Questions for Test No. 2 PDF

Preview

Summary

Download Questions for Test No. 2 PDF

Description

Ten Questions From Test No. 2

1. Justin and Selena have a contract with Thai Tom's (arguable the best Thai food in the Northwest) to cater their wedding reception. However, Tom became too busy planning the opening of another restaurant location, so he asks Peter to cater the wedding instead. After tasting his food, Justin and Selena both agree that Peter can take Tom's place in the contract. This is an example of what type of transaction? a. Novation b. Substituted Agreement (never reviewed; novation is a substituted agreement) c. Discharge by Impossibility d. Mutual Rescission 2. Leon contracts to install automatic watering troughs in Kendall’s dairy barn. Leon then becomes seriously ill and contracts with Jake to install the troughs. Jake is unreliable and never shows up to install the troughs. In most states, Kendall can sue a. no one. b. Jake only. c. Leon only. d. Jake or Leon. Delegation of duty doesn’t relieve the original person from their contractual duties 3. In its ads for athletic shoes, Target uses a trademark that is similar, but not identical, to the famous, registered mark of Niki, Inc. Target’s unauthorized use of the mark constitutes trademark dilution, provided that a. consumers are confused. b. Target and Niki are competitors. c. Target’s use is intentional. d. Target’s use is likely to impair the distinctiveness of Niki’s mark or harm its reputation. Harm to the reputation/value of the trademark if talking about INFRINGEMENT then the answer would be a 4. Rose commits an act via e-mail against Savers Bank, a business in Texas, where the act is a cyber crime. Rose resides in Utah where the act is not a crime. Prosecution of Rose in Texas involves questions of a. jurisdiction. b. “maximum contacts.” c. the immunity of Internet service providers. d. encryption.

5. Play-It-Loud, LLC, provides music-streaming services online subject to complex pricing schedules. To control specific offers for the services and thus the resulting contracts, important terms to provide online include

a. b. c. d.

a provision relating to the resolution of any dispute. a detailed history of the music business. positive reviews from users of the service. an updated list of the music available through the service.

6. Tile & Grout (T&G) contracts to resurface the insides of the pools at Water Park. T&G knows that without the resurfacing, Water Park will have to delay its seasonal opening. T&G does not perform as promised. As consequential damages, Water Park can recover a. the cost of new pools. b. the difference between T&G’s price and the eventual cost of resurfacing. c. the loss of profit from the delayed opening. d. nothing.

7. Liquidated damages are never permitted in contract cases. a. True b. False must be a difficulty in estimating original damages and (another reason) 8. The running of the time period in a statute of limitations defense prevents a private party from prosecuting his or her criminal case. a. True b. False private party does NOT pursue a criminal case 9. The duration of a design patent is twenty years from the date of the application. a. True b. False 14 years 10. A copyright is granted after filing an application with the U.S. Patent and Trademark Office and receiving its approval. a. True b. False you don’t file a copyright with the patent office...