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328. _____ Which of the following can be raised as a defense to a claim of defamation?

a. That the statement was true
b. That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice
c. That there was a conditional privilege to make a defamatory comment on another's statements in order to protect legitimate self-interest
d. All of the above

D

329. _____ The tort of ______________ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.
a. False light
b. False imprisonment
c. Defamation
d. Disparagement

d. Disparagement

330. _____ While he is working for a local software company, Norbert secretly creates a completely original software game. To avoid being discovered, he does not register a copyright on the game. Under these facts, which of the following is not accurate?

a. if the Company discovers the game, and sells it as its own, Norbert can immediately sue for copyright infringement in state court
b. software is not generally copyrightable
c. by failing to timely register a copyright, Norbert may have lost any right he had in the game to the Company
d. all of the above

D. All of the above

331. _____ Bob sneaks up behind Robert and smacks him hard on the back of his head. These facts could constitute:
a. the tort of assault
b. the tort of battery
c. assault and battery
d. none of the above

b. the tort of battery

332. _____ Which of the following are not valid defenses to a claim for negligence:
a. comparative negligence
b. contributory negligence
c. negligence per se
d. assumption of the risk
e. none of the above

c. negligence per se

333. _____ The elements of a cause of action in negligence include all of the following except:
a. the defendant must owe the plaintiff a duty of care
b. an enforceable contract between the parties
c. an injury caused by a breach of the applicable duty of care
d. none of the above

b. an enforceable contract between the parties

334. _____ Bill tells several people in his business law class that Mike, a fellow student, is "a dishonest criminal - and he has smallpox too." Which of the following facts, if true, would benefit Bill most if Mike were to sue him for defamation?
a. Mike incurred no "special damages" as the result of the comments
b. Mike is a dishonest criminal, and he does have smallpox
c. Both a and b above
d. None of the above

a. Mike incurred no "special damages" as the result of the comments

335. _____ The seller of a defective widget is being sued by a buyer under a strict liability theory. Which of the following facts, if true, would not be beneficial to the seller's defense?
a. that the seller was not engaged in the business of selling widgets
b. that the widget had been altered after the seller sold it
c. that the seller had taken all steps possible to ensure a safe product
d. that the product was not unreasonably dangerous

c. that the seller had taken all steps possible to ensure a safe product

336. _____ Harold comes up with an idea for a new type of pen that can write underwater. Harold can protect his new pen idea by:
a. A trademark registration
b. A copyright registration
c. Applying for patent
d. A service mark registration

c. Applying for patent

337. _____ Jill develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual to be included with each final product. Jill could obtain trademark protection for:
a. the espresso machine only
b. the name only
c. the operating manual only
d. the espresso machine, the name, and the operating manual

b. the name only

338. _____ Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury:
a. If Bob intended to push Carol
b. Only if Bob did not intend to break Carol's arm
c. Only if Bob had a bad motive for pushing Carol
d. Only if Bob intended to break Carol's arm

a. If Bob intended to push Carol

339. _____ Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of:
a. Future harm
b. Immediate harm
c. Past harm
d. Past, present, or future harm

b. Immediate harm

340. _____ Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use:
a. Any force
b. Any force, except force that is likely to cause death
c. Force that is reasonably necessary to prevent the harmful contact
d. No force

c. Force that is reasonably necessary to prevent the harmful contact

341. _____ Larry is sued for assault and battery. Larry can raise defense of property as a defense to the charge of:
a. Assault only
b. Battery only
c. Assault or battery
d. None of the above

c. Assault or battery

342. _____ Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina:
a. Did not actually shoplift
b. Had not shoplifted in the past
c. Had probable cause to leave the premises
d. Was detained for an unreasonably long time

d. Was detained for an unreasonably long time

343. _____ Mary is accused of slander. Slander includes:
a. Oral defamatory statements only
b. Written defamatory statements only
c. Oral and written defamatory statements
d. None of the above

a. Oral defamatory statements only

344. _____ Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory:
a. Because a third party heard it
b. Only if Nick suffers emotional distress
c. Only if the statement is also published in the media
d. Only if the statement was made in an annoying manner

a. Because a third party heard it

345. _____ Assault and battery both require:
a. Physical contact between the defendant's body and the plaintiff's body
b. Awareness of the attempted physical contact at the time it occurs
c. Reasonable apprehension of a harmful or offensive physical contact
d. None of the above

