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BLAW 333 EXAM 1 REAL

Terms in this set (87)

Loren is charged with criminal theft. For a conviction, like most crimes, theft requires:
a specified state of mind and performance of a prohibited act
Gwen signs Heidi's name, without her consent, to the back of a check. This is
embezzlement
Newt, a bank teller, deposits into his account checks that bank customers give to him to deposit into their accounts. This is:
embezzlement
Grover posts an electric piano for bids on iSell, a Web auction site. Hypatia makes the highest bid and sends the payment, which Grover receives, but he does not ship the piano. This is online:
auction fraud
Posing as a Deft Credit Company, Milo e-mails Lovely, asking her to verify her credit card information through a link in the e-mail. She clicks on the prompt and enters the dates. This is
phishing
Crissy uses her computer and an online connection to break into Bargain Discount Store's computer network. Crissy is:
a hacker
Jody, a government agent, arrests Kevin for the commission of a crime. Kevin claims that jody entrapped him. This is a valid defense if Jody:
pressured Kevin into committing a crime
Perla is arrested on suspicion of the commission of a crime. Individuals who are arrested must be told of their right to:
remain silent
While away from her business, Kate is arrested on suspicion of commission of a crime. At Kate's trial, under the exclusionary rule
illegally obtained evidence must be excluded from admission as evidence
Eve is arrested on suspicion of commission of a crime. A grand jury issues a formal charge against her. This is:
an indictment
Johnnycakes, Inc., uses Pattycake Corporation's patented formula in Johnnycake's recipe for a similar product, without Pattycake's permission. This is:
patent infringement.
Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega:
can register the mark for protection.
Tony own Tonio's, a pub in a small town in Iowa. Universal Dining, Inc., opens a chain of pizza places in California called "Tonio's" and, without Tony's consent, uses "toniosincalifornia" as part of the URL for the chain's Web sit. This is:
neither copyright infringement, cybersquatting, or trademark dilution.
The graphics used in "Grave Raiders," a computer game, are protected by:
copyright law.
Production techniques used to make "Grave Raiders," a computer game, are protected by:
trade secrets law.
Tech Corporation uses USA, Inc.'s trademark in Tech's ads without USA's permission. This is:
trademark infringement.
Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is:
a collective mark.
Isabel invents a new type of light bulb and applies for a patent. If Isabel is granted a patent, the invention will be protected:
for 20 years.
Data Corporation created and sells "Economix," financial computer software. Data's copyright in Economix is best protected under:
the TRIPS Agreement.
National Media, Inc. (NMI), publishes Opinion magazine, which contains an article by Paula. Without her permission, NMI puts the article not an online database. This is:
copyright infringement.
Copyright protection is automatic for the life of the author of a work plus_____ years
70
Copyrights owned by publishing expire _____ years from the date of the publication of a work or _____ years from the date of its creation, whichever is first
95 ; 120
For works by more than one author, a copyright expires ____ years after the death of the last surviving author
70
Driving a car negligently, Rollo crashes into a phone pole. The pole falls, smashing through the roof of a house, killing Silky. But for Rollo's negligence, Silky would not have died. Regarding the death, the crash is the:
cause in fact.
Hortense, a salesperson for Idling Corporation, causes a car accident while on business. Hotness and Idling are liable to:
only those whose injuries could have been reasonably foreseen.
Resource Mining Company (RMC) engages in blasting operations. This is subject to strict liability because:
blasting is a dangerous activity.
To protect its customers and other business invitees, Grocers Market must warn them of:
hidden dangers.
Major Construction Inc. (MCI), uses dynamite in its projects. Neil stores household chemicals in the garage. Most likely liable for any injury caused by an abnormally dangerous activity is:
MCI only.
Curt owns Destruction Corporation (DC), a demolition company. A demolition by a DC crew injures Elise, a passerby. Under the doctrine of strict liability, Curt must pay for Elise's injury:
whether or not the crew was at fault.
Stefano, an engineer, supervises the construction of a new house. When the house collapses due to faulty construction, the injured parties sue Stefano. As a professional, he is held to the same standard of care as:
other engineers.
Gail hires Harry to design an office building. Dissatisfied with the look of the building, Gail sues Harry for negligence. Harry can successfully defend against the suit by showing that he:
did not injure Gail.
Lara enters Marathon, an athletic competition. Regarding the risk of injury, Lara assumes:
all of the risks normally associated with the event.
Nina is injured in a truck accident and sues Owen, alleging negligence. Own claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery:
even if Nina was only slightly at fault.
basic defenses to ______ include comparative negligence, contributory negligence, & assumption off risk
negligence
one who voluntarily & knowingly enters into a risky situation normally cannot recover damages is the defense of _________
assumption of risk
when both parties' failure to use reasonable care combines to cause injury, in some states the injured party's recovery is prorated according to his or her own negligence is _________
comparative negligence
On May 2, Mason orally contracted with Acme Appliances to buy for $480 a washer and dryer for household use. Mason and the Acme salesperson agreed that delivery would be made on July 2. On May 5, Mason telephoned Acme and requested that the delivery date be moved to June 2. The Acme salesperson agreed with this request. On June 2, Acme failed to deliver the washer and dryer to Mason because of an inventory shortage. Acme advised Mason that it would deliver the appliances on July 2 as originally agreed. Mason believes that Acme has breached its agreement with Mason. Acme contends that its agreement to deliver on June 2 was not binding. Acme's contention is
Incorrect, because the agreement to change the delivery date was binding.
Under the Sales Article of the UCC, which of the following statements is correct?
The obligations of the parties to the contract must be performed in good faith.
Under the Sales Article of the UCC, when a written offer has been made without specifying a means of acceptance but providing that the offer will only remain open for ten days, which of the following statements represent(s) a valid acceptance of the offer?

