment in full." Which of the following statements best describes this situation?
This is an enforceable settlement of an amount in dispute referred to as an accord and satisfaction.
Sam is the CEO of Ace Appliance, Inc., which is based in Waco, Texas and manufactures and distributes commercial appliances. Business is booming and Sam needs to expand production by adding a new manufacturing plant. Sam's team has done extensive research and concluded that manufacturing plants are much more expensive to build and operate in the U.S. than overseas. Sam has asked Tom and Susan to present the pros and cons of building the new plant overseas or building it near corporate headquarters in Texas. Tom says, "If we build overseas, we'll be shipping valuable jobs out of the country. Profits shouldn't be the driving factor in this decision, we need to do what's right for all our constitutents including our employees, our community, our state and our country. Going overseas is not just bad for Waco or Texas, it's bad for the country. We should build that new plant here in Waco. Susan responds, "If we want to keep our shareholders happy, we've got to take steps to reduce our overhead while still maintaining the high quality of our product. It's our obligation to do what's best for our shareholders (while still complying with the law and ethical customs)- which, in this case, happens to be what's right for us, too." We should build that new plant overseas.
Tom's arguments are consistent with the stakeholder theory of corporate social responsibility.
Is the following statement true or false: 'Capacity' refers to a person's legal ability to enter into a contract.
True
Is the following statement true or false: 'Goods' are defined as all things that are movable except for money, securities and certain legal rights.
True
Is the following statement true or false: A completed contract (where both sides have fully performed their obligations) is not subject to rescission for failure to satisfy the writing requirements of the Statute of Frauds.
True
Is the following statement true or false: A person ratifies a contract entered into as a minor by words or actions taken after turning 18 showing an intent to be bound by the contract
True
Is the following statement true or false: Alex promises to pay $100 to anyone who finds his lost watch. Kate finds and returns the watch to Alex after hearing of the reward money. Alex and Kate have an enforceable unilateral contract.
True
Is the following statement true or false: All states have adopted the Uniform Electronic Transactions Act (UETA), which declares that electronic contracts and signatures are as enforceable as those on paper.
True
Is the following statement true or false: An agreement may be illegal even if it does not violate a statute.
True
Is the following statement true or false: If one party makes an improper threat that causes the victim to enter into a contract, and the victim had no reasonable alternative, the contract is voidable.
True
Is the following statement true or false: Illegal contracts are void and unenforceable
True
Is the following statement true or false: In a unilateral contract, one party makes a promise that the other party can accept only by actually doing something.
True
Is the following statement true or false: In order to be enforceable, a contract must be supported by consideration which is a bargained for exchange of legal value given and received by each party.
True
Is the following statement true or false: When two parties make an integrated contract, neither party may use parol evidence (evidence other than the written contract) to contradict, vary or add any terms to the contract.
True
Jack got a great deal on a round-trip airline trip from New York City to San Francisco paying $125 for the ticket. Jack found this fare on the airline's website, bought the ticket with his credit card and received an email from the airline with his confirmation code confirming the issuance of his ticket. The following day the airline emailed Jack cancelling his round trip ticket from New York City to San Francisco due to 'pricing error.' The airline offered to book Jack on the same flights at the corrected fare of $585. Under these circumstances:
Under contract law, Jack has a solid argument that the $125 ticket he bought is an enforceable contract.
Which of the following statements is/are true: Immanuel Kant was a German philosopher who was a proponent of utilitarian ethics. Under the Shareholder Primacy Theory, the corporation owes a duty to all the company's stakeholders and has a duty to contribute positively to the world around it. Under utilitarian ethics, if a decision creates the greatest good for the greatest number of people, it is ethical. All of the above
Under utilitarian ethics, if a decision creates the greatest good for the greatest number of people, it is ethical.
At a fraternity party, George mentions that he is going to learn to hang glide during spring break. Vicki, a casual friend, overhears him, and the next day she purchases a $100,000 life insurance policy on George's life. George has a happy week of hang gliding. But on the way home, he is bitten by a parrot and dies of a rare tropical illness. Vicki files a claim for $100,000. The insurance company refuses to pay. Under these circumstances:
Vicki will win nothing.
The objective theory of contracts is based on the premise that:
Whether the intent to be bound is present is based on how a reasonable person would view the parties' actions rather than on the actual intentions of the parties.
