CLAW Study guide 2

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act, alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, a recovery may include

A. Actual damages and profits in any amount

Fresh Milk, Inc., is the offeror and Guernsey Dairy Farm is the offeree under a unilateral sales contract. Fresh is not notified of Guernsey's performance within a reasonable time. Fresh

A. May treat the offer as having lapsed

Constitutional safeguards to protect the rights of individuals apply in federal courts.

True

The element of intent is of prime importance in determining whether a contract has been formed.

True

Unsecured creditors do not have a vote to confirm a Chapter 13 plan.

True

A student loan is discharged under Chapter 13 unless the creditor can show "undue hardship."

true

A verdict of guilty to a criminal charge nearly always requires a unanimous jury

true

A wrongful mental state is typically required to establish criminal liability

true

Acceptance of goods precludes the buyer or lessee from exercising the right of rejection

true

After a contract is made, a supervening event may make performance impossible and discharge the contract.

true

All persons who are arrested have the constitutional right to remain silent.

true

An acceptance must be unequivocal.

true

An artisan's lien is effective only if a creditor has possession of the property.

true

An effective offer requires reasonably definite terms.

true

An innocent party can rescind a fraudulent contract and be restored to his or her original position

true

An internal company network can better protect the company's trade secrets.

true

An unenforceable contract is one that cannot be enforced because of certain legal defenses against it.

true

Any "person"—defined as including corporations—may be a debtor in a liquidation proceeding

true

Before filing for bankruptcy, a consumer-debtor must receive credit counseling.

true

Browse-wrap terms are often unenforceable

true

Changing a trademark is forgery.

true

Corporations, like persons, can be liable for crimes.

true

Duress is a possible ground for rescission of a contract.

true

Employees' posts on social media may be protected under labor law.

true

Federal law prevents a provider of communication services—such as a cell phone company—from divulging private communications to certain entities and individuals.

true

If a bargain is grossly unfair, it is unconscionable.

true

If a buyer breaches a contract, the seller can simply cancel the contract.

true

If a buyer repudiates a contract, the seller can bring an action to recover damages.

true

If a debtor's income is below the median income, there is no presumption of bankruptcy abuse.

true

If no time for performance is stated in a contract, a reasonable time is implied.

true

In a few states, statutes allow the homestead exemption only if the judgment debtor has a family.

true

In most situations, when a breach of contract occurs, the innocent injured party is held to a duty to mitigate the damages.

true

In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

true

Individuals who are arrested must be informed of certain constitutional rights.

true

Legally sufficient consideration is something of value in the eyes of the law

true

Normally, specific performance will not be granted unless the party's legal remedy is inadequate.

true

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

true

One purpose of criminal sanctions is to deter others from committing similar crimes in the future

true

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

true

Performance can constitute the consideration that creates a contractual obligation.

true

Picking pockets is not robbery

true

Public officials prosecute criminal defendants

true

Punitive damages are generally not awarded in an action for breach of contract

true

Recording a mortgage perfects the lender's security interest in the mortgaged property.

true

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.

true

Revocation of acceptance is effective on notice to the seller or lessor

true

Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts.

true

The Fourth Amendment protects against unreasonable searches by the government.

true

The UCC imposes some different rules on merchants.

true

The UCC requires a contract modification to be supported by new consideration.

true

The United Nations Convention on Contracts for the International Sale of Goods provides international sellers and buyers with remedies similar to those available under the UCC.

true

The basic duty of a bankruptcy trustee is to collect the debtor's property and reduce it to money for distribution.

true

The clerk of a bankruptcy court must provide consumer-debtors with information on the types of services available from credit counseling agencies.

true

The filing of a petition for bankruptcy will automatically stay most legal actions against the debtor.

true

The manufacture, import, sale, and distribution of devices or services for the circumvention of encryption software is prohibited.

true

The measure of compensatory damages often varies by type of contract

true

The seller's or lessor's major obligation under a sales contract is to tender conforming goods to the buyer or lessee.

true

To be characterized as a "good" under the UCC, an item of property must be movable.

true

To be merchantable, goods must be at least average, fair, or medium-grade quality.

true

To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation

true

To supply false information on official bankruptcy schedules is a crime.

true

Under federal law, an e-document is not as enforceable as a paper one.

true

Under the UCC, an oral contract for a sale of goods is enforceable if goods have been received and accepted.

true

Under the UCC, parties to sales and lease contracts are free to establish whatever terms they wish.

true

Unlike the UCC, the United Nations Convention on Contracts for the International Sale of Goods does not apply to consumer sales.

true

Using social media to defraud is a federal crime.

true

When a buyer breaches a contract, the risk of loss immediately shifts to the buyer.

true

When a document of title is required, title passes to a buyer when and where the document is delivered

true

When a seller refuses to deliver goods that are unique, a buyer can obtain specific performance.

true

When a waiver of a breach of contract occurs, the party waiving the breach cannot take any later action on it.

true

When an anticipatory repudiation occurs, it is treated as a material breach of a contract.

true

When the risk of loss for goods passes from a seller to a buyer is generally determined by the contract between the parties.

true

When you download an application on your smartphone, you are typically entering into a license agreement.

true

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

c. in writing or evidenced by a written memorandum.

