Unit 4 Review 1-20: Question Preview (ID: 22493)

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Ownership of natural or man-made increases to personal property is acquired by
a) accession
b) adaptation
c) adoption
d) annexation

The most important factor for determining fair use might be
a) the economic impact of the use
b) the manner of use
c) the ability of the user
d) the amount of use

Using a trademark as a descriptive generic term or permitting competitors to refer to similar products by the trademark may cause the original owner to
a) lose the right to the trademark
b) eliminate the trademark
c) increase income from the trademark
d) share ownership of the trademark

Trade secrets are
a) important ideas or knowledge that cannot be copyrighted or patented
b) commercially valuable tradable secrets
c) the tools of the trade
d) an advertising gimmick

Gathering shells on a public beach is acquisition by
a) occupany
b) adoption
c) adaptation
d) accession

When Ed opens his own carpet cleaning business, he creates a unique symbol that identifies his company from other carpet cleaning companies. This unique symbol is known as a(n)
a) servicemark
b) copyright
c) patent
d) trade secret

Which of the following statements is untrue?
a) Copyrights owned by the creator last only for his lifetime
b) Intellectual property is purely intangible
c) A trade secret is commercially valuable information
d) An author can transfer ownership of his copyright to others

While removing her mink coat before dinner, Jody is unaware that her diamond necklace has fallen to the floor. What is true of the diamond necklace that fell off her neck?
a) It is lost property; if you find it, you must return it to Jody.
b) It is mislaid property; if you find it you must return it to Jody
c) It is mislaid property; you need not return it to Jody
d) It is lost property; you need not return it to Jody

Elements of bailment do not include
a) real property
b) personal property
c) possession and control of the goods by the bailee
d) return of identical or fungible goods

Bailment ends when
a) the parties mutually agree to end it
b) the agreed time has elapsed
c) the agreed purpose has been achieved
d) any of these

A mutual-benefit bailment, in which consideration is given and received by both bailor and bailee, invokes the duty of
a) ordinary care
b) extraordinary care
c) minimal care
d) none of these

Involuntary bailments, which arise without the consent of the bailee, call for
a) minimal care
b) extraordinary care
c) ordinary care
d) any of these

A bailment for the sole benefit of a bailor calls for
a) minimal care
b) extraordinary care
c) ordinary care
d) any of these

The nature of the bailee's duty of care may be modified by
a) all of these
b) contract
c) disclaimer
d) legislation

An industry may seek to avoid the duty of care established by the common law by
a) legislation
b) contract
c) disclaimer
d) none of these

If Antonio rents a car for one week from Rent-A-Car at a price of $109.25, what type of bailment was created?
a) mutual-benefit bailment
b) extraordinary bailment
c) ordinary bailment
d) involuntary bailment

When Yu-lan borrows Ned's van without paying Ned any money for the use of the van, what type of bailment exists?
a) gratuitous bailment
b) mutual benefit bailment
c) extraordinary bailment
d) none of these

Which of the following is a common means in which to amend the bailee's duty of care?
a) contract
b) law suit
c) legislation
d) both contract and legislation

Which of the following is true regarding minimal care?
a) Minimal care means the bailee must not ignore, waste, or destroy the bailed property
b) the bailee must make every effort to identify the owner of the goods
c) minimal care is voluntary
d) minimal care means the bailee will be strictly liable for any damages, loss, or injury to the goods

After you leave for vacation, your dog digs a hole under the fences and escapes. Your neighbor finds your dog and takes care of it until you return. What type of bailment exists in this situation?
a) involuntary bailment
b) voluntary bailment
c) constructive bailment
d) none of these

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