Exam 10: Intellectual and Personal Property Including Motor Vehicles

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Victoria Ziff drove her large station wagon to work five days a week, giving seven co-employees a  round-trip ride and charging each $40 per month. Victoria's state had a "guest" statute and also had a mandatory seat-belt law. a. In the event of an accident caused by Victoria's negligence, could her riders successfully sue her? b. Would it make any difference if such a plaintiff was not wearing a seatbelt?

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​a. Yes. Victoria's associates were ordinary passengers in her vehicle because they paid for their transportation. It is immaterial that the arrangement served their convenience and saved them money, or that Victoria might have charged more. b. Did the lack of seatbelts cause the accident? Probably not. Victoria would be liable for the traffic code infraction, but it was enacted to protect the driver in an accident rather than to prevent such accidents. The rider's failure to use seatbelts would aggravate the injuries suffered by the plaintiffs. The doctrine of comparative negligence should thereby reduce the plaintiff's recovery to the extent failure to use seatbelts increased the harm suffered.

A(n) ___________ agrees to transport, in exchange for payment, anybody applying for passage, assuming there is available space and no legal justification for refusal (e.g., intoxication).​

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common carrier

An insured person has a 15-30-5 Personal Liability and Property Damage automobile insurance policy. How much will the insurance company pay as a combined maximum if the insured has an automobile accident in which one or more third parties suffer personal injury (or death) and property damage?​

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A

The purpose of a secured transaction is to provide the creditor a security interest in personal property that will give that holder a right against the property rather than be a general creditor if the obligation owed is not paid.​

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The warranty of _____________ refers to the quality of the personal property, and is a promise that the personal property is of usual and customary quality, and as such it is fit for its ordinary and intended use.​

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A bailment arises when one person, called the ______________ , delivers temporary possession of ____________________ property to another, called the ________________ , who is obligated to ___________________ the property to the person who delivered it to him or her or dispose of it in the manner which he or she so directed.​

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In order to establish an implied warranty of fitness for particular purpose Leavitt must prove.​

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A training manual that described in detailed teaching techniques for sailing could be patented but not copyrighted.​

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The three requirements to make an effective gift, are ___________ , _________________ ,and ________________ .​

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Copyright ownership allows the owner to​

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In the event a negligent driver is liable for a judgment of $100,000, but has only $25,000 of coverage under applicable insurance he or she owns, the balance of $75,000 must be paid by the​

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All attempts by a merchant to disclaim a warranty are unconscionable.​

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A law in some states holds that the owner of a motor vehicle is vicariously responsible whenever a member of his or her immediate family or household drives and a third party is injured because of the negligence of the driver.​

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A _____________ is an exclusive privilege granted to an inventor, which allows the holder to manufacture, use, or sell a product, or to employ a method or process for a fixed period of time.​

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Lisa owned a 2003 Toyota 4-Runner. In which of the following situations would she not be liable for an accident when someone else is driving her 4-Runner?​

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In a bailment ownership is transferred to the bailee at the end of the term.​

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The implied warranty of merchantability arises only in the sale by a merchant..

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To aid in the return of lost property many states have ____________ requiring finders to report discovered lost property to a public official but allowing them to become the new owner of the property if it is unclaimed after a specified time.​

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Instead of suing for that tort, how else could Paris legally protect her signature phrase? ​ ​

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Define what is meant by no-fault automobile insurance. Discuss the pros and cons of these types of  policies.​

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