130.Intellectual property is an intangible property that is the product of mental activity. The four most recognized forms of intellectual property are, except? A. Trademarks B. Copyright C. Patent and industrial designs D. Goodwill 131.Ray Plastic Ltd. manufactured a successful tool a combined snow brush, ice scraper, and squeegee, and it is called Snow Trooper.. It was black and yellow, and its appearance is uncommon. The company supplied this tool to number of large retailers including Canadian Tire, and it was very successful. Canadian Tire, a substantial customer, suggested to another supplier, Dustbane Products Ltd., to consider producing and supplying similar type of tool. Dustbane produced a virtual clone of the "Snow Trooper". Ray Plastic Ltd sued Dustbane Products Ltd. on the ground of passing off. This case is a classic example of? A. Trademarks. B. Patent. C. Industrial designs. D. Copyright. 132.Purolator undertook to deliver a tender document from Cathcarts office to the office of Ontario Hydro. The bill of lading contained a clause stating that Purolator would not be liable for any special, consequential, or other damages for any reason including delay in delivery. The tender document was never delivered to Ontario Hydro. Cathcart sued Purolator for lost profit. But Purolator counter claimed that the clause exempted them from liability. Does the exemption clause apply to the facts? A. Yes, because Cathcart signed the bill of lading, therefore, acceding to the exemption clause. B. Yes, because the clause is unconscionable, therefore, enforceable. C. No, the clause on its true construction covered only damages rising from delay and not from complete failure of delivery. D. No, because the clause is unconscionable, therefore, unenforceable. 133.Statement 1: All lands are originally vested in the government referred to as Crown. Statement 2: A life estate is an estate in land that lasts for the life of one person and usually for the life of the person who holds the estate, but not necessarily. Statement 3: Fee simple is the longest interest a person can own in land and is as close to complete ownership as the law allows. In event the owner dies without a will or relatives, then land is transferred back to the government. A. All statements are true. B. Statements 1 & 2 are true, but statement 3 is false. C. Statements 2 & 3 are true, but statement 1 is false. D. Statements 1 & 3 are false, but statement 2 is true. 27 134.ABC Company releases chemical into the groundwater which is in violation against the environmental emission standards. A local resident who was able to drink a contaminated water acute extreme diarrhea and dies. In the context of legal liability, ABC Company is liable under the: A. Criminal and civil liability. B. Criminal, civil, and regulatory liabilities. C. Civil and regulatory liabilities. D. Regulatory and criminal liabilities 135.Theory of Natural Law. Statement 1: In the ancient societies, the religious leaders were usually the holders of power and translated their religious rules into laws, thus, law originated within religious teaching. Statement 2: Natural law does not depend on a religious teaching view. It rests on the assumption that people are rational and, by applying their inherent abilities of reason and logic to their perception of the world, will arrive at basic principles of justice. A. Both statements are true. B. Both statements are false. C. Statements 1 is true, and statement 2 is false. D. Statements 2 is true, and statement 1 is false. 136._______________ an English philosopher that said in a world with no enforced legal order, life would be nasty, brutish and short because our natural propensities are aggressive and violent. __________________ a German philosopher who asserted that the upper classes would never surrender any of their protection and privileges through persuasion or other forms of non-violent pressure and advocated a violent overthrow of the upper class by a workers revolution. ______________ a Greek philosopher who recognized two broad categories of law which he called retributive justice and distributive justice, a classification that remains generally recognized today. A. Thomas Hobbes, Karl Marx, and Aristotle. B. Thomas Hobbes, Karl Marx, and Jeremy Bentham. C. Aristotle, Roscoe Pund, and Karl Marx. D. Roscoe Pound, Jeremy Bentham, and Thomas Hobbes 137.A philosopher in 19th century who asserted that the upper classes would never surrender any of their protection and privileges through persuasion or other forms of non-violent pressure and advocated a violent overthrow of the upper class by a workers revolution. But his philosophy was proven wrong because worst abuses and inequalities were reduced or eliminated by acts of Parliament and without revolution like labor unions were made legal, separate system of labor law was developed and promoting peaceful settlement of dispute between unions and management. A. Karl Marx B. Thomas Hobbes C. Roscoe Pound D. Jeremy Bentham 28 138.Ren, a sales representative of an Electric Supply Inc made a demo for a new high-speed Autoanalyzer for Glen, the owner of a car repair service shop. The price of the Auto-analyzer was $3,500.00. Though the Auto-analyzers are useful, but the price is too expensive. Glen said to Ren that he might consider if he will lower the price to $2,500.00, but Ren refused and took the device. One week later, an Auto-analyzer arrived at the shop with a letter from Ren stating that when I reported to my manager how impressed you were with our device, the manager said it would be worth selling one ever even at a loss just to break into the market in your city. We knew what an excellent reputation you have, and it would be a good move to have our product in use in your shop. Our price is reduced to $3,000.00 only for your company. If we didnt hear from you in ten (10) days, we shall assume that you have accepted this exceptional offer and we expect payment of our invoice. Glen did not respond and simply allows the device to sit idle beyond ten (10) days. Can silence be sufficient mode of acceptance? A. Yes, because Ren had given Glen 10 days to respond. B. Yes, because the contract was formed when the device was delivered and received. C. No, because there was no history that both parties have agreed in advance that silence is sufficient mode or have habitually used this method to communicate acceptance in previous transactions. D. No, because contract was not form yet. 139.John has a lending company. In his letter mailed on September 15, he offered to sell his business to Peter for $20,000.00. The letter was received by Peter on September 20. On September 25, Peter sent his letter of acceptance in which John received on September 28. However, on September 23, John had decided to withdraw and mailed a letter to Peter revoking it. The letter was not received until September 29. Did the contract form? A. Yes, the contract was form on September 25, on the day the letter of acceptance was mailed. B. Yes, the contract was form on September 28, on the day the letter of acceptance was received. C. No, John has sent the letter of revocation to Peter. D. No, John has sent the letter of revocation to Peter and was received on September 29. 140.Methods of enforcing judgment. ________________ refer to the seizure and sell of a debtors chattel or arrange for a sale of his/her land. ________________ an order that gives the sheriff authority to levy execution. ________________ an order requiring the debtors employer to retain a portion of the debtors wages each payday and surrender the sum to the creditor. Please choose the right answer according to order. A. Levy execution, execution order, and judgment debtor. B. Levy execution, execution order, and garnishee order. C. Judgment creditor, execution order, and garnishee order. D. Garnishee order, execution order, and levy execution