word that has lost its trademark due

Each of the following is a word that has lost its trademark due to generic use except:

a. yo-yo.
b. xerox.
c. nylon.
d. mimeograph.
e. cornflakes.
47) Which of the following is true about the Paris Convention of 18837
It protects copyrights only.
It protects patents and trademarks only.
It protects trademarks only.
It protects copyrights and trademarks only.
It protects patents only.

Need Help Writing an Essay?

Tell us about your assignment and we will find the best writer for your paper.

Write My Essay For Me

48) Kantian ethics is also known as:
ethical relativism.
social contract theory of mortality.
utilitarian ethics.
duty ethics.
fundamental ism.
In Pizza Hut, Inc. v. Papa John’s International, Inc., which Pizza Hut sued Papa John’s claiming that Papa John’s slogan “Better Ingredients. Better Pizza” was false advertising, what was the Court’s ruling?
Papa John’s had violated the False Advertising Act.
The slogan was a statement of opinion, not a statement of fact upon which consumers would be justified in relying.
The slogan was an example of “puffery” that is not actionable under the Act.
Papa John’s had violated the Lanham Act.
Both band c.
50) The categorical imperative is an integral part of:
moral minimum theory.
Locke and Rousseau’s theory of social contract.
Kant’s duty ethics.
maximizing profit theory.
Rawl’ theory of social justice.
The theory of business social responsibility that holds that a business has a duty to generally do good for society is:
moral maximum.
corporate citizenship.
moral minimum.
stakeholder interest.
maximizing profits.
Mary finds a wallet in the library that is filled with case. She would like to keep the money but decides to turn it in to the lost-and-found office because if it were her wallet, she would like the person who found it to do the same. Mary reached her decision in accordance with:
Rawl’s social justice theory.
the categorical imperative.
Kantian ethics.
utilitarianism.
moral maximum.
Which of the following is not needed in all cases in order to have a valid contract?
A signed written document.
An agreement.
A legal object.
Consideration.
Contractual capacity.
How has the government role in contract regulation changed since the founding of the United States?
There is less federal, but more state involvement today than in the past.
There is less state and federal government involvement today than in the past.
There is greater state and federal government involvement today than in the past.
There is less state, but more federal involvement today than in the past.
There is approximately the same degree of state and federal government involvement today as in the past.
55) Which of the following are two terms for the same concept or situation?
Implied-in-fact contract and quasi-contract.
Implied-in-Iaw contract and quasi-contract.
Unilateral contract and informal contract.
Formal contract and implied-in-Iaw contract.
Implied-in-Iaw contract and implied-in-fact contract.
The United Nations Convention on Contracts for the International Sale of Goods provides rules that govern:
the enforcement of contracts.
the formation of contracts.
the performance of contracts.
all of the above.
none of the above.
57) Which of the following is not a formal contract?
Negotiable instrument.
Recognizance.
Contract under seal.
Letter of credit.
New car purchase contract.
58) A contract can be formed:
as a result of preliminary negotiations.
by an offer made in jest.
resulting from an expression of opinion.
by an offer made in anger.
in none of the above situations.
59) What is necessary in order for an offer to be effectively communicated?
The offeree must learn of the offer, but this knowledge can come from any source.
The offeror must communicate the offer to at least one offeree, at which point the offer will be considered to be communicated to anyone who later learns of the offer by any means.
The offer must be communicated by either the offeror or the offeror’s agent to the offeree.
The offeror must personally communicate the offer to the offeree.
So long as the offer is in writing, any party who learns of the offer’s terms can accept it.
The requirement that the terms of the acceptance be the exact same as those of the offer is the:
promissory estoppel doctrine.
mirror image rule.
identical terms rule.
counteroffer equals rejection rule.
doctrine against offer modifications.
61) Which of the following is true regarding acceptance of an offer?
Generally, an offeree must accept an offer by an authorized means of communication.
The common law recognizes certain implied means of communication.
The offer can stipulate that acceptance must be by a specified means of communication (e.g., registered mail).
Most offers do not expressly specify the means of communication required for acceptance.
All the above.
Charlie is a contractor contacted by Hilda to discuss repairing termite damage to Hilda’s home. The damage is so extensive that Charlie doubts the home can be saved. Hilda begs Charlie to try to repair the home. Charlie tells Hilda that he will do the best he can but cannot promise that the he will
be successful. He will charge Hilda $60 per hour whether or not he succeeds. Hilda agrees to these terms. Which of the following is true in this situation?
If Charlie encounters unforeseen difficulties Hilda will not be obligated to pay him.
The doctrine of promissory estoppel will allow Hilda to recover from Charlie if he fails to repair the damage.
This is a requirements contract because it states what each party is required to do.
This is an illusory promise because Charlie is not obligated to repair the damage.
This is a best efforts contract properly supported by consideration on both sides.
When after reaching the age of majority a minor legally indicates that the minor intends to be bound by the terms of a contract entered into as a minor, the action is known as:
ratification.
restoration.
reinstitution.