The campus club, 'Don't Do Drugs!', is launching a public awareness campaign alerting university students to the danger of using illegal drugs. William, the club chairman, recently bought a book at Borders called Drugs the Destroyer (price paid $25). John McBride is the author of the book. William wants to distribute 1,000 copies of the book as part of the public awareness campaign but the club doesn't have enough money to buy them. Instead, William scans the book onto his computer and burns 1,000 CD's of the book. The club freely distributes all of the CD's to students on campus. John McBride sues William for copyright infringement. Which of the following is true?
William is liable for copyright infringement.
Seller and Buyer orally agree on the purchase of a condo located at 123 Main Street, Meriden, CT at a purchase price of $135,000 with the closing to take place in 2 weeks. Buyer is willing to buy the condo without a contingency for an inspection or mortgage. Seller sends Buyer a detailed written Agreement accurately confirming the terms of their oral agreement and Seller signs the Agreement. He requests Buyer to sign it as well and to return the signed Agreement to Seller. Buyer does not get around to signing the Agreement. On the date of the scheduled closing, Buyer arrives at the closing prepared to complete the transaction but Seller refuses to sell the condo to Buyer. Under these circumstances, is this contract enforceable?
Yes, it is enforceable against the Seller.
Seller and Buyer enter into a signed written contract in which Seller promises to sell his yacht to Buyer for $7,000 and Buyer promises to buy the yacht for $7,000 with the transfer to take place on July 1. At the time the contract is signed by both parties, is it supported by consideration?
Yes. Both Buyer and Seller have provided the other legal value.
What does a plaintiff have to prove to win a claim of inducement of copyright infringement? That third parties engaged in direct copyright infringement That the defendant engaged in purposeful conduct that encouraged copyright infringement and had the intent to encourage such infringement That the defendant made at least $100,000 as a result of the copyright infringement. a and b
a and b
Farmer Elvin is holding 200 pounds of potatoes in storage for Chef Noble but Chef Noble has breached the contract by failing to pay for the potatoes. If Farmer Elvin sells the potatoes to a local diner to make potato soup and salad, then this action would be considered
a reasonable mitigation of damages.
The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is a stare decisis. a statute. an executive order. an ordinance.
a statute.
What are the elements of a cause of action for negligence? Duty Breach of duty Factual and Proximate Cause Damages All of the abov
all of the above
What are the elements of a cause of action for strict product liability under Restatement (2 nd) of Torts § 402A: The seller is engaged in the business of selling the product The product reached the consumer without substantial change in the condition in which it was sold The product is in a defective condition making it unreasonably dangerous to the consumer The plaintiff was injured as a result of the defective product All of the above
all of the above
Which of the following are exclusive rights of the copyright holder? Right to reproduce the copyrighted work Right to distribute the copyrighted work Right to perform the copyrighted work All of the above
all of the above
Which of the following are possible claims in a product liability suit based on negligence? Negligent design Negligent manufacture Negligent failure to warn All of the above
all of the above
Which of the following are requirements of a utility patent? Novel Nonobvious Utility All of the above
all of the above
Which of the following are trademarks that were once protected but are now generic? Aspirin Thermos Escalator All of the above
all of the above
Which of the following is true: To be valid, a trademark must be distinctive. A descriptive mark is not legally protected unless and until it has acquired secondary meaning. Fanciful trademarks are inherently distinctive. All of the above.
all of the above
Which of the following is/are potential defense(s) to a claim of employment discrimination under Title VII of the Civil Rights Act of 1964? Merit Seniority Bona Fide Occupational Qualification All of the above.
all of the above
Which of the following is/are requirements for protecting a customer list as a trade secret? The information was not readily available from other sources It creates an important competitive advantage The company makes a reasonable effort to protect it All of the above
all of the above
Which of the following statement(s) is/are true regarding a partnership? A partnership is a business entity in which two or more people join together to carry on a business for profit. A partnership provides the partners with no protection from personal liability. A partnership is a pass-through tax entity. All of the above.
all of the above
Which of the following statements is/are true? Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on both disparate treatment and disparate impact. An employer with fewer than 15 employees is not subject to the provisions of Title VII of the Civil Rights Act of 1964. The Duke Power Company case is a landmark case addressing employment discrimination based on disparate impact.
all of the above
Which of the following would be appropriate steps in an ethical decision-making framework? Recognize an ethical issue Gather the facts Evaluate alternative actions in the light of the ethical impact of such actions Make a decision and act on it
all of the above
Which of the following would be considered stakeholders of a corporation? Employees Customers Creditors All of the above
all of the above
Which of the following would be permitted uses under the Fair Use Doctrine? Limited use in news reporting Limited use in scholarship Limited use in research All of the above
all of the above
According to the stakeholder theory:
all the stakeholders in a corporate decision deserve some kind of moral consideration
The burden of proof required in a criminal case is:
beyond a reasonable doubt.
