Business Law 1))Sandy Sleazy wants to become a famous author. She decides that t
ID: 1220073 • Letter: B
Question
Business Law
1))Sandy Sleazy wants to become a famous author. She decides that the best way to do so is to take a chapter from 12 bestselling books off the New York Times list of Bestsellers and combine it into a new book. What intellectual property concept is she in violation of?
Trade Secrets.
Trademark.
Patent.
Copyright.
2))Ted offers to buy Red's Toyota Corolla for $500.00, including the spare tire. Red accepts Ted's offer by stating that he can buy the car, but not the spare tire. Ted hands $500.00 to Red and drives away with the car (and spare tire). In view of the facts of this situation, was a contract formed, and why?
No. A contract was not formed because Red made a counteroffer. Red should get the car back.
Yes. Even though Red made a valid counteroffer, Ted accepted the counteroffer by paying the money and taking the vehicle (and spare tire) without Red objection.
No. Because the car constitutes a "good" under UCC Article 2. Therefore the spare tire constitutes an extraordinary term by which a contract could not have been created.
No. Because Red made a valid counteroffer, which Ted never accepted. Instead he just ran off with the car
3))Bob uses a lawn mower to trim his hedge by lifting it up over his shoulders. He is seriously injured in the process. If he sues the mower's manufacturer for product liability, what will likely happen?
Bob will win because he was hurt while using he mower, and that is all that must be established under strict liability.
Bob will win if the mower did not have a specific warning on it specifying that it should not be used in that manner.
The manufacturer will win because it is not in the business of selling hedge trimmers.
unforseeable
4))The proximate cause requirement for a negligence tort is most likely not met where:
A customer becomes ill from food that is carelessly packed at a processing plant.
The victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.
A customer in a building supply store carelessly drops a small can of paint that breaks open, and is ignited from a spark caused when the metal can hits the concrete floor.
A driver injures a pedestrian when rounding a curve at twice the legal speed limit.
5))Steve was an employee at Spacy's Department Store. While he was employed there, his supervisor discovered that he had cut peep holes in the store's dressing rooms. When confronted with the peep holes, Steve denied ever using them, and indicated that he put them there to prevent shoplifting. The supervisor was told to immediately fire Steve.
Shortly after Steve left, a 16-year old and her mother filed suit because the teen learned, through conversations with Steve, that he had seen her in the dressing room while she was trying on swim suits. Steve was able to describe her not-generally-seen birthmarks to her.
Spacy's:
Cannot be held liable to the teen and her mother because it did not engage in the conduct.
Could be held liable under a theory of negligent failure to supervise.
Is no longer liable because it terminated Steve.
Has not committed any tort because watching customers in dressing rooms is part of a merchant's right.
6))Under UCC Article 2, the perfect tender rule allows a buyer which of the following remedies if goods are non-conforming?
Buyer must take the goods because the tender is perfect.
Buyer may reject the whole shipment or accept the whole shipment or reject part or accept part of the shipment. Goods that are accepted must be paid for.
Buyer may accept the whole shipment or reject part and accept part of the shipment. Goods that are accepted must be paid form
None of the above.
7))Piercing the corporate veil refers to:
The ability of a corporation to sell products in a foreign market.
Use the long arm statute to bring parties into a jurisdiction.
The ability of a person wronged by a corporation to get to the corporation's assets.
None of the above.
8))Red enters into a contract with her holy man to purchase his home for $400,000.00 even though it is only worth $300,000.00. Holy man insists that she will go to hell if she does not sign the contract.
Being a devout holy person she does so immediately. Later, Red wishes to get out of the contract.
What does Red claim?
Duress.
Mutual mistake.
Undue influence.
Unilateral mistake.
9))J Corp hires S Corp to sell its building to B Corp. Who is the principal and who is the agent?
J Corp is the agent and S Corp is the principal.
S Corp is the agent and J Corp is the principal.
A corporation cannot form an agency.
None of the above.
10))Sally is a chef at Mrs. Sam's Cookies. One day she was following a new secret recipe for a new line of cookies and had it on the counter. Tired at the end of the day, she forgot to put it away in the cabinet which is open and unlocked.
Susan, her assistant, was cleaning up and thought the paper was trash. She threw it away.
Carl, garbage man, discovers the secret recipe while emptying the dumpster on the street in the back of the building. He takes it home, and makes a batch of the cookies for his kids. They become so popular, that he starts selling them at the local market.
Can Mrs. Sam's Cookies sue him and win under the Uniform Trade Secrets Act?
No. Because there is an exception for farmer's markets.
Yes. Because it is a trade secret.
No. Because Mrs. Sam's did not safeguard the secret.
Yes. Because Carl should have known that he had no right to use the recipe.
1.Trade Secrets.
2.Trademark.
3.Patent.
4.Copyright.
Explanation / Answer
1) 4
2)
3)
4)
5)
6)
7) 2
8) 3
9) 2
10) 2
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