D

346. _____ Which of the following is generally true regarding the tort of conversion?
a. It involves both real property (land and interests in land) and personal property
b. As its name implies, conversion always involves the transformation of the plaintiff's property into something else--e.g., its destruction, alteration, etc.
c. A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft
d. Conversion involves all interferences with the plaintiff's property rights--whether serious or nonserious

c. A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft

347. _____ Which of the following essentially is a "defense" to the negligence defense called contributory negligence--that is, something that will knock out an otherwise-good contributory negligence defense?
a. Last Clear Chance
b. Res Ipsa Loquitur
c. Proximate Cause
d. The "Substantial Factor" Doctrine

a. Last Clear Chance

348. _____ Bodily contact that is harmful or offensive can give rise to the tort of:
a. Assault
b. Battery
c. Defamation
d. Appropriation

b. Battery

349. _____ Joe was angry with a clerk and, standing a foot away from the clerk, Joe drew his arm back with a clenched fist and stated, "I am going to punch your lights out." What tort did Joe commit?
a. Libel
b. False imprisonment
c. Battery
d. Assault

d. Assault

350. _____ Which of the following statements about torts is correct?
a. A tortious act is always a criminal act
b. A criminal act is always a tortious act
c. A tortious act may also be a criminal act
d. All the above are correct

c. A tortious act may also be a criminal act

351. _____ Punitive damages are intended to:
a. Compensate the plaintiff for medical expenses
b. Compensate the plaintiff for lost earnings
c. Pay the plaintiff for pain and suffering
d. Punish the defendant

d. Punish the defendant

352. _____ Carlos loves venomous snakes and keeps a number of them at his house. He hits on Ana at a bar and offers to show her his collection. They go back to Carlos' house and Ana is rather impressed with the snakes. Carlos and Ana get amorous and CiCi, Carlos' favorite cobra become jealous. Cici manages to escape from her cage and strikes Ana sending her to the hospital for over a month. Ana sues Carlos. Carlos:
a. will be strictly liable
b. is not liable, Ana knew that Carlos had poisonous snakes and she assumed the risk
c. Carlos Is liable only if he intentionally released the cobra from its cage
d. is not liable. The cobra bite was unforeseen

a. will be strictly liable

353. _____ Stan calls Sam on the telephone. Stan threatens Sam and tells him that he is coming over to his house the next day to hit him over the head:
a. Stan has committed a battery
b. Stan has committed an assault
c. Stan has committed both a battery and an assault
d. Stan has not committed an assault because there is no threat of an immediate bodily harm
e. Stan has not committed an assault because he did not hit Sam

d. Stan has not committed an assault because there is no threat of an immediate bodily harm

354. _____ Albert, an entrepreneurial business law student decides to make some money by selling folders with unflattering pictures of all the business law professors. He does not have permission from any of them. Which of the following is true?
a. Albert has slandered the professors. They are all great looking.
b. Albert has libeled the professors. They are all great looking.
c. Albert has appropriated for commercial gain the photographs and invaded the professors' privacy.
d. Albert has not committed any tort.

c. Albert has appropriated for commercial gain the photographs and invaded the professors' privacy.

355. _____ Bud Weiser, a truck driver, is involved in an accident with Beemer Silver. He is charged in Broward County with the wrongful death of Beemer Silver. Bud is convicted and sentenced to prison. Beemer's wife:
a. cannot sue Bud in tort for Silver's death because he already has been tried and double jeopardy bars it
b. can sue Bud in tort for Silver's death because double jeopardy does not apply
c. can ask the Broward County State Attorney to file a tort claim as a service to the victims
d. does not have to do anything else. Bud lost and Mrs. Silver will be compensated for her loss

b. can sue Bud in tort for Silver's death because double jeopardy does not apply

356. _____ Hawk Hiking Shoes, Inc., uses Sierra Boots Corporation's mark in Hawk's advertising without Sierra's permission. This is:
a. copyright infringement
b. patent infringement
c. trademark infringement
d. violation of a trade secret

c. trademark infringement

357. _____ Ernie's Good Times Restaurant uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance would be considered:
a. A certification mark
b. A collective mark
c. A service mark
d. Trade dress

d. Trade dress

358. _____ Steve invents a new deep-sea fishing net, which he names "Good Catch." He also writes the operating manual to be included with each final product. Steve could obtain copyright protection for
a. The fishing net only
b. The name only
c. The operating manual only
d. The fishing net, the name, and the operating manual

c. The operating manual only

359. _____ Intellectual property consists of which of the following?
a. Trade secrets
b. Patents
c. Trade symbols
d. All of the above are considered intellectual property

