Q&A Hero

Q: Article 2A of the UCC deals with lessors and lessees.

Q: Superior Health Club's mar­keting strate­gies entice many of Tone-Up Exercise Club's members to change clubs. After less than a year in business, Superior surpasses Tone-Up in numbers of members. Superior is liable for a. appropriation. b. conversion. c. no tort. d. wrongful interference with a business relationship.

Q: Whistle Cabs, a taxi service company, has been ordered by the traffic department to upgrade its taxi meters to digital ones. Whistle Cabs contemplates a sales contract with Running Electricals, a company that manufactures digital taxi meters. Due to short notice from the city and a lack of funding, however, Whistle Cabs instead approaches Goldmint Bank, which purchases the digital taxi meters from Running Electricals and delivers them to Whistle Cabs. The contract between Whistle Cabs and Goldmint Bank allows the taxi service company to use the taxi meters for a set period of time by providing monthly rentals. What is the nature of the contract made between Whistle Cabs and Goldmint Bank? A) a counteroffer B) a lease C) a sale of goods D) an option contract

Q: Which of the following does Article 2A of the Uniform Commercial Code govern? A) mixed sales B) deposits C) leases D) letters of credit

Q: Oak Valley Mall contains two video game stores, Pirates Pick and Game Quest. Pirates's manager Ryan stands in the mall near Game Quest's en­trance to divert customers to his store. Game Quest's manager Sara asks Ryan to leave. He refuses. Ryan has committed a. conversion. b. no tort. c. trespass to land. d. wrongful interference with a business relationship.

Q: A person who transfers the right of possession and use of goods under a lease is known as the ________. A) lessor B) lessee C) seller D) consignee

Q: Obie accuses Portia, a broker with QT Financial Services, of fraudulently in­ducing him to invest in Riske Development Company, whose stock price de­clines in value. The reliance that gives rise to liability for fraud requires a. a subjective, not an objective, statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller's talk.

Q: A ________ is a transfer of the right to the possession and use of named goods for a set term in return for certain consideration. A) trade B) gift C) lease D) sale

Q: What are the provisions for contracts with services under Article 2 of the UCC?

Q: Article 2 of the UCC governs ________.

Q: Field Trenchers Inc. initiates a lawsuit against its competitor Master Excavators Inc. out of malice and without probable cause. Master suffers a loss of profits due to the litigation, but Field loses the suit. Field is most likely liable for a. abuse of process. b. malicious prosecution. c. no tort. d. wrongful interference with a business relationship.

Q: The ________ refers to a model act that includes comprehensive laws that cover most aspects of commercial transactions.

Q: Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso­ci­ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for a. appropriation. b. conversion. c. wrongful interference with a customary relationship. d. no tort.

Q: Sales that contain provisions of services and goods in the same transaction are not covered by Article 2 of the UCC.

Q: From a computer in a distant location, Sergio searches Tia's personal computer without her permission. Sergio is most likely liable for a. appropriation. b. conversion. c. invasion of privacy. d. no tort.

Q: Contracts for the provision of services are not covered by Article 2 of the UCC.

Q: Teresa is a celebrity. Without her permission, Sinclair Enterprises in­cludes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely a. appropriation. b. conversion. c. no tort. d. slander of quality.

Q: Only movable goods come under the scope of Article 2 of the UCC.

Q: Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is a. a corporate officer. b. a non-employee. c. a private individual. d. a public figure.

Q: If a person buys a computer, the sales contract for it would be subject to Article 2 of the UCC.

Q: Jaqy distributes a handbill among her neighbors accusing one of themKedof being a convicted sex offender. The statement is defamatory only if a. a neighbor repeats it. b. Ked suffers emotional distress. c. the statement is true. d. the statement is false.

Q: Article 2 of the UCC applies to sales contracts for the sale of intangible goods.

Q: At Parkside Bistro, Ogden believes that he was overcharged and shoves Nellie, the waiter. Nellie sues Ogden, alleging that the shove was a battery. Ogden is liable a. if Parkside did not overcharge Ogden. b. if the shove was offensive. c. if Ogden acted out of malice. d. under no circumstancesthe shove was not a battery.

Q: Article 2 of the Uniform Commercial Code is also applied by federal courts to sales contracts governed by federal law.

Q: An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party.

Q: Which of the following describes a mixed sale? A) a sale that involves two or more intangible goods B) a sale that involves the passing of title of goods from a seller to a buyer for a price C) a sale that involves the possession and use of named goods for a set price D) a sale that involves the provision of a service and a good in the same transaction

Q: Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

Q: Which of the following sales is covered by Article 2 of the UCC? A) the sale of intangible goods B) the sale of tangible goods C) the sale of real estate D) the sale of stocks

Q: Negligence per se may occur on the violation of a statute.

Q: A ________ is defined as the passing of title of goods from a seller to a buyer for a price. A) lease B) sale C) loan D) gift

Q: The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.

