Week 4 practice - ethical and legal thought
Which of the following contracts are not required to be in writing?
A contract for labor intended to finish before a year.
Claire and Donny want to use a contract to enforce a business deal. Which of the following would most solidly enforce to terms of their agreement?
A formal, express contract
Lou picks up a desktop mouse he finds lying on a desk at school. The next day Travis recognizes the mouse as the one he left behind the day before but tells Lou he "might as well have it" The mouse is:
A gift
What is the correct definition of assignee?
A person accepting contract rights
What is the correct definition of delegator?
A person transferring contract duties
What is the definition of fraud
An intentional misrepresentation of material fact
Which of the following is the correct definition of non-obviousness?
An invention's characteristic of advancing ideas or stepping forward
Boonetech has superior instrumentation system for doing work in its factory. It regularly offers tours so people can come and observe the special equipment. When a competitor begins using similar equipment, Boonetech sues the competitor for utilizing a trade secret. Which of the following is true?
Boonetech cannot stop the competitor from using the system because it did not reasonably hide its trade secret
Which of the following would qualify as valid consideration?
Carlie contracts with her landlord to pay for rent by landscaping the property and cleaning and painting empty apartments.
Stetzon, a merchant, makes an unconsciously fair deal with another merchant, Cheri. Cheri wants to pursue a remedy when she discovers her disadvantage in the contract. What recourse does Cheri have under UCC?
Cheri may have a court alter the contract.
Colby is 17 and signs a contract to buy a car. He turns 18 and immediately defaults on his car loan. Which of the following is true?
Colby is obligated to pay only if he affirmed the contract by making a payment after he turned 18.
Rose buys a camp trailer and stores it in a storage facility in town until time when she wants to go camping. Rose has __ over the camp trailer which is __ property
Constructive possession; tangible
What are punitive damages
Damages awarded to punish gross breaches of contract
What are compensatory damages?
Damages awarded to return a non-breaching party to its former position
What is the definition of undue influence?
Domination of another person so thoroughly as to remove free will.
Which of the following would most likely qualify as substantial performance?
Leroy doesn't finish his last 3 days of yard work under contract because his mother has a medical emergency.
A __ may have an infinite duration.
More than one option is correct.
Torey broke into a competitor's office to steal a trade secret. She eventually is caught. If she has gained use of the trade secret, which of the following is true?
More than one response is correct.
Which of the following is definition of novelty
Newness of an invention
Jerry wants to rent out a living space to a tenant. He wants the benefit of steady rent payments and the ease of evicting a tenant when he feels it would be convenient. Jerry also wants to formalize the tenancy with a rental agreement so that his rights and privileges are explicitly accounted for and agreed in writing. Which form of tenancy should Jerry use when renting out his space?
Periodic tenancy
Perry started a new company called Thixxix, along with a distinctive trademark mark meant to identify the company. Perry doesn't bother to register the trademark. The year following the creation of his company, Perry sees a trademark logo for another company that looks just like the mark for Thixxix. Which of the following is true?
Perry has trademark protection, since his mark is in use and is distinctive
What is the correct definition of offeror?
Person who sets the terms of an offer
Which of the following would most likely be considered fair use?
Playing an actor's short film in school and doing a speech review of the work
Callie wants to work for an insurance firm. Before she is hired, the firm wants her to sign a non-compete agreement that she will not work for any other insurance firm in the state or surrounding state for the next ten years. Which of the following is most likely true?
This agreement is too excessive to be enforceable.
Which of the following is the correct definition of utility?
Usefulness of an invention