Bev wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in her car, and drives away. This is

c. larceny

An award of damages for a breach of contract can elevate the nonbreaching party to a better position than he or she would have been in if the contract had not been breached.

false

An expression of opinion—"this is excellent"—is an offer.

false

An invitation to negotiate—"can you afford this?"—is an offer.

false

An obligation is enforceable only if it is made in return for actions or events that have already taken place

false

Bankruptcy proceedings are held in state courts.

false

Both intended and incidental beneficiaries acquire legal rights in a contract.

false

Criminal law spells out the duties that exist between persons or between citizens and their governments.

false

Criminal liability for the piracy of copyrighted materials extends only to persons who exchanged unauthorized copies for profit.

false

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.

false

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

false

Embezzlement can be committed only by physically taking property from the possession of another.

false

Even if goods are not identified to the contract, the title and risk of loss can still pass from the seller to the buyer

false

Falsifying public records or altering a legal document is larceny.

false

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

false

Federal law permits the intentional interception of any wire, oral, or electronic communication.

false

File-sharing software can be used to download others' copyrighted property without liability for any infringement.

false

If a mistake concerns the future value of the object of the contract, a court will normally provide relief.

false

In the absence of any specific agreements, the buyer or lessee must make payment after receipt of the goods

false

Intangible property has conceptual existence and thus comes under Article 2

false

It is not a crime to defraud the public through the use of e-mail ads.

false

Liquidated damages provisions are generally unenforceable.

false

No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

false

Once a discharge is granted, it may not be revoked, even if, for example, a debtor concealed property to defraud a creditor.

false

Only a statement made after a contract is entered into can be an express warranty

false

Racketeering is a single crime—engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

false

Risks ordinarily assumed in business can constitute consideration for the modification of a contract.

false

Social media users can post trademarked images or copyrighted materials without infringing the owners' rights, even if it is done without permission

false

Some student loans are dischargeable in a Chapter 7 bankruptcy.

false

The Anticybersquatting Consumer Protection Act applies to most, but not all, domain name registrations of trademarks

false

The doctrine of commercial impracticability only extends to problems that are foreseen.

false

The failure of one party to perform a contract entitles the other party to rescind it.

false

The law restricts the "fair use" of methods for bypassing encryption software for noncommercial purposes.

false

The risk of loss in a shipment contract passes to the buyer when the goods are delivered to the buyer at the specified destination.

false

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

false

The seller's right to cure does not affect the right of the buyer or lessee to reject goods.

false

There are no revocable offers

false

Under the UCC, an offeree can accept an offer to buy goods only by a promise to ship conforming goods

false

Under the doctrine of promissory estoppel, a promise will not be enforced unless it is supported by consideration.

false

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

false

When a change in the law renders the performance of a contract illegal, the nonperforming party is normally held in breach of contract.

false

When a contract party materially alters a written contract without consent, the other party must adapt his or her performance accordingly.

false

When both parties to a contract are mistaken about the same material fact, the contract cannot be rescinded.

false

A person's intent to return embezzled property—or its actual return—is not a defense to the crime of embezzlement.

True

An Internet service provider is liable for any act of copyright infringement by its customer

false

A contract will be discharged if unforeseeable circumstances make it impossible to attain the contract's purpose.

true

A farmer cannot be forced into involuntary bankruptcy.

true

A preference occurs when a debtor transfers property or money favoring one creditor over others.

true

Larry has fifteen creditors. To force Larry into bankruptcy proceedings, at least three creditors must join the petition and their unsecured claims must add up to at least

B. $15325

Ron offers to pay Sara to pick up and deliver certain business documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Ron and Sara will have

B. A unilateral contract

Amy and Bob enter into a contract for Bob to perform waste management services for Amy's commercial properties. Later, Bob alters a material term—increases the price—without Amy's knowledge or consent. Amy

B. Can treat the contract as discharged

Confections Corporation orders Delicious-brand Chocolate Bars from Edibles Company. Edibles identifies the goods. Before they are shipped, an insurable interest in the goods exists in

B. Edibles only

Kim enters into a contract to lease an apartment from Laurel Wood Apartments. The lease contains an exculpatory clause. This clause is

B. Enforceable if it releases the landlord from liability regardless of fault

To adjust debt and institute a repayment plan, Don, a family fisherman in the Pacific Ocean off the coast of Alaska, may file a petition in bankruptcy for relief under the Bankruptcy Code's Chapter

C. 12

Ozzie files a petition in bankruptcy for relief through an individual's repayment plan. He is granted a discharge. Debts that will not be discharged include claims for

C. Allowed claims not provided for by the plan

Edgar refuses to pay Delia $500 for the cost to repair Edgar's washing machine and dryer, which Delia still possesses. Delia has a lien on the machines, which will terminate

C. If she voluntarily surrenders possession

Lynn, the owner of Market Sales Company, sells the firm to Nell for a note payable to Lynn for $100,000. Nell does not pay the note and files for bankruptcy under Chapter 7. The debt represented by the note is

C. Not dischargeable if Nell concealed assets to defraud Lynn.

Lucy owns a condominium that she leases to Marie, gives her son Neal $450 on his sixteenth birthday, and sells her car to her neighbor Odalles for $1,500. UCC Article 2 covers

