Business Law Exam 2 (Ch 6, 7, 8)

The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant.

The tort of trespass to land is designed to protect the right of an owner to exclusive possession.

Failure to live up to a standard of care may be an act or an omission.

Courts apply the assumption of risk doctrine only in emergency situations.

Under the doctrine of comparative negligence, only the plaintiff’s negligence is computed and the liability for damages is distributed accordingly.

no tort
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

slander of title
In advertising circulars, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value’s sales decrease. Lo-Price has most likely committed

Fifi, a clerk at a Games n’ Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for

a reasonable person
Bette backs out of City Parking Garage, colliding with Dill’s car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as

only those whose injuries could have been reasonably forseen
Rafi, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Rafi and Speedy are liable to

Duffy was not injured
Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because

normally associated with the triathlon
Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

The doctrine of strict liability can be applied to sellers of goods, including manufacturers, but not distributors.

There is a duty to warn about risks that are obvious or commonly known.

product liability
Luke is playing a video game on a defective disk that melts in his game player, starting a fire that injures his hands. Luke files a suit against Mystic Maze, Inc., the game’s maker under the doctrine off strict liability. A significant application of this doctrine is in the area of

Roadbuilders and Sky-Hi
Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise “due care” to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

Garden Tool did not use due care with respect to the trimmer
Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on negligence. To win, Hadrian must show that

Sea & Surf, Tropical Marketing, or UV Sports
Sea & Surf Corporation makes sailboards, which are bought and distributed by Tropical Marketing Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sea & Surf board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from

advantages and disadvantages
Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design’s

the omission of a warning renders the pacemaker not reasonably safe
MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and

assumption of risk
The brakes on a train owned by Rolling Stock Railway, Inc., malfunction. The train rolls towards maintenance workers on the tracks. Everyone gets out of the way except Sid, who wants to show off. The train hits Sid, who sues Train Components, Inc., the brakes’ manufacturer. Train Components can raise the defense of

Ian’s discovery of an injury caused by the opener
Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of

A license permits the use of another’s intellectual property for certain purposes.

A patent applicant must demonstrate that an invention is “commercially feasible” to receive a patent.

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

An exception to liability for copyright infringement is made under the “fair use” doctrine.

trademark infringement
Savory Bean Company makes and sells a sweet espresso coffee beverage under the name “Sugar Sugar.” Tropic Roast, Inc., later markets a similar drink under the name “Sweet Sweet.” This is most likely

is renewable every ten years
In 2014, Cloud Computing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

a license
Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers’ trademark as part of its company advertising. This is

for the life of the author plus seventy years
In 2014, Kelly writes Like the Wind, a novel about marathoners and ultramarathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly’s work is protected

copyright law
Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by

a theft of trade secrets
Robyn, an employee at Social Media, Inc., is laid off. Before he leaves, he e-mails Social Media’s marketing campaign to Tweets & Trades Corporation, Social Media’s competitor, without permission. This is

the information is unique and has value to a competitor
Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if

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Tort law provides remedies for acts that cause personal injury but not for acts that interfere with physical security False The goal of tort law is to put a defendant in the position that he or she would have been …

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