reaffirmation.
restitution.
What is the effect on contract obligations of a person who is insane much of the time but who also has periodic lucid intervals of sanity?
In order to avoid a contract, this person must not be in a lucid interval when making the decision to avoid a contract.
All contracts entered into by such a person are void regardless of when they were entered into.
Contracts entered into during a lucid interval cannot be avoided.
All contracts entered into by this person will be voidable regardless of when they were entered into.
A person who has lucid intervals can avoid contracts only after being adjudicated insane.
In order for someone to avoid a contract on the grounds of intoxication, the level of intoxication must have been:
so great that he didn’t comprehend the nature of the agreement he was entering into.
only high enough that he was able to notice it.
so great that no reasonable person would have comprehended the nature of the agreement entered into.
at or above the legal limit to operate a motor vehicle.
at least as high as that of the other party.
66) What is an exculpatory clause in a contract?
A clause that prevents one party from competing with the other party for a set period of time.
A clause that releases a party from liability for that party’s negligence.
A clause that sets the penalties for a breach of the contract.
A clause that negates a minor’s ability to disaffirm a contract.
A clause that says that an innocent party is entitled to extra damages to punish a breaching party.
67) What is an unconscionable contract?
A contract where a strong party to a contract misused its power to create unfair contract terms.
Any contract involving a minor or intoxicated person.
A contract that was entered into with both parties being fully aware of its illegality.
Any contract that is contrary to public policy.
Any contract where the terms greatly favor one party.
In Wells Fargo Credit Corporation v. Martin, what was the result when a paralegal misread her instructions and bid lower on some foreclosed property than she was supposed to bid, and someone else bought the property at auction?
The paralegal was allowed to bid again for her company.
The paralegal was allowed to take title to the land only if she matched the bid of the highest bidder.
The paralegal was allowed to bid again only because she presented proof by a disinterested witness of her unilateral mistake.
The auction was voided and conducted again because of the unilateral mis take of the paralegal.
The person who made the highest bid, not the paralegal, was allowed to keep the land.
What is the significance of requiring that a misrepresentation relate to a “material fact” in connection with a fraud in the inducement case?
The misstatement must have been a significant factor in the plaintiff’s decision to enter into the contract, and cannot relate to an opinion or prediction.
The misstatement must not involve an issue of law.
The misstatement can relate to any fact before or after the contract was formed.
The misstatement must have been a correct statement at some point in the past.
The misstatement must relate to the substance that the item is made of.
70) Which of the following best describes duress?
A situation where one party has lied to the other to lead them to enter into a contract.
A situation where a trust relationship has been violated in forming a contract.
A situation where, after the contract was negotiated, circumstances have changed so that one of the parties is in a desperate circumstance and cannot reasonably perform.
A situation where a party has improperly given the other party no alternative but to enter into a contract.
A situation in which fraud has been committed by a third party to the contract.
71) What does” incorporation by reference” do in the context of contract law?
Nothing as far as the Statute of Frauds is concerned because incorporation cannot be used to satisfy the Statute of Frauds.
It has no legal significance.
It makes separate writi ngs part of a contract’s terms.
It makes the Statute of Frauds inapplicable to the contract.
It identifies the parties to a contract.
Jack and Jill were discussing business over lunch when they agreed on the sale of some goods. Because neither of them had any paper with them, Jack wrote the following on a napkin: “Jill agrees to purchase from Jack, 1,000 widgets to be delivered on July 1, 2001, at a cost of $10,000, payable on
delivery.” Jill signed the napkin, although Jack did not sign it. Jack delivered the widgets per the contract, but Jill refuses to pay for them. If Jack sues Jill for the price of the goods, the most likely resu It is:
Jack will win because the writing is sufficient under the Statute of Frauds.
Jack will win because the Statute of Frauds does not apply to this situation.
Jill will win because Jack did not sign the contract.
Jill will win because there was no reasonable basis for her to believe there as an enforceable contract.
Jill will win because this writing is not sufficient under the Statute of Frauds.
When the government enters into a contract on behalf of a taxpayer, the taxpayer is usually what kind of beneficiary?
a. Incidental.
b. Creditor.
c. Donee.
d. Conditional
e. Covenanted.
What is the significance of a contract clause stating that “time is of the essence?”
It means that performance by the stated time is an express condition.
It means that the contract is ineffective if the time for performance is not expressly stated.
It puts a duty on the parties to a contract to perform as soon as possible.
It creates a legal goal for the parties.
It means that if performance of the contract is completed within a short time of the stated time, it will be considered performed at essentially the proper time.
John entered into a contract with Barb to restore Barb’s antique Ford for $9,000. Because John owes his younger brother a large sum of money, John assigned, prior to notifying Barb of the assignment, his right to receive payment to his brother. John began the restoration, but quickly stopped working
