ETH 321T Week 4 Assignment Help

ETH 321T Week 4 Assignment Help | University of Phoenix | Assignment Help 

1.            What is the definition of fraud?

o             Domination of another person so thoroughly as to remove free will

o             Pressure exerted on a person to force him or her to perform under serious threat

o             A unilateral of bilateral misunderstanding of value or fact

o             An intentional misrepresentation of material fact

2.            Callie wants to work for an insurance firm. Before she is hired, the firm wants her to sign a non-compete agreement that she will not work for any other insurance firm in the state or any surrounding state for the next ten years. Which of the following is most likely true?

o             This agreement is illegal and punishable under usury laws.

o             This agreement is legal as long as Callie can find a job at least one year after she quits.

o             This agreement is legal and enforceable.

o             This agreement is probably too excessive to be enforceable.

3.            Which of the following would most likely qualify as substantial performance?

o             Vivian is under contract to paint 10 paintings, but only finished 8 because she is offered a more lucrative contract from someone else.

o             Out of spite, Wally stops performing work 10 days before his contract is finished.

o             Lily contracts to paint house green, but decides to paint it blue instead.

o             Leroy doesn’t finish his last 3 days of yard work under contract because his mother has a medical emergency.

4.            Colby is 17 and signs a contract to buy a car. He turns 18 and immediately defaults on his car loan. Which of the following is true?

o             Colby is not obligated to pay the loan only if he is emancipated from his parents.

o             Colby is not obligated to pay the loan.

o             Colby is obligated to pay only if he affirmed the contract by making a payment after he turned 18.

o             Colby is obligated to his contract and must pay the loan.

5.            What is the correct definition of assignee?

o             A person accepting contract rights

o             A person making a contract assignment

o             A person transferring contract duties

o             A person accepting contract duties

6.            What are compensatory damages?

o             Damages awarded to punish gross breaches of contract

o             Damages awarded to cover a foreseeable loss

o             Damages awarded when non-breaching party sues a breaching party

o             Damages awarded to return a non-breaching party to its former position

7.            Which of the following would qualify as valid consideration?

o             George contracts with his mother that she will leave the good family silver to him when she passes away because he was the most helpful son.

o             Candice gives out free samples in order to get more people to buy her ice cream.

o             Carlie contracts with her landlord to pay for rent by landscaping the property and cleaning and painting empty apartments.

o             Stu makes Lewis promise to give all his extra lunch money to Stu every day after school.

8.            What is the correct definition of delegator?

o             A person accepting contract duties

o             A person making a contract assignment

o             A person accepting contract rights

o             A person transferring contract duties

9.            What is the definition of undue influence?

o             A unilateral of bilateral misunderstanding of value or fact

o             An intentional misrepresentation of material fact

o             Domination of another person so thoroughly as to remove free will

o             Pressure exerted on a person to force him or her to perform under serious threat

10.          What is the correct definition of offeror?

o             Offeror’s withdrawal

o             Offeree’s refusal

o             Person who sets the terms of an offer

o             Person who receives an offer

11.          Lou picks up a desktop mouse he finds lying on a desk at school. The next day Travis recognizes the mouse as the one he left behind the day before but tells Lou he “might as well have it.” The mouse is:

o             Abandoned property

o             None of the above

o             Mislaid property

o             A gift

12.          Which of the following is a definition of novelty?

o             An invention’s characteristic of advancing ideas or stepping forward

o             Newness of an invention

o             Usefulness of an invention

o             How an invention works

13.          Which of the following would most likely be considered fair use?

o             Playing a newly-released movie at a free drive-in movie

o             Selling copies of music CDs that you burned yourself.

o             Replicating the choreography of a famous dancer for use in your own stage production

o             Playing an actor’s short film in school and doing a speech review of the work.

14.          Perry started a new company called Thixxix, along with a distinctive trademark mark meant to identify the company. Perry doesn’t bother to register the trademark. The year following the creation of his company, Perry sees a trademark logo for another company that looks just like the mark for Thixxix. Which of the following is true?

o             More than one response is correct.

o             Perry has trademark protection, since his mark is in use and is distinctive.

o             Perry would have had constructive trademark protection if he had registered his trademark for Thixxix.

o             Perry has no trademark protection, since he did not register the trademark.

15.          Torey broke into a competitor’s office to steal a trade secret. She is eventually caught. If she has gained from the use of the trade secret, which of the following is true?

o             Torey must stop using the trade secret for her benefit.

o             Torey will pay her competitor for lost profits.

o             Torey must give the profits she has made to the competitor.

o             More than one response is correct.

16.          BooneTech has a superior instrumentation system for doing work in its factory. It regularly offers tours so people can come and observe the special equipment. When a competitor begins to use similar equipment, BooneTech sues the competitor for utilizing a trade secret. Which of the following is true?

o             The competitor may not use BooneTech’s system.

o             BooneTech cannot stop the competitor from using the system because it did not reasonably hide its trade secret.

o             As long as the system isn’t exactly the same down to the last detail, there isn’t enough proof to establish the competitor as using BooneTech’s system.

o             BooneTech can sue the competitor for any lost profits.

17.          Which of the following is the correct definition of utility?

o             Usefulness of an invention

o             An invention’s characteristic of advancing ideas or stepping forward

o             Newness of an invention

o             How an invention works

18.          Which of the following is the correct definition of non-obviousness?

o             An invention’s characteristic of advancing ideas or stepping forward

o             Usefulness of an invention

o             Newness of an invention

o             Any process, machine, manufacture, or composition of matter

19.          Jerry wants to rent out living space to a tenant. He wants the benefit of steady rent payments and the ease of evicting the tenant when he feels it would be convenient. Jerry also wants to formalize the tenancy with a rental agreement so that his rights and privileges are explicitly accounted for and agreed to in writing. Which form of tenancy should Jerry use in renting out his space?

o             Tenancy at sufferance

o             Periodic tenancy

o             Tenancy at will

o             More than one option is correct

7.8: Real Property: Nonfreehold Estates

20.          A __________ may have an infinite duration.

o             More than one option is correct

o             Periodic tenancy

o             Tenancy at sufferance

o             Tenancy at will