D

360. _____ Which of the following items would be patentable?
a. A distinctive variety of an asexually reproducing plant
b. A textbook
c. The theory of relativity
d. A computer program

d. A computer program

361. _____ The apple which identifies Apple Computers is an example of a:
a. Trademark
b. Service mark
c. Certification mark
d. Collective mark

a. Trademark

362. _____ An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:
a. Copyright
b. Patent
c. Trademark registration
d. Service mark registration

a. Copyright

363. _____ A sculptor wishes to protect one of his original works. He may do so by applying for a:
a. Copyright
b. Patent
c. Service mark registration
d. Trademark registration

a. Copyright

364. _____ Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:
a. Service marks
b. Certification marks
c. Collective marks
d. Trademarks

b. Certification marks

365. _____ An example of a "certification mark" would be:
a. Holiday Inns
b. Xerox
c. Real Cheese
d. Nabisco

c. Real Cheese

366. _____ The requirements for a patent include all EXCEPT:
a. The invention must be novel
b. The invention must be nonobvious
c. The invention must be practical
d. The invention must be useful

c. The invention must be practical

367. _____ Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.
a. Janice's song was automatically copyrighted when she wrote it down on paper.
b. If Janice wishes to enforce her copyright, she must first register her song with the Copyright Office.
c. Both of the above are correct.
d. Neither of the above is correct.

C

368. _____ The Good Housekeeping Seal of Approval is an example of a:
a. Trademark
b. Service mark
c. Collective mark
d. Certification mark

d. Certification mark

369. _____ The logo used to identify the Girls Scouts of America is called a:
a. Trademark
b. Service mark
c. Certification mark
d. Collective mark

d. Collective mark

370. _____ McDonald's famous golden arches and other marks used by the company illustrate a:
a. Trademark
b. Service mark
c. Certification mark
d. Collective mark

b. Service mark

371. _____ Which of the following started out as a trademark name?
a. Zipper
b. Linoleum
c. Nylon
d. All of the above

D

372. _____ Which of the following is not one of the general categories of torts?
a. Strict liability
b. Criminal
c. Negligence
d. Intentional

b. Criminal

373. _____ Damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called:
a. Consequential
b. caveat emptor
c. punitive
d. res ipsa loquitor

c. punitive

374. _____ E&E Explosives was testing some new explosive compounds at its testing facility outside of town. During testing, some new experimental explosives were set off. The reaction caused by these explosives caused an earthquake that damaged several buildings in the town. E&E exercised due care in testing these explosives, but this type of activity poses an inherent risk of harm to others no matter how careful E&E acts. Under these facts:
a. E&E is liable for the damage to the buildings only if it intentionally tried to cause this harm
b. E&E is liable for the damage to the buildings only if it acted negligently when testing these explosives
c. E&E is liable for the damage to the buildings even if it did not intentionally or negligently cause this harm
d. a and b

c. E&E is liable for the damage to the buildings even if it did not intentionally or negligently cause this harm

375. _____ A negligence tort may be described as:
a. One in which the degree of care taken never matters
b. One in which the plaintiff must prove the defendant intended to harm her
c. Unintentional or accidental
d. Premeditated and malicious

c. Unintentional or accidental

376. _____ In a negligence case, the plaintiff must establish:
a. Duty, breach, causation, and injury
b. Duty, breach, foreseeable harm, and injury
c. Duty, breach, foreseeable harm, and causation
d. Duty, breach, foreseeable harm, and injury

a. Duty, breach, causation, and injury

377. _____ The burden of proof necessary in a tort action is
a. Beyond a reasonable doubt
b. Clear and convincing
c. A preponderance of the evidence
d. Substantial

c. A preponderance of the evidence

378. _____ Jennifer writes Maureen a nasty letter in which she says she is a dishonest accountant - even though she knows Maureen is not dishonest. Jennifer has committed which of the following torts:
a. libel
b. slander
c. slander per se
d. none of the above

