Q&A Hero

Q: A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

Q: A warranty that is created when a seller or lessor makes an affirmation that the goods he or she is selling or leasing meet certain standards of quality, description, performance, or condition is known as a(n) ________ warranty. A) implied B) conditional C) closed D) express

Q: Patent protection begins on the date that a patent is issued.

Q: A license permits the use of intellectual property for certain limited purposes.

Q: A ________ is a seller's or lessor's express or implied assurance to a buyer or lessee that the goods sold or leased meet certain quality standards. A) bond B) caveat emptor C) warranty D) collateral

Q: The unauthorized use of another's mark in a domain name is generally per­missible because the Internet is vast.

Q: How does the UCC treat goods that were fraudulently obtained?

Q: What is the passage of title to goods?

Q: A trade name cannot be protected if it is unusual or fanciful.

Q: ________ are damages that will be paid upon a breach of contract that are established in advance.

Q: A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.

Q: A seller or lessor has ________ if he obtained the goods through fraud, if his check for the payment of the goods or lease is dishonored, or if he impersonated another person.

Q: Trade dress has the same legal protection as trademarks.

Q: A certification mark distinguishes products approved, or "certified," by the government.

Q: The term ________ refers to a situation in which a thief acquires no title to goods he or she steals.

Q: In a destination contract, the ________ bears the risk of loss of the goods during their transportation.

Q: A generic term is not protected under trademark law unless it acquires a secondary meaning.

Q: If the parties to a sales contract do not agree to the time, place, and manner of delivery of the goods, the place for delivery is ________.

Q: A service mark distinguishes products used by the government.

Q: The ________ rule permits certain open terms to be "read into" a sales or lease contract.

Q: A suggestive use of ordinary words may not be trademarked.

Q: The right to withhold delivery is available to the seller if the buyer or lessee wrongfully rejects or revokes acceptance of the goods.

Q: Unless otherwise unambiguously indicated by language or circumstance, an offer to make a sales or lease contract may be accepted in any manner and by any reasonable medium of acceptance.

Q: A personal name is protected under trademark law if it acquires a secondary meaning.

Q: An e-contract is made when the offeree sends an e-mail or another electronic document to the offeror.

Q: An arbitrary use of ordinary words may not be trademarked.

Q: A person with voidable title to goods can transfer title to a good faith purchaser for value.

Q: An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Q: In a case in which a buyer purchases goods from a thief who has stolen them, the purchaser does not acquire title to the goods.

Q: State and federal governments provide for the registration of trademarks.

Q: Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of a mark.

Q: In a destination contract, the seller is required to replace any goods lost in transit.

Q: A water pipe bursts, flooding an Invidious Workplace Company utility room and tripping the circuit breakers on a panel in the room. Invidious contacts Jordan, a licensed electrician with five years experience, to check the damage and turn the breakers back on. Without testing for short circuits, which Jordan knows that she should do, she tries to switch on a breaker. Jordan is electrocuted and disabled, but survives to sue Invidious for damages, alleg­ing negligence. What might Invidious claim in defense?

Q: According to the Statute of Frauds, all contracts for the sale of goods costing $500 or more must be in writing.

Q: Neal, a twelve-year-old, buys a pair of skis from Outdoor Outfitters (OO), telling the salesperson that he has never been skiing but "really wants to do it." The salesperson urges Neal to take a lesson in the sport before attempting a run, but Neal ignores the advice. On the first run, Neal loses control, hits a tree, and is injured. Neal files a suit against OO, alleging that it was negligent to have sold the skis to him, when he was clearly too young and inexperienced. How might OO defend itself?

Q: A sales or lease contract is only created when the offeror receives the offeree's acceptance.

Q: After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical prod­uct. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development. What legal re­course does CC have against National?

Q: The firm offer rule allows the offeror to revoke an offer at any point of time prior to the acceptance.

Q: If the parties to a sales contract do not agree to the time, place, and manner of delivery of the goods, the place for delivery is the seller's place of business.

Q: Stanford Engineering, Inc., and Cornell Code Corporation market com­petitive software products. Stanford launches an advertising campaign claiming that Cornell, instead of testing its software before it is mar­keted, has its customers "test" the software by using it. Cornell knows this is not true but begins to lose sales to Stanford. On what grounds could Cornell sue Stanford for injury to Cornell's reputation?

Q: Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is a. Oakley. b. Pierre. c. Roominate. d. SocNet.

Q: Blue Rorschach Inc. has an immediate requirement for 80 laptops and contracts with Zenzo Electronics for 80 OSN laptops at $550 each. But Zenzo Electronics breaches the contract and fails to deliver the laptops. Blue Rorschach then immediately contracts Dell Computers, buys 100 laptops at $600 per laptop, and then sues Zenzo Electronics for the breach of contract. What remedy did Blue Rorschach exercise when contracting Dell Computers and suing Zenzo for failure of delivery of goods? A) remedy to replevy goods B) remedy to cover C) remedy to recover damages for accepted nonconforming goods D) remedy to obtain specific performance

Q: Pollard enters into a sales contract to purchase a specific Picasso painting from Jenson for $15 million. When Pollard tenders payment, Jenson refuses to sell the painting. Which of the following remedy can Pollard exercise to retrieve the painting from Jenson? A) remedy to cover B) remedy to recover damages for nondelivery C) remedy to obtain specific performance D) remedy to cancel the contract

Q: An anonymous person posts online a defamatory message about Dewitt. Not knowing the poster's identity, Dewitt files a suit against "John Doe." Using the authority of the court, Dewitt can obtain from the poster's Internet service provider a. an apology. b. damages. c. the identity of the poster. d. nothing.

