Business law exam 3, set 2

Intellectual properties
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Terms in this set (15)
government license that is granted to an inventor that gives that inventor the exclusive right to manufacture, use, sell, and invention for a period of 20 years. creates a monopoly.
- Has to be patentable
- Has to be a real thing not a concept
- Has to be new
- Can not be obvious in light of current technology
Give the author of a certain work such as movies, books, etc the right to print, reprint, copy, publish and sell that work for a period of the life of the author + 70 years.
- Have to pay record label royalties (or the artist)
- Fair use doctrine:exception to the copyright laws. If you comment and critique, use for science or research that's okay as long as you don't financially harm the author.
2 types of cause1) Cause in fact - The DIRECT cause; running the red light and hitting someone 2) Proximate cause - Swerving to protect yourself from the person in the street and hitting a 3rd party. - Must be foreseeable as a causePalsgraf v Long Island RRWas this proximate cause? No, the fireworks were not foreseeable. causation MUST CONTINUE FROM NEGLIGENCE TO INJURY.Intervening (Superseding)Anything that interrupts the continuance from negligence to injuryStrict liabilityIn some cases, people who engage in activities that are inherently dangerous can be held liable if someone is injured as a result of those actions. - even if you didn't fail to do what a reasonable person would do.Defenses to negligence1) contributory 2) comparative 3) assumed risk - if you have been warned or have knowledge of the danger involved with a certain situation and you assume the risk involved, that's a defense. 4) last clear chance - if someone has a clear chance to avoid injury they have to take it.