I. An acceptance sent by regular mail the day before the ten-day period expires that reaches the offeror on the eleventh day.
II. An acceptance faxed the day before the ten-day period expires that reaches the offeror on the eleventh day, due to a malfunction of the offeror's printer.
Both I and II
Under the Sales Article of the UCC, a firm offer will be created only if the
Offer is made by a merchant in a signed writing.
Which of the following contracts is handled under common law rules rather than under Article 2 of the Uniform Commercial Code?
Oral contract to have hair styled in which expensive products will be used on the hair.
Cookie Co. offered to sell Distrib Markets 20,000 pounds of cookies at $1.00 per pound, subject to certain specified terms for delivery. Distrib replied in writing as follows:

We accept your offer for 20,000 pounds of cookies at $1.00 per pound, weighing scale to have valid city certificate.
Under the UCC
A contract was formed between the parties.
EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was canceling the contract. EG finished the door and shipped it to Art. Art refused to accept delivery. Art contends that the contract cannot be enforced because it violated the Statute of Frauds by not being in writing. Under the Sales Article of the UCC, is Art's contention correct?
No, bc the goods were specially manufactured for Art & cannot be resold in EG's regular course of business.
On May 2, Handy Hardware sent Ram Industries a signed purchase order that stated, in part, as follows:
Ship for May 8 delivery 300 Model A-X socket sets at current dealer price. Terms 2/10/net 30. Ram received Handy's purchase order on May 4. On May 5, Ram discovered that it had only 200 Model A-X socket sets and 100 Model W-Z socket sets in stock. Ram shipped the Model A-X and Model W-Z sets to Handy without any explanation concerning the shipment. The socket sets were received by Handy on May 8. Which of the following statements concerning the shipment is correct?
Ram's shipment is an acceptance of Handy's offer.
Under the UCC Sales Article, which of the following conditions will prevent the formation of an enforceable sale of goods contract?
Open acceptance.
Webstar Corp. orally agreed to sell Northco, Inc. a computer for $20,000. Northco sent a signed purchase order to Webstar confirming the agreement. Webstar received the purchase order and did not respond. Webstar refused to deliver the computer to Northco, claiming that the purchase order did not satisfy the UCC Statute of Frauds because it was not signed by Webstar. Northco sells computers to the general public and Webstar is a computer wholesaler. Under the UCC Sales Article, Webstar's position is
Incorrect bc it failed to object to Northco's purchase order.
Patch, a frequent shopper at Soon-Shop Stores, received a rain check for an advertised sale item after Soon-Shop's supply of the product ran out. The rain check was in writing and stated that the item would be offered to the customer at the advertised sale price for an unspecified period of time. A Soon-Shop employee signed the rain check. When Patch returned to the store one month later to purchase the item, the store refused to honor the rain check. Under the Sales Article of the UCC, will Patch win a suit to enforce the rain check?
m to satisfy all customers.
Yes, bc the rain check met the requirements of a merchant's firm offer even though no effective time period was stated.
A sheep rancher agreed in writing to sell all the wool shorn during the shearing season to a weaver. The contract failed to establish the price and a minimum quantity of wool. After the shearing season, the rancher refused to deliver the wool. The weaver sued the rancher for breach of contract. Under the Sales Article of the UCC, will the weaver win?
Yes, bc this was an output contract.
Under the Sales Article of the UCC, & unless otherwise agreed to, the seller's obligation to the buyer is to
hold conforming goods ¶ give the buyer whatever notification is reasonably necessary to enable the buyer to take delivery
Under the Sales Article of the UCC, the warranty of title
Provides that the seller deliver the goods free from any lien of which the buyer lacked knowledge when the contract was made
Under the Sales Article of the UCC, most goods sold by merchants are covered by certain warranties. An example of an express warranty would be a warranty of
Conformity of goods to sample.
Under the Sales Article of the UCC, which of the following statements is correct regarding the warranty of merchantability arising when there has been a sale of goods by a merchant seller?
The warranty arises as a matter of law when the seller ordinarily sells the goods purchased.
On May 2, Handy Hardware sent Ram Industries a signed purchase order that stated, in part, as follows:

Ship for May 8 delivery 300 Model A-X socket sets at current dealer price. Terms 2/10/net 30.

