question

5A. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

answer

not fraud

question

5A. The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person's knowledge or consent (T/F)

answer

False

question

5A. Fraud occurs only when there is reliance on a statement of opinion (T/F)

answer

False

question

5A. The use by one person of another person's likeness without permission and for the benefit of the user constitutes the tort of appropriation (T/F)

answer

True

question

5A. Louis "larger and stronger than Mica" threatens to hit Mica. A moment later, Louis does hit and injure Mica. Mica files a suit against Louis. Mica could most likely recover for

answer

assault and battery

question

5A. Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of

answer

fact

question

5A. Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with

answer

a business relationship

question

5A. Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

answer

none of the choices

question

5A. Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is

answer

a public figure

question

5A. Tortfeasor is the term for a person who commits a tort. (T/F)

answer

True

question

5A. If it can be shown that a trespass to land was warranted, a complete defense exists (T/F)

answer

True

question

5A. Defamation is one person's use of another's name without permission (T/F)

answer

False

question

5A. Self-defense is a defense to negligence (T/F)

answer

False

question

5A. The purpose of tort law is to provide remedies when varies protected interests have been invaded (T/F)

answer

True

question

5A. Jaqy distributes a handbill among her neighbors accusing one of them "Ked" of being a convicted sex offender. The statement is defamatory only if

answer

the Statement is false

question

5A. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

answer

none of the choices

question

5A. Dru is an Excel Company employee. He falsely accuses Fiona, Excel's office manager, of stealing from their employer. The statement is defamatory

answer

if a coworker overhears it

question

5A. Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

answer

if Ike intended to push Joan

question

5A. False imprisonment occurs when a person restrains another intentionally and without justification (T/F)

answer

True

question

5A. To commit an international tort, one person must intend to harm a certain other person (T/F)

answer

False

question

5B. Paula develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual. Paula can obtain trademark protection for

answer

the name

question

5B. Copy Products, Inc., uses, in its ads, the trademark of Imitated Goods, Inc. Of course, Copy does not own the mark. Copy's unauthorized use constitutes trademark infringement if

answer

consumers are likely to be confused

question

5B. A generic term is not protected under trademark law unless it acquires a secondary meaning (T/F)

answer

False

question

5B. Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

answer

can register the mark for protection

question

5B. A party who unintentionally uses the trademark of another is not liable for trademark infringement (T/F)

answer

False

question

5B. An arbitrary use of ordinary words may not be trademarked (T/F)

answer

False

question

5B. In Case 8.1, Coca-Cola Co. v. Koke Co. of America, the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke." (T/F)

answer

True

question

5B. A trademark must be registered to support a trademark infringement action (T/F)

answer

False

question

5B. Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

answer

a service mark

question

5B. In 2013, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

answer

is renewable every ten years

question

5B. Modern Clothing, Inc., an National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is

answer

a collective mark

question

5B. Standard Corporation can not claim a trademark in the phrase "Quality is Standard" if the phrase

answer

is generic

question

5B. A famous trademark may be diluted only by the unauthorized use of an identical mark (T/F)

answer

False

question

5B. A suggestive use of ordinary words may be trademarked (T/F)

answer

False

question

5B. Home Products Company and House & Yard, Inc., use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Home Products and House & Yard are not in business together and do not own this mark. This mark is

answer

a certification mark

question

5B. Trademark dilution requires proof that consumers are likely to be consumers by the unauthorized use of the mark (T/F)

answer

False

question

5B. Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe". This is most likely

answer

trademark infringement

question

5B. Munchies, Inc., features the trademarks of famous fast-food restaurants such as McDonald's on binders and other school supplies. Munchies's use of the marks is trademark dilution

answer

if the use is unauthorized

question

5B. A personal name is not protected under trademark law unless it acquires a secondary meaning (T/F)

answer

True

question

5B. A fanciful use of ordinary words may be trademarked (T/F)

answer

True

question

6A. A unilateral contract is formed when the one receiving the offer completes the requested act or performance (T/F)

answer

True

question

6A. The intention to enter into a contract is judged by objective facts as interpreted by a reasonable person (T/F)

answer

True

question

6A. Bobbie claims that Carl breached their contract. Carl responds that he never intended to enter into a contract with Bobbie. The intent to enter into a contract is determined with reference to

answer

the objective theory of contracts

question

6A. An implied contract is implied from the conduct of the parties (T/F)

answer

True

question

6A. Lou claims that he and Myra entered into an implied contract. To establish this contract, it is not necessary to show that

answer

a court imposed a promise in the interest of fairness

question

6A. InTown Delivery Service promises to deliver a certain couch to Kurt, who promises to pay for the service. If InTown does not perform, the firm may be required to

