Law Quiz 2

summary judgement

a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law

Which of the following torts are not concerned with interference with property rights?

A) invasion of privacy
B) private nuisance
C) trespass to land
D) Conversion

A) invasion of privacy

Respondeat superior

Employer is liable for the actions of its employees performed during the course of their employment

True or False: A duty of due care may arise only if a contract or statute creates such a duty

False. a special relationship may create a duty of care

True or False: Without a duty, there can be no breach

True

True or False: Res ipsa loquitur means the thing speaks for itself and is related to causation

True

True or False: Negligence per se occurs when a plaintiff contributed to his or her own injury

False. someone else’s

The elements of a negligence claim include:

a) duty of due care
b) breach of the duty of due care
c) causation (actual and proximate)
d) injury to plaintiff
e) all of the above

e) all of the above

The reasonable person test focuses on:
a) defendant’s behavior
b) defendant’s intent

a) defendant’s behavior

What does the causation element require proof of?

actual cause (the “but for” test) and proximate cause

A property owner or tenant must exercise reasonable care for the safety of their:

invitees

Patent

Engine design, business methods

Trademark

Logo, trade name

Copyright

Sales materials, artwork

A contract requires

Offer, Acceptance, Consideration

Contracts in Writing

MY LEGS
Marriage (promise to marry: prenuptial agreement)
Year (cannot be completed within a year)

Land (real estate)
Executor (administrator of an estate)
Goods ($500 or more)
Suretyship (guarantee the debt of another)

Objective theory

courts use objective theory of contract

would a reasonable person judge the offeror’s words and acts in the context of the circumstances to signify intent to contract?

Sales puffery is

NOT AN OFFER

True or False: Courts apply the subjective theory of contracts when determining whether intent to contract existed

False - objective

True or False: The UCC often creates contractual liability where no contract would result under common law

True

True or False: Sales puffery may be deemed to be a valid offer

False

Which is not an invitation to negotiate:
a) Advertisement of sale
b) Offer of Reward
c) Auction

b) Offer of Reward

True or False: You may copyright an idea

False

True or False: Copyright protection requires registration with the US Copyright Office

False

True or False: The US Patent Act requires registration of a patent to obtain protection for the intellectual property

True

True or False: The Lanham Act protects trademarks

True

True or False: Trademark dilution refers to the overuse of a trademark on products or services

False

True or False: An employee who works at a software company creates a new software program has made a work-for-hire

True

True or False: The fair use defense is an absolute defense to an infringement claim

False

True or False: Every promise is legally enforeable

False

True or False: The main element of a contract is fairness

False

True or False: In a bilateral contract, two parties make promises to one another

True

True or False: The UCC is statutory law in every state

True

True or False: The UCC applies to the sale of goods and services

False - UCC applies only to the sale of goods

A void contract refers to an agreement that is

without legal effect because prohibited by law

Are the following non-contract obligations:
a) Quasi-contract theory
b) Promissory estoppel
c) Quantum meruit

Yes, they are NOT contracts

True or False: Silence may never indicate acceptance

False

True or False: Offeror may specify manner of acceptance

True

True or False: Only material variances between an offer and an alleged acceptance result in an implied rejection of the offer

True

True or False: UCC 2-207 does not allow contract formation if there is some variance between terms of offer and terms of the acceptance

False

The effect of offer plus acceptance is:
a) negligible
b) an agreement
c) the mirror image rule
d) None of the above

b) an agreement

True or False: Consideration is legal value bargained for and given in exchange for an act or a promise

True

True or False: Courts always examine the adequacy of consideration

False

A person who agrees to obey the law has provided ________ consideration.
a) no consideration (a preexisting duty)
b) adequate consideration that is binding and enforceable

a) no consideration (a preexisting duty)

To be valid under the UCC, an agreement to modify a contract for the sale of goods:
a) does not need new consideration
b) requires new consideration

a) does not need new consideration

Contributory negligence

occurs when a plaintiff contributes to his or her own injury

trademark dilution

diminishment of capacity of plaintiff’s marks to identify and distinguish plaintiff’s goods or services