Law Questions

Warranty of Merchantability applies but use a lower standard of "fit for ordinary purpose"Actual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

Unless otherwise agreed, seller agrees goods will be delivered free of any third party claim of infringement- copyright, patent, trademarkExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

Trade secrets are primarily regulated at the State level, and are subject to the laws of unfair competitionAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

Creations of the mind that the law protects against unauthorizeduse by othersActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

A Civil Wrong that results from Intentional ConductAssaultBatteryCrimeIntentional TortsTort

Isotoner manufacturers gloves and 100% stands by the quality of their products. If a consumer purchases gloves that are defective, Isotoner will replace the defective pair with a new pair, no questions asked. All the consumer needs to do is pay a $5 shipping fee. This type of warranty is a full warranty.- True- False

A partnership that limits partners' risk of losing their personal assets to only their own acts and omissions and to the acts and omissions of people under their supervision.C CorporationCorporationLimited Liability Company (LLC)Limited Liability Partnership LLPS Corporation

multiple defendants held liable to pay the entire judgment amountJoint & Several liabilityProduct LiabilityStrict LiabilityStrict Tort Liability

Plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendantAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

Any warranty that does not provide complete protection of a full warranty.Express WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

Employer's statement made as a character reference for a current or former employee- Absolute privilege- Qualified privilege- Unprivileged Defamation Claim

False statements made about a business or product- Berne Convention- Intentional Infliction of Emotional Distress- Product Disparagement aka Commercial Disparagement- Shopkeeper's Privilege- Work for Hire- Wrongful Interference with Contracts AKA Tortious Interference with Contracts

witness testimony in court/deposition; lawmakers; media have a qualified privilege- Absolute privilege- Qualified privilege- Unprivileged Defamation Claim

One's reputation suffered harm because of the false statementFalse Defamation ClaimInjurious Defamation ClaimPublished Defamation Claim

reporter knew statement was untrue or had reckless disregard for the truth and doesn't verify before publishingActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

the harm suffered could have been expected due to consequences of the negligent actActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

injury to me, injury to third partypersons, property loss, economic loss, etc... multipleconsequences and harm causedActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

Must be a statement that is not true communicated as fact; opinions don't countFalse Defamation ClaimInjurious Defamation ClaimPublished Defamation Claim

A sports participant has no claim against another sports participant for an injury sustained during play, unless the co-participant intentionally or recklessly injured the otherAssumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

obligation of seller to fix or replace the defective product within a reasonable time without cost to the buyerExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title