C. The sale to Odalles

Property Management, Inc. (PMI), presents a standard-form lease for an apartment to Quentin, a potential tenant. PMI offers it on a take-it-or-leave-it basis. Quentin signs it, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the ground of

C. Unconscionability

Creditors hold judgments on overdue debts against Expert Auto Repair when the debtor receives a discharge in bankruptcy. The discharge will

D. Void any creditor's judgment on a discharged debt

Fresh Gro, Inc., offers to deliver produce to the customers of Grocer's Mart for a certain price. Fresh's intent to extend a serious offer to Grocer's Mart is determined by reference to Fresh's

D. Words and action

Damages that compensate the nonbreaching party for the loss of a bargain are known as consecutive damages

False

Guido and Hal want to rescind their contract under which Guido sold Hal a mountain bike for $100. To rescind the contract

a. Guido must return the $100 and Hal must return the bike.

After an accident with a vehicle licensed to Guardian Security Company, Heidi signs a covenant not to sue Guardian Security for damages in a tort action if it pays for the damage to her car. This covenant is

a. a bar to recovery if Guardian Security pays.

Clay offers to pay Dian $50 for a golf lesson for Ewan. They agree to meet on Friday to exchange the cash for the lesson. These parties have

a. a bilateral contract.

Talk, Inc., offers to buy from Ultra Corporation 1,000 phones. Without notifying Talk, Ultra timely ships phones of a different quality. With respect to the offer and a possible contract, this shipment is an acceptance and

a. a breach

Via the Internet, Rocco sabotages the computer system of Quik Chik'n Inc., a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocco is

a. a cyberterrorist

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

a. a license

Copper Circuit, Inc., and Direct Electric LLC sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to estimate but approximately $1,000." This is

a. a liquidated damages clause

Lindsay operates a sole proprietorship, a corporation, and a partnership. She wants to obtain relief for her individual debts and the debts of her corporation and partnership. For each of these, she may file a petition in bankruptcy for relief through

a. a liquidation

Play-It-Loud, LLC, provides music-streaming services online subject to complex pricing schedules. To control specific offers for the services and thus the resulting contracts, important terms to provide online include

a. a provision relating to the resolution of any dispute.

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software. Under the Digital Millennium Copyright Act, this is

a. a violation of copyright law.

Employees of Bodegas & Bistros Inc. (B&B) maintain a password-protected social media page to "vent about work." When B&B learns of the page, the company intimidates the network that operates it into revealing the password. After reviewing the posts, B&B fires the participants. Most likely, this is

a. a violation of the Stored Communications Act.

Eddie and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is

a. a violation of the intellectual property rights of the owners of the images and materials.

Medico Inc. enters into a contract to sell medical supplies to New Hospital Corporation, which sells some of the items to Physicians Clinic, which later sells them to Oscar, a patient and consumer. Article 2 of the UCC applies to the sales transactions between

a. all buyers and sellers.

Real Gear Corporation enters into a contract to sell ski equipment to Sno-Sports Inc., which sells a pair of the skis to Tyra, a consumer, who later sells them to Upton, another consumer. Article 2 of the UCC applies to the sales transactions between

a. all of the buyers and sellers

Patty files a petition in bankruptcy. At the moment of filing

a. an automatic stay goes into effect

On behalf of the jazz group Fusion, their manager Greg agrees to a performance in Hillside Amphitheatre on July 4.Hillside sends a written copy of the agreement to Greg to be signed. If Greg signs the copy, the parties will have

a. an express contract.

EZ Credit, Inc., lends $1,000 to Joe. Kay acts as Joe's surety. If Kay pays the loan, she gets

a. any right that EZ had against Joe, but not a right to be repaid by Joe

Band Instruments, Inc., sells seventy-six trombones to Community & School Band Source, Inc. To avoid liability for most implied warranties, Band Instruments should state in writing that the trombones are sold

a. as is

Olive borrows money from Capital Loan Company. For Capital to obtain a writ of execution, Olive must

a. be unable or refuse to pay the amount of a judgment.

Brian offers Carly a dozen piano lessons for a certain price per lesson but conditions the deal on Carly accepting the offer by April 1. Brian may revoke the offer

a. before Carly accepts the offer.

Grande Floors, Inc., and Home Decor Stores enter into a contract for a sale of carpeting. Grande Floors, a merchant who deals in goods of the kind sold, makes express warranties in connection with the sale. Under the UCC, at the time a contract is formed, an express warranty can be disclaimed or modified

a. by clear, conspicuous language called to the buyer's attention.

Daniel is a trustee for a federal bankruptcy court. Daniel's duties include

a. collecting the debtor's available estate.

Jo files a voluntary petition for bankruptcy under Chapter 7. The court will likely deny a discharge of her debts if she

a. conceals records of her financial condition to defraud a creditor.

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is

a. copyright infringement.

Jason transfers select copyrighted music recordings, without the copyright owners' authorization, through his computer and phone to his friends. Jason does not charge his friends for his "service." This is

a. copyright infringement.

Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment

a. cybersquatting can flourish.

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

a. cybersquatting.

Pavers Inc. contracts to buy some heavy equipment from Earthmovers, Inc. Before either party performs, Earthmovers sells its assets to Excavation Corporation. On learning of the sale, Pavers is concerned about its contract with Earthmovers. Pavers should

a. demand assurances of performance from the seller

Matt files a petition for a discharge in bankruptcy. His failure to appear at a meeting of the creditors listed in his schedules may result in him being

a. denied a discharge of bankruptcy.

