Question
Q1: Medico Inc. develops a COVID-19 vaccine.Before it's distributed, the US Food and Drug Administration conducts a rigorous premarket approval process, and patients need to
Q1: Medico Inc. develops a COVID-19 vaccine.Before it's distributed, the US Food and Drug Administration conducts a rigorous premarket approval process, and patients need to sign a form before getting vaccinated.When the vaccine is distributed, thousands of people become sick from it and sue Medico Inc.Medico will probably be found
lIable due to privity of contract
liable due to assumption of risk
not liable due to preemption
not liable due to commonly known dangers
Q2: Chen sells hot sauce under the name "Blue Swan."This trademark is
suggestive
descriptive
fanciful
arbitrary
Q3: Roxanne is a celebrity. Without her permission, Brave New World, Inc., includes in an advertisement an unflattering drawing that looks like Roxanne but is not her actual photo. This is most likely
no tort.
appropriation.
actual malice.
defamation.
Q4: Each of the following would be considered trade dress and protected by law except
the dragon decorations used at Samurai, a national restaurant chain
the brown uniforms and trucks at UPS.
the costume worn at sporting events by UO mascot Puddles the Duck.
the plain white linen table cloths at the Four Seasons Restaurant in New York City.
Q5: Kanye is interested in buying Taylor's Mercedes.Taylor says, "I won't sell it for less than $40,000."Taylor has made an offer.
False
True
Q6: Laura leaves her five-year-old daughter Tris alone in a hot tub while she gets a beer from the refrigerator.Tris sticks her finger in a jet of the tub, it gets stuck, and she breaks her finger.Upon investigation, the tub had a faulty jet design, and such an injury should have been foreseeable by the manufacturer.Laura will probably recover 100% of damages from the manufacturer.
False
True
Q7: Jake's Jelly Company offers to buy a laser printer, with a case of paper and an extra cartridge, from Dunder Office Products, Inc. (DOPI), for $400. Stanley, DOPI's representative, says, "Okay, but no paper and no extra cartridge." Stanley has
accepted the offer and made a condition.
expressed an opinion.
made an invitation to negotiate.
rejected the offer and made a counteroffer.
Q8: Theideafor "Roadrage," an ipad game featuring racing cars, is protected by
no law.
copyright law.
trade secrets law.
trademark law.
Q9: The three-note chime of NBC is protected by
no law
copyright
trademark
Q10: Over the phone, Juan offers to sell his road bike to Nigel for $2,000, and Nigel accepts.They agree to meet on Friday to exchange the bike for the money.On Thursday, Juan changes his mind and refuses to sell.If Nigel were to take Juan to court, the court would hold that the contract is
valid and unenforceable
invalid and voidable
valid and enforceable
invalid and unenforceable
trade secret
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