Q: Under which of the following transactions does title to goods pass from the seller to the buyer? A) an option contract B) a rental agreement C) a lease agreement D) a contract for the sale of goods

Q: In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

Q: Which of the following articles in the UCC deals with the sale of goods? A) Article 2 B) Article 4 C) Article 5 D) Article 8

Q: Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Q: The ________ is a model act passed in 1949 that includes comprehensive laws that cover most aspects of commercial transactions. A) Gramm-Leach Bliley Act B) Sarbanes-Oxley Act C) Uniform Sales Act D) Uniform Commercial Code

Q: A person assumes all risks associated with any activity in which he or she participates.

Q: Jessica wants to buy a laptop from the website of CloudFive Computers. Before confirming the purchase, the website asks her to provide biometric identification using an electronic scanner. This is an example of a(n) ________. A) e-license B) e-signature C) exclusive license D) conditional license

Q: A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

Q: What does the E-SIGN Act provide? A) Contracts delivered electronically are denied effect. B) Electronic records can be sent to consumers who make a purchase, without their specific consent to receiving the record. C) An e-signature is treated the same as a pen-inscribed signature. D) Only smart card verification creates a legally binding signature in cyberspace.

Q: Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

Q: The ________ recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts. A) Uniform Contracts Code B) Uniform Computer Information Transactions Act C) E-SIGN Act D) Communications Decency Act

Q: The law establishes limits to liability for negligence through the concept of proximate cause.

Q: Explain in brief the working of an e-license.

Q: Causation in fact exists if an injury would not have occurred without the defendant's act.

Q: A(n) ________ refers to a contract whereby the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.

Q: The degree of care to be exercised in a situation can vary with a person's profession or occupation.

Q: A(n) ________ grants the licensee exclusive rights to use information rights for a specified duration.

Q: An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

Q: The term ________ refers to a party who is granted limited rights in or access to intellectual property or information rights owned by a licensor.

Q: Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

Q: The term ________ refers to an owner of intellectual property or informational rights who transfers rights in the property or information to another party.

Q: A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

Q: The ________ is a model act that establishes a uniform and comprehensive set of rules that govern the creation, performance, and enforcement of computer information transactions.

Q: If Jim purchases an online license for a computer game, he is an e-licensor.

Q: Under the theory of negligence, the duty of care requires an intentional act.

Q: A licensee is a party who is granted limited rights in intellectual property or information rights owned by another person or company.

Q: Disparagement of property is another term for appropriation.

Q: A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.

Q: An exclusive license grants the licensee exclusive rights to use information rights for a specified duration.

Q: If it can be shown that a trespass to personal property was warranted, a complete defense exists.

Q: Data and software do not constitute intellectual property or information rights.

Q: Competitive behavior is wrongful interference if it results in the break­ing of a contract.

Q: A license is a contract that transfers complete rights in intellectual property and informational rights.

Q: Malicious prosecution can occur if a party initiates a lawsuit out of malice.

Q: While downloading a license to a software program, Harriet reads the "Terms of Agreement" document which states that the company is not liable for any unforeseen damages that arise from the software. Harriet clicks "Accept" and continues to install the program. The document is an example of a(n) ________. A) digital signature B) digital identification C) licensing agreement D) implicit contract

Q: An unauthorized scan of a bank account can be an invasion of privacy.

Q: KCube Multimedia launches a new game. It permits Ken to download, install, and play the game for three months. This is an instance of a(n) ________. A) e-license B) lease C) domain name registration D) digital signature

Q: The use of a person's likeness for commercial purposes without permis­sion is not an invasion of privacy.

Q: A(n) ________ is a contract whereby the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions. A) e-license B) Terms of Service document C) domain D) digital signature

Q: A person may not be liable for a defamatory statement if he or she enjoys a privilege.

Q: What is an exclusive license? A) a license that grants access to exclusive information for a limited period B) a license that restricts the licensee to some information only C) a license that is granted to only one party for a specific period D) a license that grants access to exclusive intellectual property

Q: Which of the following is true of a license? A) A license grants the licensee complete control over intellectual property. B) An exclusive license is granted to only one licensee for a specific period. C) A licensee has complete control over the information he or she is allowed to access. D) A licensee has the right to use information rights beyond the licensor's control that are necessary to exercise the expressly described rights.

Q: An act that causes indignity is sufficient to recover for the infliction of emotional distress.

Q: False imprisonment is a legal term for "privilege to detain."

Q: A ________ refers to a party who is granted limited rights in or access to intellectual property or information rights owned by another party. A) lessor B) lessee C) licensee D) licensor

Q: Self-defense is a defense to a charge of assault.

Q: A ________ is an owner of intellectual property or information rights who transfers rights in the property or information to another party. A) lessor B) lessee C) licensee D) licensor

Q: Perpetrator is the term for a person who commits a tort.

Q: A ________ refers to a contract that transfers limited rights in intellectual property and information rights. A) contract B) tender C) license D) domain name