Question 11 (2 points) In addition to demonstrating actual emotional distress, if a third party wants to recover for negligent infliction of emotional distress, the plaintiff must primarily show that: I: :y the defendant was negligent and that the accident could have been avoided. If: :1 the third party is at least distantly related to the victim. I: :y the third party actually witnessed the injury when it occurred. If: :1 the defendant did not try to stop the accident. Question 12 (2 points) Which of the following statements is true for both contributory negligence and assumption of the risk? \"3 They are defenses adopted to ease the harshness of the comparative negligence I system. I: ') They are recent defenses to recklessness but not negligence. ,5\" a} They are based on the idea that everyone has a duty to exercise reasonable care I for his or her own safety. \"2' They are based on the idea that the plaintiff may recover if the defendant had U the last opportunity to avoid harm. Currently, the Unites States awards patent privileges based on a ___ system. O first-to-contemplate O first-to-use first-to-file O first-to-inventIn recent years, there has been a great deal of concern about companies, called patent _____, who purchase patent rights without the intent of directly using them. Instead, these patent-holding firms demand licensing fees from companies who knowingly or unknowingly infringe upon their patent rights. :' )1 trolls :' )1 hawks :: )1 squatters :: \")1 confiscators The fair use defense against copyright infringement applies: \"n if the use diminishes the value or enhances the marketability of the original I work. 5' \"j if there are substantial differences between the copyrighted work and the I derivative work. 1' i) only to creative works and not informational works. i: a} to commercial uses, which will be termed presumptively fair. Which of the following statements is true about the Uniform Commercial Code (UCC)? 5' \"II The main purpose of the UCC was to enable private parties to enter into commercial transactions regulated by tariffs and government restrictions. 5' \"'3' The most obvious purpose of the UCC was to establish a uniform law to govern commercial transactions that often take place within the state. i: :11 The drafters were successful in achieving complete uniformity. 5' \"II The UCC is adopted by all states except Louisiana, which has adopted only part U of the code. Article 2 of the UCC applies to which of the following contracts? 1' a} a contract for the sale of real estate 1: a} a contract for the sale of appliances 1' a) a contract for the sale of stocks 1: a} a contract for the sale of information \fThe Uniform Commercial Code (UCC) changes the common law rule by saying that a timely expression of acceptance creates a contract even if it includes terms that are different from those stated in the offer or states additional terms on points the offer did not address. This controversial rule is known as the if :11 "Battle of the Formsll i: ,3' "Mirror Image" Rule 1: )1 Doctrine of Substantial Performance 1: :11 Last Clear Chance Doctrine Jane tells Mark that she would pay him $50 if Mark finds her lost bag. This is an example of a _____ . i: :) bilateral contract i: :) unilateral contract i: j contingent contract i: :} multilateral contract An acceptance is effective as soon as it is dispatched if the offeree uses: It Ii ) only an authorized means of communication. , I: a} only a stipulated means of communication. , .f A) an authorized or a stipulated means of communication. If I: a} any reasonable means of communication