QUESTION 16

Which of the following involves a third-party substitution?

1. A.Novation
2. B.Accord and satisfaction
3. C.Substitute agreement
4. D.Rescission

QUESTION 17

Which of the following is a type of patent?

1. A.Utility
2. B.Service
3. C.Trade secret
4. D.Idea

3 points

QUESTION 18

The color or shape of an item, if distinctive, is

1. A.a copyright.
2. B.a patent.
3. C.trade dress.
4. D.a trademark.

QUESTION 19

Written defamation is known as __________.

1. A.literary assault
2. B.literary battery
3. C.slander
4. D.libel

QUESTION 20

Larry has booked a hotel room for a conference at a rate of $100 per day for five days. When he arrives to check in, Larry is told that the hotel was overbooked and it cannot supply him with a room. Larry is forced to go to the only hotel in town with available rooms and pay $150 per night. If Larry sues the original hotel for damages and wins

1. A.he will be entitled to consequential damages in the amount of $250.
2. B.he will not be entitled to any damages because the additional costs were not foreseeable.
3. C.he will be entitled to liquidated damages in the amount of $250.
4. D.he will be entitled to compensatory damages in the amount of $250.

QUESTION 21

A trademark can be any of the following except a

1. A.phrase
2. B.symbol
3. C.word.
4. D.formula

QUESTION 22

When one party fails to perform his or her duties under a contract, that party is said to be in

1. A.Repudiation
2. B.Error
3. C.Breach
4. D.Substantial Performance

QUESTION 23

To trigger protection under workers' compensation laws, the injury must meet two (2) main criteria: __________ and __________.

1. A.the injury was accidental; the injury occurred within the course of employment
2. B.the employer intended to harm the employee; the injury occurred within the course of employment
3. C.the employee's injury resulted from the employer's negligence; the injury occurred within the course of employment
4. D.the employer intended to harm the employee; the employee's injury resulted from the employer's negligence

QUESTION 24

While criminal statutes are intended to punish and deter the wrongdoer, the common law of torts is primarily intended to provide __________ for the victim.

1. A.compensation
2. B.jail time
3. C.nothing
4. D.privilege

QUESTION 25

Trade secrets are protectable

1. A.for 9 years.
2. B.for 17 years.
3. C.for as long as the company desires
4. D.for 23 years.

QUESTION 26

Which of the following is true regarding specific performance?

1. A.One of the most common circumstances in which it is awarded is in real estate contracts.
2. B.It is available as a remedy even when an award money damages would adequately compensate the non-breaching party.
3. C.It is commonly available in a sale of goods case.
4. D.It is available as a remedy only when the subject matter of the contract is quite common.

QUESTION 27

What are the two (2) primary defenses to claims of negligence?

1. A.Immunity and comparative negligence
2. B.Comparative negligence and assumption of the risk
3. C.Contributory negligence and libel
4. D.Immunity and contributory negligence

QUESTION 28

If contracting parties perform their obligations completely, this is known as __________.

1. A.detrimental reliance
2. B.equitable estoppel
3. C.substantial performance
4. D.perfect performance