Q: Klint Microsystems, a microprocessor manufacturer, was contracted by Zeitar Studios to manufacture specially designed microchips to be used in an audio engineering process. Zeitar was to pay Klint $300,000 as per the contract. Klint decided to redesign its existing microchips and make them suitable for Zeitar. While the finished microchips were being shipped via a carrier, Klint was informed of Zeitar's insolvency. Klint cancelled the shipment before it was delivered. Klint then resold the chips to another studio where it had to settle for $150,000, as the chips were now suitable for specific audio engineering processes only. What remedy did Klint exercise when it stopped shipment to Zeitar? A) remedy to dispose of goods B) remedy to stop goods in transit C) remedy to obtain specific performance D) remedy to recover purchase rent

Q: In an emergency situation, Milena, an emergency medical technician, renders aid to Lothar, who needs help. Lothar would most likely be prohibited from suing Milena for negligence under a. any circumstances. b. a Good Samaritan statute. c. a social host statute. d. no circumstances.

Q: In which of the following cases does a seller have the right to stop delivery of goods in transit, regardless of the size of the shipment? A) if the buyer repudiates the contract B) if the buyer has payments due C) if the seller learns of the buyer's insolvency D) if the seller has been ordered for specific performance

Q: An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry, a driver for Crosstown Taxi Company, is driving and talking on his cell phone when his cab collides with Kayla's car, injuring her. Kayla's best theory for recovery against Jerry and Crosstown is a. a Good Samaritan statutes. b. negligence per se. c. res ipsa loquitur. d. the "danger invites rescue" doctrine.

Q: Who among the following is a good faith purchaser? A) a person who buys goods from a person with a voidable title B) a person who buys stolen goods without being aware of it C) a buyer who agrees to hold goods for a person until the delivery of the goods is made D) a buyer to whom goods are delivered by a seller to sell on the seller's behalf

Q: Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of a. Evon and Gina. b. Evon only. c. Gina only. d. neither Evon nor Gina.

Q: Taylor slips and falls in Urban Mall and is injured. She files a suit against the mall for $500,000. Under a "pure" comparative negligence rule, Taylor could recover damages a. only if both parties were equally at fault. b. only if Taylor was less than 50 percent at fault. c. only if Taylor was more than 51 percent at fault. d. under any circumstances.

Q: Steve brings his watch to Knell Watches, a store that sells and repairs watches, to be repaired. The watch store repairs the watch and then sells it to Kevin, who buys the watch with a fraudulent check that bounces. Kevin then resells the watch to his friend Jonathan, who is unaware of the stolen status of the watch. Who can legally claim ownership over the watch in court? A) Jonathan B) Steve C) Knell Watches D) Kevin

Q: A title for goods obtained by a seller through fraud, impersonation, or a dishonored check is referred to as a(n) ________. A) unenforceable title B) voidable title C) conditional title D) unequivocal title

Q: Leo slips and falls in Mornin" Breakfast Café and is injured. Leo files a suit against Mornin" for $50,000. If Leo is 20 percent at fault and Mornin" is 80 percent, under a contributory negligence doctrine, Leo would recover a. $0. b. $25,000. c. $40,000. d. $50,000.

Q: Larry, a merchant seller, had contracted with Simon to buy welding equipment. The contract stipulated that Larry would pick up the equipment from Simon's warehouse on the 14th day from the date of the contract. Larry could not make the pick-up on the stipulated date and before he could do so on the 15th day, the warehouse and its contents were destroyed by arsonists. In this situation, who bears the risk of loss for the goods that were to be received by Larry? A) The risk of loss lies with Larry for delaying the pick-up. B) The risk of loss lies with Simon for not protecting the goods from the arsonists. C) The risk of loss is equally shared by Larry and Simon. D) The risk of loss is shifted to the persons responsible for the fire.

Q: Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks a. attributable to the Decathlon in any way. b. different from the risks normally associated with the Decathlon. c. greater than the risks normally associated with the Decathlon. d. normally associated with the Decathlon.

Q: In which of the following contracts is the term "no-arrival, no-sale" found? A) a shipment contract B) a destination contract C) a contract to sell real estate D) a consignment contract

Q: Nadine is a spectator at the Metro City Softball Tournament, an athletic competition. Regarding the risk of injury, Nadine assumes the risks a. attributable to the tournament in any way. b. different from the risks normally associated with the tournament. c. greater than the risks normally associated with the tournament. d. normally associated with the tournament.