Refer to Fact Pattern 9-2. By using a domain name similar to CallTalk's, CellTalk is most likely

a. diminishing the quality of CallTalk's mark.

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include

a. divestiture or dissolution of Sandy's business.

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is

a. effective.

Global Corporation enters into contracts with buyers in e-commerce and traditional commerce. The Uniform Electronics Transactions Act applies, if at all, only to those transactions in which the parties agree to use

a. electronic means.

Bond, the owner of CinePlex, trusts Dex to manage the theater's daily cash flow. One night, without Bond's knowledge or consent, Dex takes and keeps $1,000 from the receipts. This is most likely

a. embezzlement.

While sailboarding, Jolene is injured when Kirby carelessly crosses her path. Kirby's insurance company offers Jolene $50,000 to release Kirby from liability, and she accepts. Later, Jolene learns that her injuries are more serious than she realized. The release is

a. enforceable.

Lou offers to service Millie's heating and air conditioning system for one year for $500. Under the mirror image rule, Millie's response will be considered an acceptance if the terms of the acceptance

a. exactly mirror those of the offer.

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

a. forgery.

Alan induces Beth to enter into a contract for the purchase of a Chef's Burger House restaurant. Alan knowingly misrepresents a number of material features about the restaurant and the business. When Beth discovers the truth, she can rescind the contract on the basis of

a. fraud

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

a. if he suspects the information will be used to prosecute him.

Broadband, Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Under federal law, Broadband is

a. immune from liability.

Equipment Rentals Corporation (ERC) agrees to lease two backhoes to Dig & Fill Construction, Inc. Before any interest in the backhoes can pass from ERC to Dig & Fill, they must be

a. in existence and identified as the goods in the contract.

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) has been adopted by eighty-four countries, including the United States and China. Glide Ride Inc. in the U.S. and Hangzhou Bikes Ltd. in China enter into a contract for a sale of bicycle parts. A dispute arises that leads to a conflict between the CISG and the UCC. In this situation, the CISG applies because

a. it is a treaty of the U.S. national government.

Rose commits an act via e-mail against Savers Bank, a business in Texas, where the act is a cyber crime. Rose resides in Utah where the act is not a crime. Prosecution of Rose in Texas involves questions of

a. jurisdiction.

Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is

a. malware.

Refer to Fact Pattern 9-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

a. none of the choices.

Quinn contracts to provide ten tons of scrap steel at $500 per ton to Rendered Materials, Inc. An unforeseen shortage of scrap steel suddenly develops, making it impossible for Quinn to fulfill the contract for less than $5,000 per ton. Quinn's best defense against performing the contract would be that

a. performance of the contract is commercially impracticable.

Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states

a. prohibit or regulates the use of spam

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 must

a. promptly notify ABC of the intent to cure.

Bytes Inc. enters into contracts for its cloud services online. Bytes can protect itself against disputes involving these contracts by making important terms

a. reasonably clear.

Don enters into a contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promise, Don learns that Eve does not have access to any unique software and files a suit, alleging fraud. Proof of an injury is required to

a. recover damages.

Moe threatens physical harm to force Norel to contract to pay him for protecting her store against vandalism and destruction. Norel may

a. rescind the contract or refuse to comply with its terms.

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should

a. seek to use the authority of the court to obtain the identity from NuView.

Renee's voluntary petition for bankruptcy is found to be proper. The order for relief is effective as soon as

a. she files the petition.

Prodigious Profit, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by

a. the companies that own the sites and the apps.

Dan defaults on a debt to Rachel. Rachel will not be able to recover the debt from

a. the sale of Dan's prize-winning pet dog.

Zeke files a petition for bankruptcy under Chapter 13. Zeke's Chapter 13 plan must provide for

a. the turnover of his future income to the trustee.

Ruth owns Skyview, a complex under construction that will include commercial and residential suites, and a parking garage. She allows Town Contracting, the contractor, to complete a stage of the project late. This waives Ruth's right to sue for

a. this delay.

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can

a. track individuals' Web browsing activities

Megan gives out a business card with an e-mail address on it. It is reasonable to infer that Megan has consented to

a. transact business electronically

Refer to Fact Pattern 9-1. One of the advertisers—either Sound Financials or Instable Investments—is acting within the bounds of federal law. Federal law permits the sending of

a. unsolicited commercial e-mail.

Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by

a. using the authority of the court

Oxley contracts to buy a pizza oven from Restaurant Supplies Warehouse (RSW) for $2,500, but RSW fails to deliver. Oxley buys the appliance else-where for $3,500. Oxley's measure of damages is

b. $1,000 plus incidental damages

Cow's Milk Creamery, Inc., needs a certain part for its pasteurizing equipment to continue its operations and orders one for $3,000 from Dairy Supplies Company. Cow's Milk tells Dairy Supplies that it must receive the part by Tuesday or it will lose $10,000. Dairy Supplies ships the part late. Cow's Milk can recover

b. $10,000.

