Questions
BUSINESS LAW 4. Because intellectual property rights are governed by statute. not common law, a plaintiff...

BUSINESS LAW

4. Because intellectual property rights are governed by statute. not common law, a plaintiff who has suffered a breach of its trademark rights cannot claim the equitable remedies of an injunction or an accounting: it can only receive an order for damages

1) True

2) False

7. If an employee becomes disabled, the employer must attempt to accommodate the employee so that her employment may continue, however only up to the point of undue hardship.

1) True

2) False

15. Your brother wants to borrow $80000 from the Bank of Victoria and has asked if you would guarantee the loan. You have been told the following with regard to guarantees. Which of the following statements is CORRECT?

1) As guarantor, you cannot be relieved of your obligation if the bank fails to disclose financial information in relation to your brother in the bank's possession.

2) A guarantor becomes liable on the debt as soon as the principal debtor defaults on the loan granted to him.

3) You, as guarantor cannot be relieved of your obligation if the bank does something to weaken your position-e.g., by agreeing with your brother to increase the amount without your consent.

4) If he defaulted on his payments and you had to pay the debt to the bank you would not be subrogated to the rights of the bank i.e., you would get the bank's right to sue your brother

5) A legally enforceable guarantee need not be in writing as long as it is witnessed.

27. Tim is employed as a software developer for a small company. He is assigned to head a project to develop new accounting software for an important client. The project has a strict deadline for completion: under its terms, the company must pay the client damages for every day it is late. After weeks of hard work and stress, the project is falling behind and not likely to be completed on time. One evening, while walking on the beach, Tim finds inspiration to seek a more peaceful life. The next morning, he telephones his manager to say that he is quitting immediately to live a life of quiet meditation. The manager desperately starts looking for someone to finish the project. In these circumstances, which of the following is FALSE

1) if the project is not completed on time and the client sues, the company can sue Tim for breach of contract

2) the company is legally obligated to mitigate its damages by reasonably trying to hire a replacement for Tim

3) Tim cannot be held liable because an employee does not have a duty to give notice when resigning

4) even if the Employment Standards Act does not require a minimum notice period to be given by an employee who quits, there is still a duty to give such notice in common law

5) an employee can leave at any time without notice if the employer has breached the employment contract by fundamentally changing its terms

28. Which of the following is FALSE if an inventor has her application for a patent granted:

1) She has the right to renew the period of protection at the expiry of the first period

2) She can no longer claim that the invention is a trade secret

3) She has the right to sue someone who uses the invention without her permission

4) Infringement of the patent can be a civil wrong

5) She has the exclusive right to make. use and sell the Invention for a period of 20 years

29. A secured creditor has the right upon default to:

1) Claim its contractual remedies

2) Seize the security

3) Sell the security

4) Sue the debtor rather than seize the security

5) All of the above

31. In regard to patent law, which of the following BEST describes an invention that can patented?

1) A genetically modified plant

2) An original artistic work

3) An important scientific theory

4) An idea for a new movie.

32. The Sale of Goods Act adds a number of implied terms to a sale of goods transaction. Which of the following statements is NOT an implied term under the Sale of Goods Act

1) The seller promises the buyer good title

2) The buyer is promised satisfaction or the right to get his money back

3) Goods sold by description must match the description

4) Where goods are sold by sample, the bulk of the goods must match the sample

5) The goods will be of free of liens and other eumbrances

35. Which of the following statements is FALSE in regard to "property":

1) Both real and personal property can be pledged as security to a creditor

2) Real property includes land but does not include the buildings on that land

3) Personal property includes intangible rights such as the right to receive payment of a debt

4) Personal property includes chattels

5) Real property includes "fixtures"

36. A trademark can be protected for an indefinite period of time if it is renewed every 15 years

1) True

2) False

37. Which of the following is NOT an example of a statute that protects intellectual property:

1) The Patent Act

2) The Trademark Act

3) The Copyright Act

4) The Industrial Designs Act

5) The Confidential Information Act

38. If a guarantor signs a continuing guarantee, he may continue to be bound by the guarantee even though the creditor and the debtor agree to later changes that put the guarantor at greater risk of being called upon to pay the debt.

1) True

2) False

40. Which of the following statements is FALSE regarding bankruptcy law:

1) A debtor may be insolvent without being in bankruptcy

2) A debtor who cannot pay his debts can make a voluntary assigns ent in bankruptcy

3) a debtor does not pay his debts, his creditors can force him into bankruptcy

4) A debtor is released from bankruptcy by a court order called "discharge"

5) When a debtor is released from bankruptcy. all his unpaid debts of every kind are cancelled

41. Which of the following is NOT just cause for dismissal of an employee:

1) Serious absenteeism

2) Consistently being late

3) Continual disobedience

4) Continual negligence or incompetence

5) The employer does not have enough work for the employee to do

44. Under the Sale of Goods Act, unless the parties have agreed otherwise, the purchaser of a finished good in deliverable condition bears the risk of loss from the moment the sale agreement is made, even though she will not pay for the good or take delivery until a week later.

