[SOLUTIONS] EXAMS Multiple Choice Part 3

____ 19. On behalf of of Bobble Head Manufacturing Company, Carmela types her name at the bottom of an e-mail
purchase order and submits the order to Designer Parts Compnay. Under the UETA, Carmela’s typed name
qualifies as
a. a preliminary negotiation.
b. a partnering agreement.
c. a “signature”[Asnwer]
d. a statement of future intent.
____ 20. Trina pays Urban Edge Electronics store $1,500 for a laptop computer. Under the UCC, this is
a. a gift.
b. a sale [Answer]
c. a crime.
d. a lease.
____ 21.
Sunny enters into a contract with Trey to act as his personal sports trainer. If a dispute later arises
and the contract contains un-clear terms, the rules of contract interpretation will give effect to
a. what the promisor claims was the parties’ intent.
b. waht the parties no agree they intended.
c. the parties intent as expressed their contract [Answer]
d. what the promisee cliams was the parties intent.

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[SOLUTIONS] EXAMS Multiple Choice Part 3
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____ 22. Kamal reproduces Lorena’s copyrighted work “Musica” without paying royalties. Kamal is most likely
excluded from liability for copyright infringement under the “fair use” doctrine if
a. Kaml’s use is for a commercial purpose.
b. Kamal copies the entire work.
c. Kamal’s use has no effect on the market for Lorena’s work [Answer]
d. Kamal distributed the copies without charge to the public.
____ 23. Ellen publishes a book titled First Place, which includes a chapter from Frank’s copyrighted book Great
NASCAR Drivers without his permission. Ellen’s use of the chapter is actionable
a. only if consumers are confused and Ellen and Frank are competitors.
b. only if consumers are confused.
c. only if Ellen and Frank are competitors.
d. regardless of whether consumers are confused or Ellen and Frank are competitors [Answer]

____ 24. Deb buys a song throught eSongs, an online music vendor. Before completing the purchase and downloading
of the song, Deb must review a provision stating that she will not make and sell copies of the song and is
required to click “I agree.” This provision is
a. a click-on agreement [Answer]
b. none of the choices.
c. a browse-wrap term.
d. a shrink-wrap agreement.

____ 25. Brady accepts what he believes is an offer to work for Canyon River Adventures, inc. as a tour and fishing
guide. In determining whether a conract has been formed, an element of prime importance is
a. the duration of the work.
b. the price to be paid.
c. the intent of the parties [Answer]
d. the subject of the contract.

____ 26. Lark promises to buy Max’s used textbook for $60. Lark is
a. a promisor [Answer]
b. an offeror.
c. an offeree.
d. a promisee.

____ 27. GreatGro, Inc., makes genetically modified seeds with properties that are identical to Hearty Harvest
Corporation’s patented seeds, without Hearty Harvest’s permission. This is most likely
a. not infringement.
b. copyright indringement.
c. patent infringement [Answer]
d. trademark infringement.

____ 28. Rally Corporation enters into a contract to sell ski gear to SnoSportz Company, which sells a pair of the skis
to Tyra, a consumer, who later sells them to Uli, another consumer. Article 2 of the UCC applies to the sales
transactions between
a. SnoSportz and Tyra only.
b. Rally and SnoSportz only.
c. Tyra and Uli only.
d. all of the buyers and sellers [Answer]

____ 29. Bild-Rite, Inc., is a Colorado-based firm that does business with clients throughout North America. Bild-Rite
oversees construction projects, and buys and sells commercial buildings, undeveloped land, and construction
supplies and other goods. Bild-Rite has had to deal with work-site theft and vandalism. With respect to these
circumstances, the Uniform Commercial Code (UCC) provides a framework for
a. international construction contracts.
b. domestic and foreign transactions in real estate.
c. prosecuting crimes against business interests.
d. commercial transactions for the sale of and payment for goods [Answer]

____ 30. Fresh Harvest, Inc., agrees to sell to Gina’s Bed & Breakfast Inn a certain amount of locally grown produce
each week but no mention is made of where the goods are to be delivered. In general, the UCC requires that
the delivery take place at
a. Fresh Harvest’s place of business [Answer]
b. Gina’s place of business.
c. a neutral place of business halfway between the parties’ locations.
d. a “reasonable” place of delivery.

____ 31. In a dispute over a sale involving a bicycle, Dain argues that as to this deal Emory’s Hobby Shop, where Dain
bought the bike, is a merchant. A court may determine whether Emory’s is a merchant by assessing whether
a. it holds itself out by occupation as having knowledge or skill unique to the bike in the
transaction [Answer]
b. it subscribes to Bike, a biweekly trade magazine.
c. it has sold any bikes within the last year.
d. its owner enjoys biking.


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