Julie owes Ryan $10,000. When the debt comes due, Julie refuses to pay. Ryan obtains a judgment to collect the debt. Using a writ of execution, the court orders the sheriff to seize Julie's boat and sell it to pay the debt. The boat sells for $15,000. Ryan will receive

b. $10,000.

Chet, a minor, signs a contract with Denise, an adult. The contract is voidable at the option of

b. Chet only.

Household Products Corporation sells Ideal-brand vacuum cleaners to Jolly Discount Stores and other retailers. Household will have an insurable interest in the cleaners as long as

b. Household retains title to the goods.

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when

b. Mia offered the bribe.

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission. Some federal courts have found that such digital sampling is

b. a "fair use" exception to the provisions of the act.

Jordan believes that she needs to obtain a discharge in bankruptcy through an individual's repayment plan. This proceeding can be initiated by a filing of a petition by

b. a debtor.

A contract between Fruit of the Valley Corporation and Green Grocer, Inc., requires Fruit to deliver goods to Green's place of business. This is

b. a destination contract.

Troy files a petition for bankruptcy. Troy must include with the petition

b. a list of creditors and the amount of the debt owed to each.

Isaac holds one ton of perishable fruit in storage for Juice Smoothies Corporation. Juice Smoothies does not pay for the storage. Isaac sells the fruit to Kayo Beverage Company. This sale represents

b. a mitigation of damages.

Clean Mouth Clinic offers to buy from Dental Supplies Company a certain quantity of floss and other items for a certain price. Dental can accept the offer by

b. a promise to ship or a prompt shipment of the goods.

Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open in return for a small payment but does not state an exact period of time. With respect to this offer

b. a reasonable period of time is implied.

Revenue & Sales Corporation and Software, Inc., enter into a contract for the design of custom software for which Revenue & Sales agrees to pay $64,500. Software transfers the right to payment under the contract to CreditLine LLC. This transfer is

b. an assignment

Flo tells Ginger during a phone call that she will buy her textbook from last semester for $65. Ginger agrees. These parties have

b. an express contract.

Digital Enterprise, Inc., promises to pay its employees a year-end bonus "if profits continue to be high and management agrees at the time." This is

b. an illusory promise.

Lyle and Miranda agree that Lyle will fix the refrigeration unit in Miranda's Buns n' Burgers in exchange for her payment of a debt that Lyle owes to New Credit Corporation. New Credit is

b. an intended beneficiary

Jessie's debt to Kayla is past due. Kayla brings a legal action against Jessie to collect the debt. Kayla asks the court to order Liberty Bank, in which Jessie has an account, to pay a portion of the funds to Kayla. This is a request for

b. an order of garnishment

Jason and Kelly enter into a contract for Jason to renovate Kelly's house by a certain date. Jason never performs. After the applicable limitations period has passed, Kelly decides to bring a suit against Jason for breach. This suit

b. can no longer be brought

Quiana, an employee of Reservations-for-Less, Inc., pays Sven, an employee of Reservations-for-Less' competitor Travel Cheap, Inc., for a secret company pricing schedule. This may be

b. commercial bribery.

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are

b. cookies.

Pine Mills Inc. and Quality Lumber Company enter into a contract for a sale of plywood to be delivered under a destination contract. This contract requires Pine Mills, the seller, to

b. deliver the goods to a particular destination.

Home Construction LLC enters into a contract with Irene to build a house. Before Home starts to work, the market price for its services increases—in effect, Home will lose money by if it fulfills its contract with Irene. Home notifies her that it will not perform. Home's obligation to perform is

b. discharged

Maggie is a surety for Jo's debt to Bill. Bill and Jo decide to make material changes to the original contract without informing Maggie. Maggie is

b. discharged completely

Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is

b. embezzlement

Builders Construction files a voluntary petition for bankruptcy. In listing its assets, Builders intentionally omits certain assets, including plots of undeveloped real estate. After Builders is granted a discharge, Commercial Electric, one of Builders' unsecured creditors whose claims were discharged, learns of the fraud. Commercial Electric can

b. enforce its claim against Builders

Kali contracts to sell Leony her car for $3,000. This contract will be fully discharged when Kali and Leony

b. exchange the car for the $3,000.

Home Remodelers, Inc., and Imogen enter into a contract for a sale of cabinets and countertops. Home Remodelers, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably

b. fit for the ordinary purpose for which such goods are used.

Cassie files a voluntary petition in bankruptcy for relief through a liquidation proceeding. Among her debts that will not be discharged are claims

b. for money to be paid for goods not delivered.

Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO

b. for the commission of any business fraud.

Jordan reaches into Ken's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve

b. force or fear.

Chad signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

b. forgery.

Berry enters into a contract with Clyde for a guided tour of Deep Canyon. Clyde represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Berry is most likely a victim of

b. fraud.

Elbert uses FedEx in a scheme to defraud Global Sales Company by obtaining merchandise to which he is not entitled. Found guilty of mail fraud, Elbert can be punished by

b. imprisonment for up to five years and fines of up to $1,000.

Rhino causes a disturbance at Soufflé Café. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by

b. imprisonment up to one year.

Rob's creditors try to force him into involuntary bankruptcy. The creditors will be unsuccessful if Rob

b. is a farmer

Minerals Ltd. contracts to provide several manufacturers with tin. When a cartel of tin-producing countries suddenly embargoes future shipments of tin to Minerals so that it cannot fulfill its contracts, the distributor

b. is excused from the performance of its contracts.