1) True

2) False

48. Which of the following terms or documents is NOT used to determine when title or risk of loss pass to the buyer of goods:

1) Cost, insurance and freight

2) Free on board

3) Cash on delivery

4) Bill of lading

50. To which one of the following contracts would the Sale of Goods Act NOT apply:

1) A meal in a restaurant

2) The sale of a house

3) A sale of future goods when title will pass in the future

4) The purchase of a car

5) The sale of tangible personal property

In: Operations Management

what are the social and legal principles on which hammurabi's code is based? is there anything...

what are the social and legal principles on which hammurabi's code is based? is there anything familiar about it in terms of legal codes in North America today? Who does the code focus on and why do you think it sees these people or aspects of aspects of society as crucial for maintaining order?

In: Psychology

Matsumoto & Juang (2013) discuss trait approaches to personality which have become very important in recent...

Matsumoto & Juang (2013) discuss trait approaches to personality which have become very important in recent years. Describe the FFM and what role one's culture may play in shaping their characteristics and adaptations.

In: Psychology

Strategic Fit and Diversification in Related Businesses Read the overview below and complete the activities that...

Strategic Fit and Diversification in Related Businesses Read the overview below and complete the activities that follow. The purpose of diversification is to build shareholder value. Diversification builds shareholder value when a diversified group of businesses can perform better under the auspices of a single corporate parent than they would as independent, stand-alone businesses. The goal is to achieve not just a 1 + 1 = 2 result, but rather to realize important 1 + 1 = 3 performance benefits. Whether getting into a new business has the potential to enhance shareholder value hinges on whether a company’s entry into that business can pass the attractiveness test, the cost-of-entry test, and the better-off test. Entry into new businesses can take any of three forms: acquisition, internal start-up, or joint venture. The choice of which is best depends on: the firm’s resources and capabilities, the industry’s entry barriers, the importance of speed, and the relative costs. There are two fundamental approaches to diversification: into related businesses and into unrelated businesses. The rationale for related diversification is to benefit from strategic fit: Diversify into businesses with matchups along their respective value chains, and then capitalize on the strategic fit by sharing or transferring the resources and capabilities across matching value chain activities to gain competitive advantage. Unrelated diversification strategies surrender the competitive advantage potential of strategic fit at the value chain level in return for the potential that can be realized from superior corporate parenting or the sharing and transfer of generalized resources and capabilities. An outstanding corporate parent can benefit its businesses through (1) providing high-level oversight and making available other corporate resources, (2) allocating financial resources across the business portfolio, and (3) restructuring underperforming acquisitions. Case: See if you can identify the value chain relationships that make the businesses of the following companies related in competitively relevant ways. In particular, you should consider whether there are cross-business opportunities for (1) transferring skills and technology, (2) combining related value chain activities to achieve economies of scope, and/or (3) leveraging the use of a well-respected brand name or other resources that enhance differentiation. Bloomin’ Brands Outback Steakhouse Carrabba’s Italian Grill Roy’s Restaurant (Hawaiian fusion cuisine) Bonefish Grill (market-fresh fine seafood) Fleming’s Prime Steakhouse & Wine Bar L’Oréal Maybelline, Lancôme, Helena Rubinstein cosmetics L’Oréal, Garnier, and SoftSheen-Carson hair care products Redken, Matrix, L’Oréal Professional, Kiehl’s, and Kérastase professional hair care and skin care products Ralph Lauren, Yves Saint Laurent, and Giorgio Armani fragrances La Roche-Posay, Vichy Laboratories, Dermablend, and SkinCeuticals dermocosmetics Johnson & Johnson Baby products (powder, shampoo, oil, lotion) Band-Aids and other first-aid products Women’s health and personal care products Neutrogena, Lubriderm, and Aveeno skincare products Nonprescription drugs (Tylenol, Motrin, Pepcid AC, Mylanta, Benadryl) Prescription drugs Oral health care (Listerine, Rembrandt) Nutritionals (Splenda, Lactaid) Prosthetic and other medical devices Surgical and hospital products Vision care (Acuvue contact lenses, Visine)

List and describe the cross-business opportunities for transferring skills or technology that exist with the business lineups of Bloomin' Brands, L'Oreal, and Johnson & Johnson.

In: Operations Management

Read and review the Module 2 content before responding to this discussion. Please choose one of...

