Transcript Patent and Copyright Law

Test Summary
Extra Exam Review Time
Thursday, February 23 @ 4:00-5:00
CH235
Link to Text Book Quiz Questions
http://www.wadsworth.com/cgiwadsworth/course_products_wp.pl?fid=M20b&
product_isbn_issn=9780324599251&discipline
_number=404&token=
Chapter
# of
Questions
Chapter 5 – Torts
16
Chapter 12 – Product
Liability
5
Chapter 9 – Contracts
16
Chapter 10 – Remedies
13
Total
50
Review of Torts, p 1
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Assault and battery
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Defenses
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False imprisonment
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Consent
Self-defense
Defense of others
Defense of property
Reasonable
Probably cause
Infliction of emotional distress
Invasion of privacy
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Invasion into a person’s affairs
Publication in a false light
Publication of personal private facts
Review of Torts , p2
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Defamation
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Libel
Slander
Publication
Truth as a defense
Public figures – malice
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Slander of title versus quality
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Misrepresentation
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Puffery
Elements of fraud
Wrongful interference with a contractual relationship
Wrongful interference with a business relationship
Trespass to land/Trespass to personal property
Conversion
Review of Torts, p3
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Negligence
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Duty of care
Elements of negligence
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Causation
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But for
– Proximate cause – Foreseeability (Superseding cause)
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Breach of duty
Injury
Negligence per se
Comparative negligence (contributory)
Review of Product Liability
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Strict Liability
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• Product Liability
Liability w/o fault
Abnormally dangerous
(ordinary consumer – failed
to correct dangerous
design when economically
feasible to do so)
Elements of strict liability
Dangerous beyond expectations
of ordinary consumer or
Less dangerous economically
feasible alternative available
Types of defects
Design
Manufacture
Failure to warn
Selection of components/suppliers
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Defenses
•Assumption of risk
•Product Misuse
•Commonly known danger
•Comparative negligence
Review of Contracts
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Elements of a contract
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terminology offeree v. offeror
Intent
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Acceptance
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Mirror image rule
Capacity (drunk, minors)
Consideration
Legality (license,usury,
sabbath laws)
Types
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Offer
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Bilateral v. Unilateral
Implied-in-fact/Express
Executory/Executed
Promissory Estoppel
Quasi/Unjust Enrichment
Many test questions from this slide
Review of Contracts, p2
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Enforceability
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Void
Voidable
Unenforceable
Valid
Third Party Rights
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Assignments
Intended beneficiaries
Incidental beneficiaries
Delegation of duties
Review of Contracts, p3
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Other
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Pre-existing duty
Illusory promise
Covenant not to compete (reasonable as to scope)
Review of Contract Remedies, p1
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Mistakes
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Unilateral
Bilateral
Fraudulent misrepresentation
Undue influence
Duress
Discharge
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Performance
Rescission
Novation
Accord and Satisfaction
Review of Contract Remedies, p2
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Damages – types
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Compensatory
Consequential
Liquidated
Nominal
Punitive
Mitigation of damages
Specific performance
Parol Evidence Rule
Statute of Frauds
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Land
>500 Sale of goods