Ram received Handy's purchase order on May 4. On May 5, Ram discovered that it had only 200 Model A-X socket sets and 100 Model W-Z socket sets in stock. Ram shipped the Model A-X and Model W-Z sets to Handy without any explanation concerning the shipment. The socket sets were received by Handy on May 8.

Assuming a contract exists between Handy and Ram, which of the following implied warranties would result?

I. Implied warranty of merchantability.
II. Implied warranty of fitness for a particular purpose.
III. Implied warranty of title.
I and III only.
Under the UCC Sales Article, an action for breach of the implied warranty of merchantability by a party who sustains personal injuries may be successful against the seller of the product only when
The seller is a merchant of the product involved
Which of the following conditions must be met for an implied warranty of fitness for a particular purpose to arise in connection with a sale of goods?

I. The warranty must be in writing.
II. The seller must know that the buyer was relying on the seller in selecting the goods.
II only
High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory?
High may recover even if he cannot show any negligence was involved
Rowe Corp. purchased goods from Stair Co. that were shipped COD. Under the Sales Article of the UCC, which of the following rights does Rowe have?
the right to reject nonconfirming goods
McGraw purchased an antique rocking chair from Tillis by check. The check was dishonored by the bank due to insufficient funds. In the meantime, McGraw sold the rocking chair to Rio who had no knowledge that McGraw's check had been dishonored. Which of the following is correct?
tillis may recover money damages from mcgraw
Yancie took her bike in to Pete's Bike Sales and Repair to have it repaired. Pete said he would need to have her leave it for two days. The next day, one of Pete's employees sold Yancie's bike to Jake. Jake paid for the bike with a credit card, unaware that Pete did not own the bike. Which of the following is correct?
Jake has title to the bike.
Under the UCC Sales Article, the implied warranty of merchantability
May be disclaimed by a seller's oral statement that mentions merchantability
To establish a cause of action based on strict liability in tort for personal injuries that result from the use of a defective product, one of the elements the injured party must prove is that the seller
Sold the product in a defective condition.
Under the Sales Article of the UCC, unless a contract provides otherwise, before title to goods can pass from a seller to a buyer, the goods must be
Identified to the contract.
Under the Sales Article of the UCC, in an FOB place of shipment contract, the risk of loss passes to the buyer when the goods
Are delivered to the carrier.
On May 2, Lace Corp., an appliance wholesaler, offered to sell appliances worth $3,000 to Parco, Inc., a household appliances retailer. The offer was signed by Lace's president, and provided that it would not be withdrawn before June 1. It also included the shipping terms: "FOB Parco's warehouse." On May 29, Parco mailed an acceptance of Lace's offer. Lace received the acceptance June 2.

If Lace inadvertently ships the wrong appliances to Parco and Parco rejects them two days after receipt, title to the goods will
Revert to Lace when they are rejected by Parco.
Under the Sales Article of the UCC and the United Nations Convention for the International Sale of Goods (CISG), absent specific terms in an international sales shipment contract, when will risk of loss pass to the buyer?
When the goods are delivered to the first carrier for transmission to the buyer.
Which of the following statements applies to a sale on approval under the UCC Sales Article?
Risk of loss for the goods passes to the buyer when the goods are accepted after the trial period.
Under the Sales Article of UCC, which of the following events will result in the risk of loss passing from a merchant seller to a buyer?

-Tenders of the goods at the seller's place of business
-Use of the seller's truck to deliver of goods
4) No No
Cey Corp. entered into a contract to sell parts to Deck, Ltd. The contract provided that the goods would be shipped "FOB Cey's warehouse." Cey shipped parts different from those specified in the contract. Deck rejected the parts. A few hours after Deck informed Cey that the parts were rejected, they were destroyed by fire in Deck's warehouse. Cey believed that the parts were conforming to the contract. Which of the following statements is correct?
If the parts were nonconforming, Cey will bear the risk of loss, even though the contract was a shipment contract.
Under the Sales Article of the UCC, which of the following factors is most important in determining who bears the risk of loss in a sale of goods contract?
The contract's shipping terms.
Bond purchased a painting from Wool, who is not in the business of selling art. Wool tendered delivery of the painting after receiving payment in full from Bond. Bond informed Wool that Bond would be unable to take possession of the painting until later that day. Thieves stole the painting before Bond returned. The risk of loss
Passed to Bond at Wool's tender of delivery.
Under the Sales Article of the UCC, which of the following statements regarding liquidated damages is(are) correct?

