Which of the following is a false statement? a. Adverse possession is a means of

Question

Which of the following is a false statement?

a. Adverse possession is a means of obtaining ownership and title of property without the delivery of a deed.
b. Government taking private property for public use or purpose in the U.S. requires the payment of “just compensation.”
c. In determining whether copyright protection under U.S. law should be granted, one key issue is the manner in which a particular idea is expressed.
d. A formula for a chemical compound cannot be a trade secret pursuant to U.S. trade secret law since it is too scientific.

Which of the following is a correct statement?

a. Statements of fact regarding a product that are made during the bargaining process can never be express warranties since facts can be “checked out.”
b. A seller must use the specific words “warrant” or “warranty” or “guaranty” in order to create an express warranty under the UCC.
c. An implied warranty of merchantability arises in every sale of goods by a merchant who deals in the kind of goods sold unless otherwise disclaimed.
d. A seller must provide a written warranty for every sale of consumer goods based on federal consumer law.

Explanation / Answer

I'm pretty sure the answer to the first one is d) If you want backup here it is: Perhaps the most widely used common law definition of a trade secret was set forth in the Restatement of Torts, § 757, comment b (1939): [A trade secret is] [a]ny formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. More recently, the Restatement of Unfair Competition, § 39 (2002), defines a trade secret with a slight difference. A trade secret is any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others. Sounds pretty broad to me, how about you? Doubt if a chemical compound would not qualify. As far as the second one is concerned, I believe c is correct. Here's some backup. An implied warranty of merchantability is an unwritten and unspoken guarantee to the buyer that goods purchased conform to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods sold under similar circumstances. In other words, merchantable goods are goods fit for the ordinary purposes for which they are to be used. The Uniform Commercial Code (UCC), adopted by most states, provides that courts may imply a Warranty of merchantability when (1) the seller is the merchant of such goods, and (2) the buyer uses the goods for the ordinary purposes for which such goods are sold (§ 2-314). Thus, a buyer can sue a seller for breaching the implied warranty by selling goods unfit for their ordinary purpose.

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