Orin signs a covenant not to compete with his employer, Product Distribution, Inc. The covenant will be enforced if it

b. is reasonable with respect to geographic area and duration.

Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The parties to the shrink-wrap agreement are

b. learns of it after the contract is formed.

Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is

b. liable to Niki under the doctrine of promissory estoppel.

Reese, driving while intoxicated, causes a car accident that results in the death of Sanyo. Reese is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

b. more than one year.

Juan and Isidro enter into a contract to buy, restore and reopen the Coastal Park Carousel. Before either party begins to perform, they agree to cancel their deal. This is

b. mutual rescission

Carlos and David contract for the sale of five hundred head of Carlos's cattle for $95 per head. Unknown to either party, an unforeseen storm has struck the herd and many of the cattle have died. David is

b. not required to pay due to the bilateral mistake.

Thirty-one days before filing a petition in bankruptcy, Gavin transfers property and makes payments that favor one creditor over another. These are

b. preferences.

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bernie to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

b. probable cause.

Lauren files a suit against Moving Service for breach of contract, based on what Lauren claims was Moving's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are

b. reasonably definite.

A contract for a sale of land from Bayside Properties, Inc., to City Development Corporation contains an erroneous legal description. The most appropriate remedy for these parties is

b. reformation.

Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with

b. robbery.

Rafi offers a tour of Bay Harbor aboard his sailboat, Sea Siren, to Tiara's Travel Group for $500. Referring to the prices for similar tours, Tiara's says, "We'll pay no more than $400." Rafi's offer is

b. terminated.

Bob claims that Carla breached their contract for tutoring. Carla responds that she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to

b. the objective theory of contracts.

Robert registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand— sweetfriedpotatoes.com. This is

b. typosquatting

Mother & Daughter Jewelers breaches its lease with Longview Mall and vacates the premises six months before the end of the term. In some states, Longview would have to

b. use reasonable means to find a new tenant to mitigate damages.

Frank performs a contract with Gene to add a garage to Gene's property, but Gene does not pay. Frank can file a lien on Gene's property if, from the last date labor or materials were provided, he acts

b. within 60 to 120 days.

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

b. within Leeway's rights as an employer.

Robin's home is in a state that has a $30,000 homestead exemption. Robin defaults on a $60,000 debt that she owes to Suburban Mortgage Company. Robin's home is sold at auction for $80,000. From the proceeds, Suburban may recover

c. $50,000.

Car Lot's salesperson Dick offers to sell Ernie, who is twenty years old, a car. Dick intentionally misrepresents the vehicle's use and repairs. In reliance, Ernie buys the car. To prove fraud, Ernie does not have to show that

c. Ernie is under twenty-one.

Refined Grains, Inc., agrees to sell to Sunny Cereal Company a certain quantity of refined oats each week but no mention is made of where the goods are to be delivered. In general, the UCC requires that the delivery take place at

c. Refined's place of business.

Roofing Company buys asphalt tiles from Shingles, Inc. The parties agree that the tile will be shipped "F.O.B. Shingles warehouse" to Roofing's location via Shipping Corporation. The tiles are lost in transit. The loss is suffered by

c. Roofing Company

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is

c. a "fair use" exception to the provisions of the act.

Donna goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when

c. a debtor's creditors force the debtor into bankruptcy proceedings.

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

c. a license.

Spicy Pizza, Inc., files for bankruptcy under Chapter 11. Spicy's reorganization plan must contain

c. a provision of adequate means for the plan's execution

Bull is arrested at a warehouse in Corporate Park and charged with the crime of theft. Bull will be prosecuted by

c. a public official.

To adjust debt and institute a repayment plan, Diana—who is not a corporation, a partnership, or a family farmer or fisherman—may file a petition in bankruptcy for relief through

c. a repayment plan

Leslie pays Mobile Electronics $600 for a new phone. Under the UCC, this is

c. a sale.

A valid contract requires

c. an offer and an acceptance.

Dian, an agent for Expo Motors, Inc., writes a letter to Flynn on November 1 stating that she will sell him a 2017 Subaru Outback for $25,000 between November 1 and December 31. Dian's letter to Flynn is

c. an option contract.

Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is

c. beyond a reasonable doubt.

ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is

c. cloud computing.

Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that

c. conform to the contract description in every way.

Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent

c. due process of law

Rico borrows $110,000 from Sterling Bank to buy a home. If he fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. This is

c. foreclosure.

Farrah buys a car from Go Motors, financing the purchase through a loan. Less than a year later, she files for bankruptcy under Chapter 13. Her plan must provide that Go has a lien on the car until the entire debt is paid

c. if any of the loan for the car remains unpaid, regardless of the creditor.

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

c. if the use constitutes trademark infringement.

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is

c. larceny.

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

c. larceny.

Idina admires Jules's collection of guitars. Jules says, "I plan to sell the collection when I get tired of it." Jules's statement is

c. not an offer because Jules expressed only an intent to enter into a future contract.

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against selfincrimination and can

c. not refuse to testify.

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions. If Stephanie works the entire summer and Tim's provides her paychecks and free admission, the duties have been:

c. performed.