D

379. _____ Barry calls Hillary on the phone, and offers to sell her his car for $1000. Hillary says she accepts, and Bill tells her he will deliver the car to Hillary's home in the morning. On these facts:
a. libel
b. slander
c. slander per se
d. none of the above

b. the agreement between Barry and Hillary is unenforceable

380. _____ John writes an e-mail (and sends it to all of his co-workers) that concerns his supervisor Frank's private financial affairs. Frank sues John for invasion of privacy. Which of the following facts, if true, would benefit John in his defense of that suit?
a. the facts John disclosed were all true
b. John was not acting with "actual malice"
c. John believed the facts he disclosed to be true
d. all of the above
e. none of the above

E

381. _____ Which of the following statements is correct?
a. A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.
b. A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable.
c. A plaintiff must show that the defendant's act created a foreseeable danger even if it was not the factual cause of her injury.
d. A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury.

a. A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.

382. _____ Punitive damages are awarded:
a. For past and future medical expenses
b. For past and future economic loss
c. To punish the defendant
d. For past and future pain and suffering

c. To punish the defendant

383. _____ Martha owns a demolition company. If a pedestrian is injured during a demolition conducted by Martha's company under the theory of strict liability, Martha would be liable:
a. Only if her employees intended to injure the pedestrian
b. Only if her employees knew that their actions would result in the injury
c. Only if the injury was reasonably foreseeable
d. Whether or not her employees were at fault

d. Whether or not her employees were at fault

384. _____ In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect:
a. That was caused by the defendant
b. Of any type
c. That made the product unreasonably dangerous
d. That the defendant knew existed

a. That was caused by the defendant

385. _____ If a manufacturer produces a defective product, and sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liability?
a. Only the manufacturer
b. Only the manufacturer and the wholesaler
c. The manufacturer, wholesaler, and retailer
d. Only the party at fault

c. The manufacturer, wholesaler, and retailer

386. _____ New Capital Corporation has a security interest in property owned by Regal Medical Supply Company. As a creditor, New Capital's primary concern is whether:

a. it has an enforceable security interest in Regal's property to satisfy the debt if Regal defaults
b. its security interest in Regal's property, if enforceable, will take priority over the security interests and claims of other creditors
c. both a and b
d. none of the above

C

387. _____ Ace Loan Company has a security interest in collateral owned by Best Tool & Die Company. A security interest in collateral:
a. Eliminates the need for a financing statement
b. Is enforceable when attachment occurs
c. Is lost when attachment occurs
d. Must be obtained by possession

d. Must be obtained by possession

388. _____ General Credit Corporation lends funds to Cathy, a consumer, to apply to the cost of a sport utility vehicle. To have an enforceable security interest, the value that General Credit, or any creditor, must give to Cathy, or any debtor, may be:
a. A binding commitment to extend credit
b. Any consideration that supports a simple contract
c. Any security given for a preexisting obligation
d. Any of the above

D

389. _____ Each of the following owns an All-Rite brand food processor: Diner's Restaurant; Eve, a consumer; Frank, a cooking-school student; and Great Deals, a discount store. As collateral, the processor that would be classified as inventory is owned by:
a. Diner's Restaurant
b. Eve
c. Frank
d. Great Deals

d. Great Deals

390. _____ Bob, a forest-service engineer, buys a four-wheel-drive vehicle to use only for off-road recreational use. Under UCC Article 9, this vehicle would likely be characterized as:
a. A consumer good
b. An accession
c. Equipment
d. Inventory

a. A consumer good

391. _____ Tom offers to sell United Produce Company a boxcar load of tomatoes. The offer is sent via Federal Express overnight because an acceptance is required urgently. It would be reasonable for United to accept via:
a. a fax, a letter, or a phone call to Tom within two weeks
b. a fax sent to Tom as soon as the offer is received
c. a letter mailed to Tom two days later
d. a phone call to Tom two weeks later

b. a fax sent to Tom as soon as the offer is received

392. _____ Discount Furniture Company, a creditor, allows Eve, a debtor, to have possession of goods that she bought from Discount even though she has not paid all of the debt. A legally sufficient financing statement need not include:
a. A description of the collateral
b. A statement of the reason for Discount's allowance
c. Discount's name
d. Eve's name

b. A statement of the reason for Discount's allowance

393. _____ First Financial, Inc. files a financing statement regarding a transaction with Great Electronics Company. To be valid, the financing statement must contain all of the following except:
a. A description of the collateral
b. A statement of the purpose for the transaction
c. The name of the debtor
d. The name of the secured party