answer

pay damages

question

6A. Scot and Tiffany enter into an implied contract. The parties' conduct

answer

defines the contract's terms

question

6A. Parties can form a contract without putting the terms into writing (T/F)

answer

True

question

6A. Contract law shows what excuses our society accepts for breaking certain types of promises (T/F)

answer

True

question

6A. An offer to form a bilateral contract is accepted only by completing the contract performance (T/F)

answer

False

question

6A. Employment Sources, Inc., enters into a contract with Fred. If Fred is a minor, this contract is most likely

answer

voidable

question

6A. An informal contract requires a special form to bind the parties to it (T/F)

answer

False

question

6A. One of the requirements of a valid contract is its acceptance (T/F)

answer

True

question

6A. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, Outdoor is more than half done with the work. This is

answer

a unilateral contract as soon as Outdoor begins to perform

question

6A. GR8 Marketing Company and Hot Tunes, Inc., sign a document that states GR8 agrees to create a marketing campaign for Hot and Hot agrees to pay GR8 for the service. GR8 and Hot have

answer

an express contract

question

6A. On behalf of the rock group Uno, their manager Thalia agrees to a performance in Seaside Amphitheater on July 4. Rex, acting for Seaside Productions, sends a written copy of the agreement to Thalia to be signed. Typically, businesspersons put their contracts in writing to

answer

ensure proof of the contacts' existence

question

6A. When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Loyal Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is

answer

an implied contract

question

6A. There are no exceptions to the rule that contracts voluntarily entered into will be enforced (T/F)

answer

False

question

6A. A letter of credit is a formal contract (T/F)

answer

True

question

6B. An incidental beneficiary cannot sue the promisor directly for breach of the contract. (T/F)

answer

True

question

6B. Loren and Kendra enter into a contract for the distribution of Loren's produce to local restaurants for which he agrees to pay Kendra. Kendra transfers her right to payment under the contract to County Bank. This transfer is

answer

an assignment

question

6B. Genie.com initiates an online dating service. To attract subscribers and encourage participation, Genie.com creates and posts profiles of fictitious persons and exaggerated profits of actual users. Fooled by the false profiles, Ham buys a subscription. He is most likely a victim of

answer

Fraud

question

6B. Urban City and Thru-way Construction Company enter into a contract that includes calculations. Urban, whose engineer, Sergei, compiled the figures, discovers later that some numbers were added incorrectly, but Thru-way refuses to make changes. Urban can

answer

rescind the contract on the basis of mistake

question

6B. Beau sells a car to Cody without disclosing that the odometer, which reads 40,000 miles, was disconnected 80,000 miles ago. Beau is liable for

answer

fraud

question

6B. Contracts involving interests in any property must be in writing to be enforceable (T/F)

answer

False

question

6B. George promises to repair Francesca's boat dock in exchange for Efrem's promise to plant trees on George's property. This is

answer

a third party beneficiary contract

question

6B. Under the Statute of Frauds, all contracts must be in writing to be enforceable (T/F)

answer

False

question

6B. Maya is a stockbroker. Nora believes that the price of OK Goods, Inc. (OKGI), a widely traded stock, is going to increase substantially. Through Maya, Nora buys 500 shares of OKGI at $10 per share, but the price soon drops to $2. Nora can successfully recover from Maya

answer

nothing

question

6B. Misrepresentation of a material fact can occur by actions alone (T/F)

answer

True

question

6B. The elements of fraud include the innocent party's justifiable reliance on a misrepresentation of a material fact. (T/F)

answer

True

question

6B. Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a contract. To be enforceable, the contract must be in writing if it involves

answer

an interest in land

question

6B. If a contract states that a right cannot be assigned, then ordinarily it cannot be assigned (T/F)

answer

True

question

6B. Only a mistake in value will make a contract voidable (T/F)

answer

False

question

6B. Voluntary consent can be used as a defense to the enforceability of a contract if the consent is lacking because of a mistake (T/F)

answer

True

question

6B. Forcing someone to enter into a contract by threatening to do something that the threatening party has no right to do is duress (T/F)

answer

True

question

6B. Lyra induces Moe to enter into a contract for the sale of an apartment about which Lyra fraudulently misrepresents a number of material facts. Lyra tells Moe that her commission is 6 perfect, but their signed, written contract states *12 percent." The Statute of Frauds governs

answer

contracts that must be in writing to be enforceable

question

6B. Vicky contracts with Rashad for the delivery of hospice services to benefit Sigmund. This is

answer

a third party beneficiary contract

question

6B. As a general rule, any contract duty can be delegated (T/F)

answer

True

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