GreatGro, Inc., makes genetically modified seedswith properties that are identical to
Hearty Harvest Corporations patented seeds, without Hearty Harvests permission. This
is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. not infringement.
FastBreak Inc. is dissatisfied with its ranking in Google Inc.s search results. FastBreak
files a suit against Google, seeking an injunction. Google argues that its search results
are constitutionally protected speech. FastBreaks best argument against Googles
position is that
a. the First Amendmentprotects humansagainst state censorship and protecting a
computers speech is not related to that purpose.
b. the trillions of decisions made by computers each day do not all constitute protected
speech.
c. computerized algorithms, which generate computer language, do not constitute
speech.
d. search results constitute commercial speech, for which the First Amendment provides
only limited protection.
Barney hires Clean Air, Inc., to install a new air conditioning system in his Dental
Clinic, LLP. Barney does not have the right to control the details of Clean Airs
performance.
While working, Elton, a Clean Air worker, drops a tool on Francine, Barneys patient,
causing an injury. Barney is
a. liable to Francinebecause she was injured on Barneys property.
b. liable to Francineunless Eltons act is intentional.
c. not liable because Clean Air is an independent contractor.
d. not liable because Clean Air, and thus Elton, are Barneys employees.
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 & Revenuefiles a suit against the anonymous
users. The plaintiffcan obtain from TransWeb the identity of the persons responsible for
the defamatory messages by
a. using the authority of the court.
b. gaining unauthorized access to TransWebs servers.
c. deceivingTransWeb into revealing the posters identities.
d. no legal or illegal means.
Bobs Big Burgers n Shakes Restaurant brings a suit, seeking a remedy at law. A remedy
at law is
a. monetary damages.
b. a decree of specific performance.
c. a judicial proceeding for the resolution of a dispute.
d. an injunction.
Yokio, Ltd., and Zeno, S.A., transact an international sale of goods. At the request of
these parties, a court in Portugal resolves a dispute between them. A U.S. court will
most likely honor the judgment
a. if it is consistent with U.S. laws and public policy.
b. if it is consistent with Portuguese laws and public policy.
c. if it does not benefit the U.S. to deny it.
d. under no circumstances.
Siri downloads and sells, in international markets via the Internet, e-textbooks without
the authors or publishers permission. The international treaty that applies to pirated
copyrighted works being distributed via the Internet is
a. the Federal Trademark Dilution Act.
b. theMadrid Protocol.
c. the Trade-Related Aspects of Intellectual Property Rights agreement.
d. theAnti-Counterfeiting TradeAgreement.
Jeanpromises to paint Katys house in exchange for Lilas promise to plant trees on Jeans
property. This is
a. a delegation.
b. an assignment.
c. a third party beneficiary contract.
d. none of the choices.
Restoration, Inc., contracts to repair a crack in a supporting beam for Stagecraft Theater
for $10,000. If Restoration does not perform, Stagecraft must pay
a. $10,000.
b. $5,000.
c. $1,000.
d. $0.
Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer,
that there are no problems with the car. On this assurance, Celia buys the car. When she
learns the truth, Celia may sue Brady for
a. trade libel.
b. conversion.
c. fraudulent misrepresentation.
d. appropriation.
Refer to Fact Pattern 30-1B. Bryns dissociation from the firm results in
a. the automatic termination of the firms legal existence.
b. the partnerships buyout of Bryns interest in the firm.
c. the immediate maturity of all partnership debts.
d.Bryns purchase of her interest in the partnership from the firm.
Commercial Credit & Finance is a limited partnership. Derry,Eleni, and Frey are the
general partners. Derry dies. The partnership can
a. continue only after a distribution of its assets.
b. continue only as a general partnership.
c. continue only if Eleni and Frey consent.
d. not continue because Derrys death dissolves the firm.
North Carolina enacts a statute that requires a label on a video game to warn parents
when “the range of options available to a player include dismembering or sexually
assaulting the image of a human being. In a challenge to the statute by gamemakers, the
state asks a federal court to enforce the statute. The state fails to show that the statute is
justified by a compelling government interest or that it is narrowly tailored to serve that
interest. The court is most likely to
a. hold that the statute is unconstitutional and refuse to enforce it.
b. expand the labels warning to include other forms of violence.
c. impose market-share liability on makers of violent video games.
d. replace the voluntary rating system currently in use.
Forest & Field Company makes and leases a backhoe to Gallagher. Due to a defect
attributable to Forest & Fields negligence, Gallagher is injured in an accident in which
his neighbor Helga is also hurt. In a product liability suit based on negligence, Forest &
Field may be liable to
a. Gallagher only.
b. no one.
c. Gallagher and Helga.
d. Helga only.
BeFriends Corporation uses the trademark of Community Life,Inc., a social media
site,as a meta tag without Community Lifes permission. This may be permissible
a. if the appropriating site has nothing to do with the meta tag.
b. if the two sites appear in the same search engine results.
c. if the use is reasonably necessary.
d. under no circumstances.
Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers, both skilled
and unskilled, in three states. Under federal immigration law, Ripe Orchards can hire
illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
Orel incorporates his business as Posts & Wire Corporation in Texas. He and his group
of shareholders intend to make a profit from their sales of fencing materials. Posts &
Wire is
a. a nonprofit corporation.
b. not a corporation.
c. an alien corporation.
d. a private corporation.
Sable and Rex agree while talking on the phone to form a partnershipThe Home
Sourceto deal in transfers of real property. To be enforceable, their agreement must
a. be filed in the appropriate state office.
b. be in writing.
c. involve the exchange of valid consideration.
d. not involve a third party.
Trucks & Trailers, Inc. (T&T), and United Delivery Service enter into a contract for a
lease of trucks. T&T is a merchant who deals in goods of the kind leased. Under the
UCC, an implied warranty of merchantability arises
a. automatically.
b. only if the lessee asks for such a warranty.
c. only if the lessor expresses such a warranty.
d. only in conjunction with sales contracts, not lease contracts.
Sybil agrees with Tyrone and other professional athletes to sign contracts with
promoters and others on the athletes behalf. Sybil is
a. an agent.
b. an employee.
c. an employer.
d. a principal.
Darwin serves in a representative capacity for Ewan. To accomplish the objectives of
this relationship, Darwins authority can be implied
a. by contradiction.
b. by custom.
c. bywhim.
d. under no circumstances.
Energy Resources Company develops its marketing strategies in terms of what its
management perceives as its ethical obligations, which represent its
a. legal liability.
b. profitability.
c. standards of right and wrong.
d. unilateral corporate duties.
Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally
importing endangered animals to sell as pets. He reports his employers illegal activities
but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory
discharge. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Gabriellais a beneficiary of a business trust. As a beneficiary, she is required to
a. distribute the trusts profits.
b. assume responsibility for the trusts debts.
c. draft a written trust agreement.
d. none of the choices.
Big Beef, Inc. raises calves to sell. Big Beef breeds its cows in April, and the cows
calve in February of the following year. In January, Andrea contracts with Big Beef to
buy fifty calves. Identification takes place in
a. January, when the contract is signed.
b. April, when the calves are conceived.
c. February, when the calves are born.
d. a reasonable period of time.
Linus hires Mieko to act as his agent to purchase Ngocs Southeast Asian Buffet. Linus
tells Mieko to reveal only that she is buying the restaurant on behalf of a third party,
without telling Ngocs seller who that third party is. Linus is
a. a disclosed principal.
b. not a principal.
c. an undisclosed principal.
d. a partially disclosed principal.
Livestock Feedlot orders one hundred sacks of cattle feed from MegaNutrient Feed,
Inc. Each sack is stamped with the phrase “Twenty percent protein. This is
a. an express warranty.
b. an implied warranty.
c. a warranty of title.
d. puffery.
Medical Professionals Supply Source is an unincorporated cooperative. Unincorporated
cooperatives are often treated like
a. business trusts.
b. corporations.
c. joint stock companies.
d. partnerships.
Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor
issues a formal charge against Landon for receiving stolen property. This charge is an
a. arraignment.
b. indictment.
c. information.
d. interrogation.
Rodney is an employee of Security Services, Inc. In deciding whether Rodney acted
within the scope of his employment when he committed a tort against Tracy, a court
will not consider whether
a. Rodney indicated that he was acting on behalf of Security Services.
b. Security Servicesauthorized the act.
c. Security Servicesfurnished the means by which the injury was inflicted.
d. the act is one commonly performed by employees for their employers.
The Equal Pay Act and other federal laws prohibit employers from engaging in
gender-based wage discrimination.
In a manufacturing arrangement, a franchisor transmits to a franchisee the essential
ingredients or formula to make a particular product.
Ordinarily, the remedy for a sellers breach of a contract for a sale of real estate is
damages.
A full warranty requires free repair or replacement of any defective part.
The doctrine of sovereign immunity provides that only a head of state can make treaties
with another nation.
If a promise is made, it can be enforced.
The party against whom a lawsuit is brought is the plaintiff or petitioner.
The U.S. Constitution reserves to the federal government all powers not granted to the
states.
Warranties of title do not arise in most sales contracts.
The contract term “delivery ex-ship means that the risk of loss does not pass to the
buyer until the goods are properly unloaded from the ship or other carrier.
Employees who use social media in a way that violates their employers stated policies
cannot be disciplined or fired from their jobs.
In contract law, intent is determined by thepersonal or subjective intent, or belief, of a
party.
Managers must apply the same standards to themselves as they do to the companys
employees.
A release bars any further recovery beyond the terms stated in the release.
Precision Tool Corporation sells a product that is capable of seriously injuring
consumers who misuse it in a foreseeable way, even though the label warns against the
misuse. Does the firm have an ethical duty to take this product off the market? What
conflicts might arise if the firm stops selling this product?