Posing as Visa Bank, Walt e-mails Paula, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Walt promptly sells to O"Hara. This is

c. phishing.

Global Enterprise enters into a contract with HealthCare Insurance to obtain insurance for Global employees. HealthCare breaches the contract and Global is awarded compensatory damages. The purpose is to

c. provide Global with funds for its loss of the bargain

Carly files a petition in bankruptcy. One of the goals of bankruptcy law with respect to a debtor is to

c. provide a fresh start, free from creditors' claims.

River Gear Company and Scenic Trips, Inc., enter into a contract on August 1 for the sale of fifty inflatable river rafts. Scenic cancels the contract ten days later. River Gear is unable to sell the rafts to another buyer. River Gear can

c. recover the contract price and keep the rafts.

Swift Trucking, Inc., and Trailer Rents Corporation are parties to an oral agreement for a one-year lease of six doublewides with payments totaling more than $40,000. They may satisfy the Statute of Frauds by

c. setting out the terms in a memo.

Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Beau's Bistros, Inc., but refuses to deliver. Due to a rice shortage, Beau's cannot obtain the noodles elsewhere. The buyer's right to recover the goods from the seller is the right of

c. tender

Ludwig receives from Milo a marimba stolen from Nadine. Which of the following, if Ludwig knew, would cause him to be criminally liable?

c. that the marimba is stolen and he intended to keep it

Renee contracts with Scott to pay him $25,000 for his work on Renee's new album "Hip Pop." After Scott performs, they sign an accord, in which Renee promises to pay him $21,000 within thirty days instead of $25,000 later. But she does not pay. Scott can sue Renee on

c. the accord or the original obligation.

Contractors LLC agrees to build a store for Discount Retail, Inc., at a specific location. Before construction begins, the local zoning law is changed to prohibit commercial buildings at that location. In this situation

c. the contract is discharged.

Owen and Pablo enter into a contract for a sale of well-drilling equipment. Pablo pays, but Owen does not deliver. Pablo can normally recover as damages the difference between

c. the contract price and the market price.

Porches & Verandas, Inc., agrees to build a screen porch for Quinn, but fails to complete the job. Quinn hires Ramadas, Inc., to finish the project. Quinn may recover from Porches & Verandas

c. the costs needed to complete construction.

Tile & Grout (T&G) contracts to resurface the insides of the pools at Water Park. T&G knows that without the resurfacing, Water Park will have to delay its seasonal opening. T&G does not perform as promised. As consequential damages, Water Park can recover

c. the loss of profit from the delayed opening.

Ryan is accused of auto theft. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is

c. the privilege against self-incrimination.

TackMaker, Inc., and Silver Stallion Stables enter into a contract for a sale of bridles, saddlery, and other equine equipment. TackMaker delivers, but Silver does not pay. TackMaker can normally recover as damages

c. the purchase price plus incidental damages.

Quinn enters into a series of agreements with Reba involving a sale of a Suite Dreams Motel, including the land, building, furnishings, shares of stock in Suite Dreams Company, and a contract with Trudy to create an ad campaign. Reba suspects that Quinn may be misrepresenting the facts. The UCC Statute of Frauds covers

c. the sale of the furnishings priced at $500 or more.

Jill believes that she should file a plan for a Chapter 13 discharge in bankruptcy. A court will confirm her bankruptcy plan if it provides for

c. the surrender of all collateral to the creditors

Edwin is charged with a crime. Almost all federal courts and some state courts would not hold him liable if, at the time of the offense, as a result of a mental disease or defect, he lacked substantial capacity to obey the law and to appreciate

c. the wrongfulness of his conduct.

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

c. trademark infringement.

Eliza buys a new motorcycle from Fab Cycles, Inc. The most important factor in determining whether an express warranty is created is whether

d. Fab Cycles's promise becomes part of the basis of the bargain.

Leon contracts to install automatic watering troughs in Kendall's dairy barn. Leon then becomes seriously ill and contracts with Jake to install the troughs. Jake is unreliable and never shows up to install the troughs. In most states, Kendall can sue

d. Jake or Leon.

Pipes & Culverts Company orders six irrigation pumps from Quality Plumbing, Inc. The pumps are stored in Restorers Warehouse. Under the terms of the order, Quality must give Pipes & Culverts a warehouse receipt for the goods, which the buyer will then pick up. Title to the goods passes to Pipes & Culverts when

d. Quality gives Pipes & Culverts a warehouse receipt for the pumps.

Quest Outdoor Store orders RiverRun-brand kayaks from Sports Merchandise, Inc. Sports Merchandise mistakenly ships kayaks of the wrong size, which Quest rejects and returns via Trans-State Shipping Company. During the return, the kayaks are lost. The loss is suffered by

d. Sports Merchandise.

Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is

d. a "business-extension exception" under the Electronic Communications Privacy Act.

State University (SU) provides housing on campus and in some adjacent off-campus neighborhoods. To lease a university house or apartment, a person must be student at SU. This requirement is

d. a condition.

Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is

d. a distributed network

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

d. all of the choices.

Ann offers to buy Beth's land only if an appraiser estimates that its current value is more than a certain price. Later, the appraiser deems the worth of the land to be less than Beth's price. Ann and Beth's obligations

d. are discharged.

Kevin obtains a loan from Liberty Credit Bank at an interest rate that exceeds the state's maximum. Liberty has

d. committed usury.