b. A statement of the purpose for the transaction

394. _____ Credit Extender, Inc. (CE), a creditor, wants to perfect its interest in property owned by Dandy Goods, Inc. (DG). Filing a financing statement:
a. Gives notice to other creditors of CE's security interest
b. Is a technicality that has no practical effect
c. Reduces CE, on DG's bankruptcy, to an unsecured creditor
d. Transfers DG's property into CE's possession

a. Gives notice to other creditors of CE's security interest

395. _____ Adam, a debtor, and Beth, a creditor, sign a security agreement containing a specific description of the collateral. Beth subsequently files a financing statement that contains a more general description. This description:
a. Invalidates the financing statement only
b. Invalidates the security agreement only
c. Invalidates the financing statement and the security agreement
d. Is sufficient

d. Is sufficient

396. _____ Ann owes Ben $500 on their contract, but refuses to pay. To collect, Ben files a mechanic's lien, under which security for the debt is represented by:
a. Ann's personal property
b. Ann's real estate
c. The $500 owed under the contract
d. The contract

b. Ann's real estate

397. _____ A contract between Fresh Fruit Corporation and Good Grocer, Inc., requires Fresh Fruit to deliver goods directly to Good Grocer's place of business. This is:
a. a shipment contract
b. a commercial unit shipment contract
c. an acceptance contract
d. a destination contrac
e. none of the above

d. a destination contrac

398. _____ Office Systems, Inc. pays Tech Products $100 to use a Tech computer for one year. This is:
a. A sale
b. A consignment
c. A lease
d. A sale on approval

c. A lease

399. _____ Aaron, a jeweler, repairs Beth's necklace and returns it to her even though she does not pay for the repairs. To recover payment, Aaron can claim:
a. A mechanic's lien
b. An artisan's lien
c. An innkeeper's lien
d. None of the above

D

400. _____ Tina operates a sole proprietorship, a corporation, and a partnership. Tina wants to obtain relief for her individual debts and the debts of her corporation and partnership. Tina may file a petition for each under:
a. Chapter 7
b. Chapter 9
c. Chapter 11
d. Chapter 13

a. Chapter 7

401. _____ Phil's voluntary petition for bankruptcy is found to be proper. The order for relief is effective as soon as:
a. Phil files the petition
b. Phil posts a bond to cover the costs of the proceedings
c. Phil's creditors agree to the terms
d. The trustee collects and distributes the property of Phil's estate

a. Phil files the petition

402. _____ Ansel files a petition for bankruptcy. To give the court the information it needs to decide whether to grant Ansel's request for protection from his creditors, Ansel must include with his petition:
a. A list of secured and unsecured creditors and the amount of debt owed to each
b. A statement of Ansel's financial affairs
c. A list of all the property owned by Ansel
d. All of the above

D

403. _____ Evan files for bankruptcy on Monday. He owes money to Fred, who has a valid security interest in Evan's bicycle. Fred, who is uneasy about Evan's ability to pay, but who does not know about the bankruptcy, tries to repossess the bicycle on Tuesday. Fred:
a. Can repossess the bicycle and file suit for payment of the debt
b. Can repossess the bicycle, but cannot file suit for payment of the debt
c. Cannot repossess the bicycle, but can file suit for payment of the debt
d. Cannot repossess the bicycle nor file suit for payment of the debt

d. Cannot repossess the bicycle nor file suit for payment of the debt

404. _____ Roberta goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when:
a. A court grants a petition in bankruptcy that automatically stays all litigation by creditors against a debtor
b. A debtor is unable to pay his or her debts as they come due
c. A debtor's creditors force the debtor into bankruptcy proceedings
d. A debtor's debts exceed the fair market value of his or her assets

c. A debtor's creditors force the debtor into bankruptcy proceedings

405. _____ Fred conceals assets from his bankruptcy proceeding with the intent to defraud his creditors. When this is discovered, the court may:
a. Only deny a discharge
b. Only distribute Fred's assets to his creditors
c. Only order that Fred remain liable for the unpaid portions of the creditors' claims
d. Deny a discharge, distribute Fred's assets to his creditors, and order that Fred remain liable for the unpaid portions of the creditors' claims

d. Deny a discharge, distribute Fred's assets to his creditors, and order that Fred remain liable for the unpaid portions of the creditors' claims

