Law Questions

a promise, express or implied, about the nature,quality, or performance of goods found in the UCCExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

statement of fact or promise of performance relating to the goods that become the basis of the buyer's bargainExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

Means a 3rd party heard or saw the statement- thru social media, tv, radio, gossip, speeches, loud conversation(Statements can be spoken, written, pictured, gestured)False Defamation ClaimInjurious Defamation ClaimPublished Defamation Claim

warranty that there are no liens or other encumbrances to goods except those noted by sellerExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

a warranty that is not expressly made by the seller but is implied by lawExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

Federal law that governs consumer product warranties. This Act requires manufacturers and sellers of consumer products to provide consumers with clear and detailed information about warranty coverage.Assumption of Riskbusiness tort lawCopyright ActLanham Act and State LawsPatent ActSports Exception DoctrineThe Magnuson-Moss Act

area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products causeJoint & Several liabilityProduct LiabilityStrict LiabilityStrict Tort Liability

unauthorized action with respect to land or personal propertyDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS

third party interferes with another's right to contract- 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

when a professional fails to provide their services in accordance with commonly accepted standardsDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS

Complete defense, members of Congress, witnesses at trial (Roger Clemens example)- Absolute privilege- Qualified privilege- Unprivileged Defamation Claim

implied warranty that title to the goods is good and transfer is properExpress WarrantyFull WarrantyImplied WarrantyImplied Warranty Against InfringementImplied Warranty of Fitness for a Particular PurposeImplied Warranty of MerchantabilityLimited WarrantyWarrantyWarranty against EncumbrancesWarranty of Title

Spoken or oral defamationDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS

Making false oral statements(Slander of title/Trade libel)

the defendant's conduct is a factual cause of the harm when the harm would not have occurred absent the conductActual MaliceBUT FOR testComparative NegligenceContributory InfringementFair UseFORESEEABILITYIntellectual PropertyMisappropriation of Trade SecretsPrior ArtProduct defectProvisional PatentSale of Used GoodsTrademark InfringementTrespass to landTrespass to personal propertyVicarious Infringement

Written defamation(Slander of title/Trade libel)

Defamatory statement is printed or broadcast over mediaDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS

An illegal act for which someone can be punished by the government; wrong against society. Focus is on punishing the defendant/wrongdoer/perpetratorAssaultBatteryCrimeIntentional TortsTort

Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact even if there is no physical harm or intentionAssaultBatteryCrimeIntentional TortsTort

Conduct that exceeds bounds of decency & produces mental anguish in the victim- 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