on the car. Because of this, Barb retrieved the car from John. Almost no restoration work had been performed. Which of the following is true in this situation?
John’s assignment of his right to payment without Barb’s consent was improper and discharged John’s duties under the contract.
John’s brother does not have a right to collect the $9,000 from Barb.
Because of the assignment, John’s brother was responsible for John’s performance.
As a resu It of the assign ment, Joh n ‘s brother is entitled to payment despite the fact that John did not perform the restoration.
Barb is obligated to allow John’s brother to complete the restoration if he so desires.
Jana finds a home priced at $180,000 that she would like to buy. She is concerned, however, about her ability to get a loan. Accordingly, she and the seller reach agreement that Jana will buy the home if she can get a loan for $180,000 within 45 days. What type of condition is this agreement?
An express condition.
A concurrent condition.
A condition precedent.
a and c.
a, b, and c.
When an employee breaches a fixed-term employment contract by quitting before the end of the term, what can the employer recover as damages?
All amounts already paid to the employee under the contract.
Nothing, because courts do not order anyone to perform a job against his or her will.
Only specific performance.
Only amounts paid to the employee for which the employee has not yet done the work.
The costs of hiring a replacement employee plus any increase in salary paid to the replacement employee.
The doctrine that places a duty on a non-breaching party to take reasonable steps to reduce damages is called:
garn ish ment.
mitigation.
liquidation.
avoidance.
reciprocal duties.
Alice has a contract with a surgeon to have a medical procedure performed on July 17. The surgeon notifies Alice on July 5 that he is in the Bahamas and will be there until the end of August and will not be able to do the surgery. Which of the following is true at this point?
Alice must give the surgeon 90 days in which to schedule the surgery after July 17.
There will be no breach until July 17.
If Alice contracts with another surgeon prior to July 17, and this second surgeon is aware of Alice’s original contract, the second surgeon has no obligation to perform.
Alice must wait until July 17, and if the surgeon does not perform the procedure, then Alice can contract with another surgeon.
Alice is free to contract with another surgeon.
A construction contractor entered into a contract to build a family room addition onto Harry’s home for $25,000. In order to encourage timely performance, the agreement provided that the contractor wou Id be penal ized $5,000 as liquidated damages for each day that the project was late in getting finished. The contractor was 30 days late in finishing the project, but otherwise met the terms of the agreement. What is most likely in this situation?
The liquidated damages clause would not be enforced due to its being excessive.
The liquidated damages clause would not be enforced because the parties made a mutual mistake about when the contract would be finished.
The liquidated damages clause would be enforced only if it can be shown that the contractor has made that much in profits over the past six months.
The liquidated damages clause would be enforced.
The liquidated damages clause would be limited to $25,000, the amount of the contract price.
The highest price paid to date for the purchase of a domain name has been to purchase:
www.wine.com.
www.wallstreet.com.
www.sex.com.
www.rockandroll.com.
www.drugs.com.
Under the Uniform Computer Information Transactions Act, what is the effect of putting additional terms into an acceptance delivered through an electronic agent?
The acceptance is treated as a counteroffer.
The additional terms are ignored and a contract is formed based on the original terms.
The acceptance is treated as a rejection.
The acceptance is treated is if it never occurred, leaving the original offer open.
The additional terms become part of the agreement unless objected to within 10 days.
83) Licensing of informational rights can usually best be described as:
granting any rights to use the information, which can differ greatly in scope and duration.
the right to temporarily use the domain name of another.
granting limited rights to use that cannot be simultaneously granted to others.
a lease of tangible personal property to the licensee.
a sale of the underlying intellectual property rights.
Under the Uniform Computer Information Transactions Act, how long does a party have in which to commence a cause of action?
Two years after the breach was or should have been discovered, but not more than five years after the breach actually occurred.
One year after the breach actually occurred only.
One year after the breach was or should have been discovered, but not more than five years after the breach actually occurred.
Two years after the breach was or should have been discovered, but not more than three years after the breach actually occurred.
One year after the breach was or should have been discovered, but not more than four years after the breach actually occurred.
The parol evidence rule would not allow which of the following items into evidence when interpreting a written contract?
Evidence based on prior conduct in similar contracts between the parties to explain the meaning of an ambiguous term in the contract.
Evidence of an oral statement regarding the contract price made when the written contract was signed that was different from the price in the written contract.
Evidence of the meaning of a term in the parties’ line of business that differs from the meaning of that term in everyday language.
Evidence of a price change agreed upon after the contract was signed.
All the above would be allowed into evidence under the parol evidence rule.