The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves
criminal law.
Is the following statement true or false: If a plaintiff cannot prove that the defendant employer intentionally discriminated on the basis of a protected category, there is no possibility of establishing employment discrimination under Title VII.
false
Is the following statement true or false: If it is not registered with the U.S. Patent and Trademark Office, a trademark has no legal protection.
false
Is the following statement true or false: Obesity is a protected category under Title VII of the Civil Rights Act of 1964.
false
Is the following statement true or false: The Coca-Cola logo is generic so it is no longer legally protected.
false
Is the following statement true or false: When two inventors invent the same product, the first one to invent it has priority.
false
Is the following statement true or false:The non-breaching party must mitigate damages or she will not be entitled to any remedy for the contract's breach.
false
Is the following statement true or false? A defendant will always win against a claim of strict product liability if the plaintiff has misused the product.
false
Is the following statement true or false? A trade secret cannot be legally protected longer than 20 years.
false
Is the following statement true or false? Registration of a work with the U.S. Patent and Trademark Office is required for copyright to attach to a work.
false
Is the following statement true or false? There is a broad (unlimited) exception to copyright law that allows teachers to use copyrighted material without permission of the copyright holder if the purpose of the use is educational.
false
Is the following statement true or false: A utility patent protects the functional aspects of an invention.
true
Is the following statement true or false: An employer being sued for employment discrimination under Title VII of the Civil Rights Act of 1964 will win the lawsuit if it can prove that the person it chose for the position in question was the most qualified for the job.
true
Is the following statement true or false: An employer is permitted to establish discriminatory job requirements if they are essential to the position in question, provided they are not on the basis of race or color.
true
Is the following statement true or false: Contracts for the sale of fabric, automobiles, computers, furniture, and paper clips would all be governed by Article 2 of the Uniform Commercial Code.
true
Is the following statement true or false: Ethics is an attempt to answer the question- "how should people act?"
true
Is the following statement true or false: In the case of fraud, the injured party generally has a choice of rescinding the contract or suing for damages or, in some cases, doing both.
true
Is the following statement true or false: Partners in a partnership are personally, jointly and severally liable for all obligations of the business.
true
Is the following statement true or false: Under the Shareholder Primacy Theory the managers of a corporation should take action to maximize the long term profits for the shareholders while complying with the law and society's ethics.
true
Is the following statement true or false? A consumer injured by a product can bring a product liability claim under negligence or under strict product liability.
true
Is the following statement true or false? A liquidated damages clause will be enforced if, at the time of creating the contract, it was very difficult to estimate actual damages and the liquidated amount is reasonable.
true
Is the following statement true or false? A person breaches the duty of due care by failing to act as a reasonable person would under the circumstances.
true
Is the following statement true or false? If a defendant acted as a reasonable person would under the circumstances, he will not be liable for negligence.
true
Is the following statement true or false? The duration of a copyright is 70 years after the death of an author who is an individual.
true
Is the following statement true or false? To win a product liability suit based on negligence, a plaintiff must establish all of the elements of a negligence cause of action: duty of due care, breach of the duty of due care, factual cause, proximate cause and damages.
true
Is the following statement true or false? Under strict product liability, it is irrelevant whether the defendant exercised reasonable care.
true
Is the following statement true or false? Under the doctrine of Sovereign Immunity, the government cannot be sued without its consent.
true
Is the following statement true or false? Under the tort of strict liability for an ultra-hazardous activity, a defendant who keeps a wild animal is liable for any injury caused by the animal regardless of whether he exercised reasonable care under the circumstances.
true
s the following statement true or false? Strict product liability is a no-fault liability.
true
Vince has begun forgetting things and is becoming very difficult to get along with. He is 85, has been ill with pneumonia and bronchitis. Vince is very fond of his longtime housekeeper Annie. He gives a deed to Annie for all of his real property. At Vince's death, his children, who got only his photograph albums according to the will, ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children. The probable result will be:
unless the children can prove that Vince was unable to understand what he was doing, or that Annie used her position to improperly influence Vince, Annie can keep the property.