4. A trademark can be used by any company when it has not been registered with the government. Under federal trademark law, any company

 

Cannot register a mark that has been used in commerce.

Must put off registration until the mark is out of use for six months.

Can register the mark for protection.

Has committed trademark infringement.

 

6. The US Federal Aviation Administration estimates that __ of __ the million aircraft components installed each years are counterfeit, which equals approximately ___ parts.

 

8%, 35; 660,00

2%, 26; 520,000

7%, 26; 250,000

3%,30; 640,000

7. Kara purchases a new vehicle from Company X. The most important factor in determining whether an express warranty is created is whether

 

Kara expresses to Company X what she wants warranted.

Company X expresses to Kara what it expects of its customers.

Kara desire for this certain vehicle becomes part of her motivation to deal.

Company X’s promise become part of the basis of the bargain

 

20. A salesperson for Company r presents a materials buyer for Company G sample of their product and states that any shipment will match these samples. This statement is

 

Puffery

An express warranty

An implied warranty

A warranty of title

 

21. The Harry and Hairy Company (H&H) makes nose hair trimmers. Peter is injured while using one of these trimmers and sues the company for product liability based on negligence. To win, Peter must show that

 

H&H did not use due care with respect to the trimmer

H&H misrepresented a material fact regarding the trimmer

Peter was experienced in the use of trimmers

Peter was in privity of contract with H&H

23. Laura and her roommate decided that they were going to paint houses and split the profits evenly. Laura did not put this or any other formalities in writing. Unfortunately, her roommate was spooked by a bird while they were both on a painting job and her roommate knocked a bucket of paint onto an oriental rug

 

Laura and her roommate are personally liable

Laura and her roommate will be treated as limited partners

Laura and her roommate will be treated as separate sole proprietors

Laura and her roommate will be treated like shareholders of a corporation

 

27. Paul purchases and consumers a hamburger from MCBeef and becomes ill. Paul files a suit against MCBeef, where he alleges that the hamburger was not merchantable. Merchantable food is

food that is fit to eat on the basis of

 

Its producer’s experience

What constitutes a perfect condition

Consumer expectation

Its maker’s intentions

 

28 Chris is a member of Feddie’s Flooring, LLC, a limited liability company. Chris is liable for the debts of Freddie’s Flooring

To the extent of his investment in the firm

To the extent that the other members do not pay the debts

In proportion to the total number of members

To the full extent

 

32. If Barbeque Bill’s Restaurant places an order with Charlies’s Pizzaria for their special barbeque tomatoe sauce and Charlie’s Pizzaria fails to deliver the sauce, Barbeque Bill’s restaurant will be able to enforce the agreement; provide that the parties did not omit the following term:

 

quantity term

payment term

price term

delivery term

 

34. Balsa lunch boxes (seller) and Company Z (buyer) enter into a contract for a sale of a certain product. Balsa Lunch Boxes is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises

 

Only in conjunction with lease contracts, not sales contracts

Only if the company Z asks for it.

Only if the Balsa Lunch Boxes does not expressly disclaim it

Automatically in sales contracts

 

 

35. Aerojam Inc. agrees to sell to JPL a certain amount of parts on a weekly basis, there is no mention, however, in the contract of where the goods shall be delivered… In general, under the UCC delivery will take place at

 

A “a reasonable” place of delivery

Aerojam’s place of business

JPL’s place of business

A neutral place of business halfway between the parties’ location.

 

40. Money laundering investigations are increasingly cress border and different juridictions face unique challenges. The following approach is necessary in fighting corruption.

 

All of them

Multidisciplinary approach

Cooperative approach

 

Collaborative approach