Don sends e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

d. cyber fraud.

Jade puts up a collection of sports memorabilia for bids on BuyBuy, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is online

d. cyber fraud.

Omni Corporation provides tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is

d. excluded from the coverage of the Electronic Communications Privacy Act.

Teri files a petition for bankruptcy. Her creditors must file with the court their proof of claims against her assets within

d. ninety days of the creditors' meeting.

A workout—a privately negotiated adjustment of creditor-debtor relations—is more expensive and takes longer than a reorganization proceeding.

false

Dry Gulch Farms hires Elliot to repair its irrigation system on site on a certain date for $2,500, but Elliot does not show up as agreed. Dry Gulch hires Fernando to do the job for $2,000. Dry Gulch may recover from Elliot

d. nominal damages.

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW for eighteen months. This contract is enforceable by

d. none of the choices.

A contract between Rides & Games, Inc., and State Fair Corporation includes a provision excluding liability as a result of fraud. This provision is

d. not enforceable.

In selling 300 acres of rural land to Organic Farms, Peyton tells the buyer that the land "will be worth twice as much by next year." This is

d. opinion.

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is

d. peer-to-peer (P2P) networking.

Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting to be delivered under a shipment contract. This contract requires Elegant Carpets, the seller, to

d. place the goods into the hands of a carrier.

Refer to Fact Pattern 9-1. In those states with antispam laws, federal law

d. preempts the application of state law to commercial e-mail with certain exceptions.

Field Farms and Gourmet Restaurant enter into a contract for a sale of produce. After Field ships the lettuce but before the restaurant receives it, the buyer declares bankruptcy. The seller can stop delivery of the goods in transit

d. regardless of the quantity.

Herb, a computer programmer for Inventory Control Ltd., is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to

d. remain silent

Rob promises to pay Sara, his niece, $5,000 if she obtains her degree at Tech University, where she is in her third year. Sara graduates. Rob is

d. required to pay because Sara obtained a degree at Tech.

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute

d. robbery

Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be

d. substantial.

Global Outfitters Outlet and Holly, a consumer, enter into a contract for a sale of camping gear. If the contract includes a clause that is perceived as grossly unfair to Holly, its enforcement may be challenged under

d. the doctrine of unconscionability.

Refer to Fact Pattern 9-2. Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is

d. trademark dilution.

Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera's products but diminishes the quality of the coffee company's mark. This is

d. trademark dilution.

Industrial Engineering, Inc., promises to give stock options to Jasmine for processes she has already designed for the firm. This promise is enforceable

d. under no circumstances.

Gene, an accountant, convinces his client Hazel to sign a contract to invest her savings in 2Gether, a nonexistent social-networking Web site. There is clear and convincing evidence that Hazel did not act out of her free will. This is

d. undue influence.

Mona is induced by her guardian Newt to sign a contract to invest her student loan funds in OptiBank through Newt's investment firm. Unknown to Mona, Newt realizes a commission from the investment. Most likely, Mona may rescind the contract on the basis of

d. undue influence.

Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely

d. voidable

Edie uses TV ads to defraud millions of people. She can most likely be charged with

d. wire fraud.

All debts are dischargeable in bankruptcy

false

"Bad faith intent" is too subjective to be an element of a cause of action under the Anticybersquatting Consumer Protection Act

false

. In a repayment plan case, the plan must provide for payment of all claims in full, whether or not they are entitled to priority

false

A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.

false

A contractual obligation may not be discharged through novation

false

A covenant not to compete included in the sale of an ongoing business is never enforceable

false

A creditor can demand payment from the surety before the debt is due.

false

A debtor must be insolvent to file for bankruptcy relief.

false

A debtor's vehicle is never exempt from satisfaction of a judgment debt.

false

A delegation relieves the party making it of the obligation to perform

false

A forum-selection clause specifies that any contract dispute will be settled in a particular jurisdiction.

false

A material breach occurs when performance is substantial, but not complete.

false

A misdemeanor is a crime punishable only by a fine.

false

A preliminary agreement cannot constitute a binding contract.

false

A release does not require consideration to be legally binding.

false

A repayment plan case can be initiated by the conversion of a liquidation petition.

false

A seller has an insurable interest in goods as long as the goods are in existence.

false

A short sale is a sale of only part of the whole property subject to a mortgage.

false

A social media post cannot be used to invalidate a settlement agreement.

false

A statement of opinion is generally subject to a claim of fraud.

false

. If no time for acceptance is specified in an offer, the offer terminates after a reasonable length of time.

true

. To use attachment as a remedy, a creditor must have an enforceable right to payment of the debt.

true

A bankruptcy trustee has the power to avoid a sale of the debtor's property

true

A bankruptcy trustee has the power to avoid preferences.

true

A company takes a risk by storing its online customers' credit-card numbers.

true

A contract entered into by a mentally incompetent person can be valid if the person had capacity at the time the contract was formed.

true

A contract is an agreement that can be enforced in court.

true

A contract is substantially performed when performance creates substantially the same benefits as those promised in the contract.

true

A contract is valid only if both of the parties entering into it have the capacity to do so

true

A contract that is oral when it is required to be in writing is voidable by a party who does not wish to follow through with the agreement.

true