Chapter 20 & 22

True or False: If, before the time for performance has passed, a buyer communicates an intent not to perform according to the terms of the contract, the seller can consider the buyer in breach of that contract and immediately pursue a remedy.

True

Jack and Jill form a contract under which Jack agrees to sell Jill 750 buckets. The contract price is $2.50 per bucket. Jack breaches the contract by not delivering the buckets to Jill by the deadline. Jill is able to obtain the buckets from a different seller for $3.50 each. Jill can recover compensatory damages in the amount of:

750

When a merchant orders goods by mail "for prompt shipment" the supplier may accept: By promptly shipping the goods. Accept, and add an additional non material term without causing a rejection of the offer. Any of the choices By sending a promise agreeing to ship promptly.

Any of the choices

True or False: By using another's trademark, an infringing business could confuse customers, and lead consumers to believe that its goods were made by the other business (that legitimately owns the trademark).

True

When a parcel of land has crops growing on it, the sale includes the crops as fixtures, or part of the land itself. The entire sale is governed by: The UCC Common Law

Common Law

True or False: If a contract specifies a certain shipment service provider, any substitution of provider for any reason will be considered a breach of contract

False

In its ads for athletic shoes, Fleet Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Sleet, Inc. Fleet Feet's unauthorized use of the mark constitutes trademark dilution, provided that Fleet Feet and Sleet are competitors. Fleet Feet's use is likely to impair the distinctiveness of Sleet's mark or harm its reputation. Fleet Feet's use is intentional. consumers are confused.

Fleet Feet's use is likely to impair the distinctiveness of Sleet's mark or harm its reputation.

Imagine Atlanta Braves All-Star outfielder Ronald Acuña Jr. has opened a restaurant chain called "McRonald's." McRonald's is using a similar arch-style design colored navy and red. McDonald's files a lawsuit against Ronald Acuña Jr. and McRonald's requesting an injunction. McDonald's claims McRonald's is weakening the distinctiveness of its brand and is harming its reputation. What is the legal basis of McDonald's claims? Theft of trade secrets Trademark dilution Trademark infringement Copyright infringement

Trademark dilution

Brian, an agent for Clarion Motors, Inc., writes a letter on behalf of Clarion Motors to Dina on November 1 stating that he will sell her a 2016 Subaru Outback for $20,000 between November 1 and December 31. Brian's letter to Dina is an option contract none of the choices a merchant's firm offer an acceptance

a merchant's firm offer

Containers, Inc., sends its standard order form to Distribution Corporation to evidence a sale of packing materials. Distribution responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless the offeror objects to the new terms within a reasonable time. the terms materially alter the original contract. any of the choices the original offer expressly required acceptance of its terms.

any of the choices

True or False: An arbitrary use of ordinary words, such as FaceBook or InstaGram, may not be trademarked.

false

Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration runs for the life of the corporation plus 70 years is renewable every ten years. is not renewable runs forever

is renewable every ten years.

Two parties are in a dispute over a sale involving a bicycle. Diego, the purchaser, argues that as to this deal Ed's Hobby Shop (where Diego bought the bike) is a merchant. A court may determine whether Ed's is a merchant by assessing whether it holds itself out by occupation as having knowledge or skill unique to the bike in the transaction none of the choices it has sold any bikes within the last year. it subscribes to Bike, a weekly trade magazine

it holds itself out by occupation as having knowledge or skill unique to the bike in the transaction

ABC Toy Store orders one hundred board games from Big Board Games Inc. When the games are delivered, they are all missing pieces. ABC rejects the shipment. To cure, Big Board Games must pick up the nonconforming games before the end of the business day enter into a new contract with a new buyer pay a cure fee promptly notify ABC of the intent to cure

promptly notify ABC of the intent to cure

TackMaker, Inc., and Silver Stallion Stables enter into a contract for a sale of bridles, saddlery, and other equine equipment. TackMaker delivers, but Silver Stallion does not pay. TackMaker can normally recover as damages ​the purchase price plus incidental damages, such as the cost of finding a new buyer. any profit lost minus any loss avoided. ​the market price at the place at which the seller delivered the goods. ​whatever amount the seller wishes to claim.

the purchase price plus incidental damages, such as the cost of finding a new buyer.

Josefina owns a condominium that she hires Katrina to manage. Josefina gives her daughter Lucia $450 on her sixteenth birthday. Josefina sells her car to her neighbor Maria for $1,500. UCC Article 2 covers all of the choices the sale to Maria the gift to Lucia the employment contract with Katrina

the sale to Maria

Brothers Larry and Jimmy Flynt were in the adult entertainment business. Larry Flynt started Hustler magazine and opened additional Hustler clubs. Larry obtained legal protection for "HUSTLER" and "LARRY FLYNT". Years later, Jimmy opened a store called FLYNT Sexy Gifts without paying Larry a licensing fee. Larry claimed that Jimmy's use of the name FLYNT in this capacity would cause confusion for customers. Larry filed suit requesting the court issue an injunction. What form of "intellectual property crime" did Jimmy commit? Copyright infringement Trademark infringement Licensing fraud Trademark dilution

trademark infringement

TackMaker, Inc., and Silver Stallion Stables enter into a contract for a sale of bridles, saddlery, and other equine equipment. TackMaker delivers, but Silver Stallion does not pay. TackMaker can normally recover as damages ​the market price at the place at which the seller delivered the goods. any profit lost minus any loss avoided. ​the purchase price plus incidental damages, such as the cost of finding a new buyer. ​whatever amount the seller wishes to claim.

​the purchase price plus incidental damages, such as the cost of finding a new buyer.