I. The injured party may collect any amount of liquidated damages provided for in the contract.
II. The seller may retain a deposit of up to $500 when a buyer defaults even if there is no liquidated damages provision in the contract.
II only
Under the Sales Article of the UCC, which of the following rights is(are) available to a seller when a buyer materially breaches a sales contract?

-Right to cancel the contract
-Right to recover damages
Yes Yes
Under the Sales Article of the UCC, the remedies available to a seller when a buyer breaches a contract for the sale of goods may include

-The right to resell goods identified to the contract
-The right to stop a carrier from delivering the goods
Yes Yes
Lazur Corp. entered into a contract with Baker Suppliers, Inc. to purchase a used word processor from Baker. Lazur is engaged in the business of selling new and used word processors to the general public. The contract required Baker to ship the goods to Lazur by common carrier pursuant to the following provision in the contract: "FOB Baker Suppliers, Inc. loading dock." Baker also represented in the contract that the word processor had been used for only ten hours by its previous owner. The contract included the provision that the word processor was being sold "as is" and this provision was in a larger and different type style than the remainder of the contract.

Assume that Lazur refused to accept the word processor even though it was in all respects conforming to the contract and that the contract is otherwise silent. Under the UCC Sales Article,
Baker may resell the word processor to another buyer.
On February 15, Mazur Corp. contracted to sell 1,000 bushels of wheat to Good Bread, Inc. at $6.00 per bushel with delivery to be made on June 23. On June 1, Good advised Mazur that it would not accept or pay for the wheat. On June 2, Mazur sold the wheat to another customer at the market price of $5.00 per bushel. Mazur had advised Good that it intended to resell the wheat. Which of the following statements is correct?
Mazur can successfully sue Good for the difference between the resale price and the contract price.
Pickens agreed to sell Crocket 100 cases of napkins with the name of Crocket's restaurant on the napkins. In the enforceable contract, it was specified that delivery will take place on April 15, 2010, which is one month after Pickens and Crocket signed the contract. Crocket wanted the napkins by April 15 because the grand opening of the restaurant was scheduled for April 17. On April 11, Pickens tells Crocket that he has too many orders and will not be able to deliver the napkins. What options does Crocket have?

I. Treat it as a present breach of contract and cancel the contract.
II. Wait for a reasonable time to see if Pickens will deliver.
Either I or II.
Under the Sales Article of the UCC, which of the following rights is(are) available to the buyer when a seller commits an anticipatory breach of contract?

-Demand assurance of performance
-Cancel the contract
-Colleget punitive damages
Yes Yes No
Larch Corp. manufactured and sold Oak a stove. The sale documents included a disclaimer of warranty for personal injury. The stove was defective. It exploded causing serious injuries to Oak's spouse. Larch was notified one week after the explosion. Under the UCC Sales Article, which of the following statements concerning Larch's liability for personal injury to Oak's spouse would be correct?
Larch will be liable because liability for personal injury cannot be disclaimed.
Under the Sales Article of the UCC, which of the following events will release the buyer from all its obligations under a sales contract?
Refusal of the seller to give written assurance of performance when reasonably demanded by the buyer.
under the ucc sales article, a plaintiff who proves fraud in the formation of a contract may
be entitled to rescind the contract & sue for damages resulting from the fraud
Sklar, CPA, purchased two computers from Wiz Corp. Sklar discovered material defects in the computers 10 months after taking delivery. Sklar commenced an action for breach of warranty against Wiz 3 years later. Wiz has raised the statute of limitations as a defense. The original contract between Wiz and Sklar contained a conspicuous clause providing that the statute of limitations for breach of warranty actions would be limited to 18 months. Under the circumstances, Sklar will
lose bc the clause providing that the statue of limitations would be limited to 18 mths is enforceable
correct
-when the accident happened, the risk of loss belonged to angler
-classic is required to return the peaches at angler's expense per angler's instructions
-the uniform commercial code applies to the contract btw angler & regal
-regal's correspondence to angler, dated oct. 29, satisfies the appropriate statute of frauds
-assuming that all of the original facts are the same except that the contract was for $450, then angler may hold regal in breach of contract
-assume that all of the original facts are the same except that regal never sent angler the correspondence & angler shipped to regal 800lbs of the hamburger.......
...
the contract btw grand & axle was a shipment contract
...
the risk of loss for the 100 cabinets remained w/grand
...
the contract btw grand & axle was voidable bc grand shipped only 85 custom cabinets
...
grand's shipment of the standard cabinets was a breach of the contract w/axle
...
axle is entitled to specific performance from grand bc of the unique nature of the goods
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