Q: Which of the following is an accurate statement regarding the risk of loss in a destination contract after the seller delivers conforming goods to the carrier? A) The seller bears the risk of loss during transportation. B) The buyer bears the risk of loss during transportation. C) The seller and the buyer equally bear the risk of loss during transportation. D) The buyer bears one-third of the risk of loss and the seller bears two-thirds of the risk of loss during transportation.

Q: Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence a. only if Lyle is injured. b. only if Lyle is not injured. c. under any circumstances. d. under no circumstances.

Q: Which of the following is an accurate statement regarding the risk of loss in a shipment contract after the seller delivers conforming goods to the carrier? A) The seller bears the risk of loss during transportation. B) The buyer bears the risk of loss during transportation. C) The seller and the buyer equally bear the risk of loss during transportation. D) The seller bears one-third of the risk of loss and the buyer bears two-thirds of the risk of loss during transportation.

Q: Kimberley, a merchant seller in Kansas, had an oral contract to sell goods to Jane, a merchant buyer in Memphis, for $100,000. Two days after contracting, Kimberley sends a sufficient written confirmation to Jane of the agreed-upon transaction. Jane, who has reason to know the contents of the written confirmation, fails to immediately object to the contents of the confirmation. Two weeks after receiving the written confirmation, Jane receives delivery of the goods from Kimberley, and Jane then sends an objection to the written confirmation to Kimberley. Which of the following is true of the contract between Kimberley and Jane? A) The Statute of Frauds can be raised against the contract because a letter of objection was sent to the offeror. B) The offer is valid as the offeree knew the contents of the confirmation and did not object within 10 days. C) The contract is void as the offeror did not receive a letter of confirmation from the offeree for delivery. D) The Statute of Frauds can be raised because the offeree did not sign the contract.

Q: Molly shoots Norm with Opal's SureShot-brand pistol. The proximate cause of Norm be­ing shot is most likely attributable to a. Molly. b. Opal. c. SureShot. d. Norm.

Q: Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for a. negligence per se. b nothing. c. a violation of the "danger invites rescue" doctrine. d. res ipsa loquitur.

Q: The ________ requires all contracts for the sale of goods costing $500 or more and lease contracts involving payments of $1,000 or more to be in writing. A) parol evidence rule B) open price term C) firm offer rule D) Statute of Frauds

Q: Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the a. cause in fact. b intervening cause. c. proximate cause. d. superseding cause.

Q: According to the mirror image rule, which of the following is true of additional terms being added in an acceptance? A) They are considered to be counteroffers. B) They can be added when the sale is between a merchant and a non-merchant. C) They can be added to the contract without the consent of the offeror. D) They are considered to constitute acceptance.

Q: Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of a. a blameless individual. b a faultless ordinary person. c. a reliable professional. d. a reasonable physician.

Q: A contract is created when ________. A) the acceptance has been received by the offeror B) an acknowledgement is sent by the offeror to the offeree of receiving an acceptance C) the offeree mails the acceptance D) a written acceptance has been passed between the offeror and the offeree

Q: Pier shops in a Rowdy Ranch & Farm Store. Enticed by a display, Pier takes an item to examine it and, when she is done, places it on the floor. Tanner, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. With respect to the danger, Rowdy had a. a duty to advise its patrons that they assume all such risks. b. a duty to discover and remove the hazard. c. a duty to carry insurance to cover such risks. d. no duty.

Q: The UCC rule that says that a merchant who offers to buy, sell, or lease goods and gives a written and signed assurance on a separate form that the offer will be held open cannot revoke the offer for the time stated or, if no time is stated, for a reasonable time is referred to as the ________. A) gap-filling rule B) firm offer rule C) mirror-image rule D) open term rule

Q: Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of a. a realistic person. b. a reasonable person. c. a recognizable person. d. a reliable person.

Q: Under the UCC, if the time, place, and manner of delivery of goods are not mentioned in a contract, ________. A) the place of delivery is the buyer's place of business B) the contract is void for lack of definiteness C) the place of delivery is the seller's place of business D) the seller is obligated to pay for shipping to the buyer's place of business

Q: A transfer of the right to the possession and use of named goods for a set term in return for certain consideration is known as ________.

Q: Levon leaves his truck at MakeRight Vehicle Shop for repair. When Levon re­fuses to pay for the work, MakeRight refuses to give him possession of the truck. MakeRight has committed a. malicious prosecution. b. no tort. c. trespass to personal property. d. wrongful interference with a contractual relationship.

Q: Article ________ of the UCC governs leases of goods.

Q: Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store without permission. Hilliard is liable for a. appropriation. b. conversion. c. disparagement of property. d. wrongful interference with a business relationship.

Q: Federico enters Gunther's property to read an electric meter. Gunther charges Federico with trespass to land. Federico has a. a complete defense. b. a partial defense. c. a possible defense. d. no defense.

Q: In a lease contract, the title of goods is passed from the lessor to the lessee.

Q: Joy invites Ken into her apartment. Ken commits trespass to land if he a. enters the apartment with fraudulent intent. b. harms the apartment in any way. c. makes disparaging remarks about Joy to others. d. refuses to leave when Joy asks him to go.