1. A transfer of contractual duties to a third party is a(n):

a. enlistment

b. none of the other choices are correct

c. reassignment

d. assignment

e. termination

1. When a person suffers an injury due to deliberate deception, there may be a tort of fraud.

a. True

b. False

1. Trademarks that are inherently distinctive are classified as:

a. generic

b. descriptive

c. none of the other choices

d. aberrant and fanciful

e. suggestive

1. The owners of trademarks often know there are counterfeit goods being sold with real-looking trademarks. To obtain relief the mark owners often:

a. sue in federal court for damages and an injunction; the sales may not be stopped before the court considers the issue at trial

b. none of the other choices

c. get permission from the Trademark Office to seize the counterfeits

d. convince the Trademark Office to send its agents to seize the goods

e. get a warrant to seize the goods, which may be done by a private investigator with police help

1. Key element(s) of the tort of intentional interference with contractual relations is (are):

a. a contract between the injured party and the defendant

b. malice by the defendant must be shown

c. all of the other specific choices

d. a warranty of performance in a contract is breached

e. losses were incurred

1. Privity of contract is a contract with an express warranty.

a. True

b. False

1. Furniture, since it is movable, is an example of:

a. intangible property

b. fake property

c. none of the other choices are correct

d. real property

e. taxless property

1. An easement is:

a. a legal provision that allows a person to become a tenant for life

b. none of the other choices are correct

c. a right to enter land owned by another and make certain use of it

d. a legal document that makes it easier to determine taxes for a property

e. the ownership or right of possession of an estate

1. The person who can make all decisions with respect to a property in a trust is known as the:

a. majordomo

b. beneficiary

c. trustee

d. executive

e. leader

1. A copyright gives the copyright owner the right to perform the work in public.

a. True

b. False

1. A special warranty deed is:

a. a deed of conveyance that passes whatever interests the grantor had in the property

b. all of the other specific choices are correct

c. none of the other specific choices are correct

d. a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor

e. a deed that promises that a good, clear title to the property is being conveyed by the grantor

1. Risk-utility balancing refers to the fact that:

a. consumers will always manage to hurt themselves by improperly using products

b. manufacturers must disclose all risks to using their product before putting it on the market

c. some products are inherently dangerous and should be banned from the market

d. all products can be made completely safe if manufacturers are willing to spend enough money

e. none of the other choices are correct

1. A quitclaim deed is:

a. a deed of conveyance that passes whatever interests the grantor had in the property

b. all of the other specific choices are correct

c. a deed that promises that a good, clear title to the property is being conveyed by the grantor

d. a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor

e. none of the other specific choices are correct

1. The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:

a. caveat emptor

b. fraud-based liability

c. express warranty

d. none of the other choices

e. proximate cause

1. A robber holds up a store with a gun. The store owner shoots the robber in the leg. The robber sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability.

a. True

b. False

1. Negligence of other parties is irrelevant to the imposition of liability in ____ cases.

a. none of the other choices are correct

b. megahazardous activity

c. misrepresentation

d. limited liability

e. fraud

1. Liquidated damages:

a. need not be related to actual losses that could be suffered

b. must be less than the actual losses that could be suffered

c. are only available in some states

d. none of the other choices are correct

e. are usually much higher than the actual losses that could be suffered

1. A service mark is:

a. a symbol that can be traded between companies

b. a catchphrase

c. an illegal trademark

d. the international term for trademark

1. Which of the following is an intentional tort against property:

a. invasion of privacy

b. defamation

c. battery

d. malicious prosecution

e. none of the other choices

1. A ____ is an order by the court that requires a party to perform or to refrain from performing certain acts.

a. specific performance

b. quasi contract

c. none of the other choices are correct

d. remedy

e. restitution