406. _____ Best Credit Corporation lends funds to Cathy, a consumer, to apply to the cost of a sport utility vehicle (SUV), which is the collateral for the loan. An enforceable security interest requires:
a. a written agreement and Best's possession of the SUV
b. a written agreement or Best's possession of the SUV
c. a written agreement only
d. Best's possession of the SUV only

b. a written agreement or Best's possession of the SUV

407. _____ A voluntary petition under Chapter 7:
a. Cannot be filed by an insurance corporation
b. Requires that the debtor's debts exceed his assets by $5000
c. Requires that the debtor have at least three creditors
d. Cannot be made by an individual

a. Cannot be filed by an insurance corporation

408. _____ A bankruptcy petition under chapter 7:
a. Can only be filed by the debtor
b. Can only be filed by the debtor's creditors
c. Can only be filed by the trustee
d. Can be filed either by the debtor or his creditors

d. Can be filed either by the debtor or his creditors

409. _____ All of the following can be used to perfect an UCC Article 9 security interest, except:
a. a UCC-1 financing statement
b. the creditor's possession of the collateral
c. a security agreement
d. none of the above

d.

410. _____ Bob, who works as a park ranger, buys a new motorcycle for $15,000 to drive on weekends. The UCC will likely define the bike as:
a. consumer good
b. an accession
c. equipment
d. inventory

a. consumer good

411. _____ Ben owes money to Sharon. Ben's mom, Shelly, orally agrees to assume Ben's debt to Sharon. Six months later, when Ben still has not paid Sharon, Sharon demands payment from Shelly. Shelly refuses to pay Sharon and tells her that the agreement is not in writing, that she does not have to pay. Sharon can enforce Shelly's promise to pay the debt if the promise benefits:
a. Anyone
b. Shelly
c. Ben
d. Sharon

b. Shelly

412. _____ John carelessly bumps into Sally, knocking her to the ground. John has committed the tort of negligence:
a. Only if Sally is injured
b. Only if Sally in not injured
c. Whether or not Sally is injured
d. Under no circumstances

a. Only if Sally is injured

413. _____ In considering whether a product has been defectively designed, courts will consider all of the following facts except:
a. the magnitude and probability of the foreseeable risks of harm
b. the instruction or warnings accompanying the product
c. consumer expectations about the product
d. the likely affects of the alternative design on production costs
e. none of the above

E

414. _____ Someone injured by a product that was purchased new could recover on the basis of:
a. Breach of warranty
b. Breach of warranty or negligence
c. Breach of warranty or strict liability
d. Negligence of strict liability
e. Breach of warranty, negligence, or strict liability

e. Breach of warranty, negligence, or strict liability

415. _____ Late one night when driving home from work, Scott, a medical doctor, sees a car run off the road. He pulls over, and provides medical aid to the injured driver, who is lying there the entire time unconscious. Later Scott sends the driver a bill for the reasonable value of the services he rendered. Under these facts:
a. Scott and the driver entered into an implied-in-fact contract
b. The driver will likely have to pay under "promissory estoppel"
c. The doctor is entitled to be paid under quasi contract
d. All of the above

c. The doctor is entitled to be paid under quasi contract

416. _____ Irving, a professor at the local university, copies a chapter out of a textbook (without permission from the author), and passes the copies out to his students at no charge. If he is sued for copyright infringement, Irving will likely argue:
a. the text book is not copyrightable
b. fair-use
c. absolute privilege
d. none of the above

b. fair-use

417. _____ Peter publishes confidential information about Patricia over the internet. This could be the tort of:
a. Defamation
b. Conversion
c. Public disclosure of private facts
d. Harassment
e. All of the above

c. Public disclosure of private facts

418. _____ Which of the following is not a warranty that could arise under Article 2 of the UCC?
a. warranty of title
b. warranty of habitability
c. warranty of fitness for a particular purpose
d. warranty of merchantability

b. warranty of habitability

419. _____ Cecilia tells her accountant Robert: "In consideration of all of the work you have done for me last year, I promise to pay you a $10,000.00 bonus." Robert graciously thanks her and says "I accept your offer." Under these facts, Cecilia's promise:
a. along with Robert's acceptance, created a valid, enforceable contract
b. is illusory
c. is likely unenforceable
d. none of the above

c. is likely unenforceable

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