BA 325 Midterm 2

The Clean Air Act does not establish specific emissions standards for each hazardous air pollutant

True

Works that are copyrightable include product packaging

True

Vin admires Will's collection of baseball cards. Vin asks, "Will you sell it?" This statement is

a request, not an offer

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is

a toxic tort

Marketing Inc. offers to create a campaign to increase N'Ice Cream Inc.'s online business. N'Ice agrees to pay for the service. These parties have

an express contract

Luke puts his motorcycle up for sale vai a post on an online auction site. This is

an invitation to negotiate, not an offer

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

automatic

A local paper mill is a town's largest employer. Nevertheless, its factory spews smoke, soot, and noxious chemicals into the air, affecting the health of locals. in such a case, the court will likely

award damages to the plaintiffs, but not an injunction

Jan tells Lee she will pay him to babysit her son Mark weekday evenings for six months. Lee agrees. Jan and Lee have formed

bilateral contract

Works that are copyrightable include

books, product packaging, music videos

Trespass to land is committed if, without the permission of the property owner, a person

causes water to back up onto the property

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

counterfeit goods

Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when

customers begin to associate the name with the source of the product

Which of the following is NOT a required element of a valid contract?

fair exchange

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product

false

Strict liability is imposed only for an act that departs from a reasonable standard of care

false

the offeror can revoke the offer only by expressly repudiating it

false

Only the federal government provides for the registration of trademarks

false (state and local govs)

Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have

intended to commit the act

After Mary and Sabrina have a falling out, Mary exposes Sabrina's affair with a married man on a post to Facebook. The affair actually happened. Mary could be liable for

invasion of privacy

Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded "special damages" to compensate her for

monetary losses, such as medical expenses

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

patent

Movers LLC promises to deliver a certain couch to Nora, who promises to pay for the service. If Movers does not perform, it may be required to

pay damages

Information that may be protected as trade secrets includes

pricing info, customer lists, marketing techniques

Hi-Yield Inc., makes an herbicide with a risk to people of developing cancer from exposure. By law, this substance must be

registered before it is sold

Ski Resort Inc. wants to add a new run to its facility in a national park on federal land. For this action, and environmental impact statement is

required

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

that the feed caused her damage

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

the activity is extreme risky and dangerous

Cindy, a real estate agent, sells her friend Doug's house without charging a commission. Afterward, Doug promises to give Cindy $1,000. This promise is not an enforceable contract because

the house has already been sold - the consideration is past

Insulate Inc. makes and sells fire-retardant building materials. In a product liability suit against Insulate, a court would use a risk-utility analysis of a company's product as designed to determine whether

the risk of harm outweighs the products' utility to the users and the public

Quasi contracts are imposed on parties in the interest of fairness and justice

true

The need to protect intellectual property is recognized in the U.S. Constitution

true

a void contract is no contract at all

true

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

unilateral contract

Dana publically states that Jill was arrested for theft, when she wasn't. Special damages

will be awarded because slanderous statements have the quality of performance

A copyright owner who sells a copy of a book retains the right to control second-hand sales of that book

False

In determining "causation in fact". the courts consider the foreseeability of the injury

False

According to Albert Carr in the article "Is business bluffing ethical?", a businessperson who cultivates a reputation for integrity, honesty, and decency will have a better chance of success in the long run

True

According to Superfund rules, a person who generate only a fraction of the hazardous waste can be held liable for all of the cleanup costs.

True

Because point-source water pollution control is based on a permit system, the permits are the key to enforcement

True

Taking personal property from its owner, without permission or just cause, is trespass - retaining it is conversion

True

The elements of an action in a strict product liability include that a plaintiff must incur harm but the use or consumption of a product

True

Under the Clean Air Act, different standards apply to clean areas and polluted areas

True

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

a reasonable period of time is implied

Certain business processes are patentable

true

Apex Electrical Inc. agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name but not otherwise. The domain name apex.com can be used online by

Apex Electrical only

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Diego was not injured

Sloane drives into Tire Service and asks to have a tire replaced on her car. After the service replaces the tire, but before Sloane pays for it, any contract between them is

Executory

Before being transported, hazardous waste produced by the operations of Fabrication Inc. must be property labeled and packaged under the Resource Conservation and Recovery Act by

Fabrication Inc.

A request to negotiate an offer

False

In legal terms, "real property" refers to tangible goods as opposed to intellectual property

False

Proximate cause exists if "but for" a wrongful act, an injury would have occurred

False

Sally buys a used bike from a local bike shop. It turns out the bike was stolen and then sold to the shop. Because Sally bought the bike legitimately, the shop, and not sally herself, is liable for conversion

False

Selling a site where hazardous wastes were disposed of relieved the seller of the liability for the cleanup

False

The United States can prosecute foreign counterfeiters under U.S. law

False

Under the innocent landowner defense, the new owners of property are shielded from hazardous waste liability as long as they didn't know about the waste at the time of purchase

False

because product defects are due to manufacturing errors, manufacturers and not sellers are liable for harms to consumers.

False

When the EPA increases its clean water requirements through new regulations, existing factories must immediately install "best available control technology" to limit pollution

False (best practical control technology)

To hold businesses accountable for cleanup costs under Superfund, the EPA must show that the defendants failed to exercise "due care".

False - need to show multiple things

Copyrights apply to the ideas of the work and are not limited to how the ideas are expressed

False - they are limited to how they are expressed

Sea Coast Cafe uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

If consumers are likely to be confused

Mai is struck and injured when the brakes fail on Novi's ATV, which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

Mai and Novi

A business that believes a federal agency's action threatens the environment can use an environmental impact statement as a means to challenge it

True

A click-on agreement can indicate the acceptance of an online offer

True

A trade name is used to indicate all or part of a business's name

True

Anything less than complete performance of a contract entitles the nonbreaching party to damages

True

The Safe Drinking Water Act requires suppliers of public drinking water to send an annual statement to every household it supplies

True

To minimize the potential liability under Superfund, a business can conduct its own regular environmental compliance audits of its own operations

True

To obtain relief under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public

True

Greg is a marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

a catchy phrase, such as "Stuff your home with Home Stuff!"

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as

a service mark

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

even if Ichiro was only slightly at fault

In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for

libel

Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

nonmonetary aspects of harm suffered, such as loss of reputation

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

slander