Read and review the Module 2 content before responding to this discussion. Please choose one of the questions below and provide a 3-5 sentence response. What are the differences between a summary, a direct quote, and a paraphrase? Provide an example of all three - a summary, a direct quote, and a paraphrase. Where can academic sources be found to assist you in locating valid outside sources for academic writing? What resources are available to help students avoid plagiarism and how can these resources help students uphold academic integrity?

In: Operations Management

An LC circuit like that in the figure below consists of a 3.30-H inductor and an...

An LC circuit like that in the figure below consists of a 3.30-H inductor and an 832-pF capacitor that initially carries a 134-μC charge. The switch is open for t < 0 and is then thrown closed at t = 0. Compute the following quantities at t = 5.00 ms. (a) the energy stored in the capacitor (b) the total energy in the circuit (c) the energy stored in the inductor

In: Physics

PLEASE RESPOND IN 150-200 WORDS THANK YOU! Why must management distinguish between current assets that can...

PLEASE RESPOND IN 150-200 WORDS THANK YOU!

Why must management distinguish between current assets that can be easily converted to cash and those that are more permanent?

In: Finance

in hospitality and casino management what area is required to be reviewed at least once during...

in hospitality and casino management what area is required to be reviewed at least once during every six month period by internal audit departments

In: Operations Management

The blood speed in a normal segment of a horizontal artery is 0.184 m/s. An abnormal...

The blood speed in a normal segment of a horizontal artery is 0.184 m/s. An abnormal segment of the artery is narrowed down by an arteriosclerotic plaque to 1/3 of its normal cross-sectional area. What is the difference in blood pressure between the normal and constricted segments of the artery?

In: Physics

What are the organizational structure of MNCs? Describe them by the company case study and draw...

What are the organizational structure of MNCs? Describe them by the company case study and draw the figures of structure.

In: Operations Management

You have been examining the books of a new client. Included on their previously unaudited financial...

You have been examining the books of a new client. Included on their previously unaudited financial statements was a balance of $299,032 for a long-term Patent as of 12/31/2017. When examining the ledger, you found these entries:

  • An “acquisition” entry of $274,982:
  • Legal costs incurred in the preparation of the application for the patent: $6,450 during 2016
  • Leal costs incurred in successfully defending the validity of the patent: $17,600 during 2017
  • There have been no amortization expenses reported for the patent. There were no other entries to the account during 2018.

    In discussions with the president of the firm, you learned that this patent was developed by an employee specifically hired to work on the development of the president’s initial concept for the product. After 3 years of work, the patent was granted at the end of 2016. The patented product has resulted in a 50% increase in sales from 12/31/2016 to 12/31/2018. The president expects the product to continue being very marketable over the company’s 3 year strategic plan from 2018 through 2020.

    Instructions: As the outside auditor for the company, prepare a memo as of 12/31/2018 to the president of the company discussing:

  • The GAAP rules governing the accounting of patents, using appropriate citations from the codification. (Provide the appropriate references to the FASB Codification. Do NOT copy and paste the codification sections.)
  • The previous mistakes in accounting for the patent. Suggest correcting journal entries, if appropriate.

In: Accounting

Respond to the following in a minimum of 175 words: Once the strategies are in place,...

Respond to the following in a minimum of 175 words:

Once the strategies are in place, employees must support the strategies. Discuss the critical soft skills for success in global roles. What are the methods for acquiring employees with those “soft skills?

In: Operations Management

Please explain the archaeological record of "man the hunter," as we understand it; including the adaptation...

Please explain the archaeological record of "man the hunter," as we understand it; including the adaptation to life using bipedalism (defining it), the sexual division of labor (and why it occurred). Please explain two types of bias that feminist anthropologists identified in the "Man the Hunter" theory of human evolution: ethnocentrism and androcentrism. Define these terms and explain why and how they are biased. How can these biases provide an inaccurate picture of the diversity of gender roles and relations in various prehistorical societies? However, if we concentrate on "Woman the Gatherer," would we experience similar problems as we did in concentrating on solely "Man the Hunter?" Explain what is meant by this.  

Renzetti Curran Maier "Women, Men, and Society" book.

In: Psychology

My question is little bit philosophical. I would like to explain my ideas with a 2...

My question is little bit philosophical. I would like to explain my ideas with a 2 dimensional universe model.

If we had lived in 2 dimensional universe like a plane, What could we observe when seeing a 3d object?

For example: If a square pyramid that is inside full of material comes to the plane universe in right angle, what could the people who live in 2d universe observe? Firstly, we could see small square and slowly it would enlarge and then it would dissappear suddenly. If the scientists who live in the 2d universe observed such event , All scientists could get shocked and they could check their physics formulas because energy is not conversed in that event. They had believed that Energy is conserved and nobody could create energy from nothing and finally they could understand that total observed universe energy can be much more what they calculated with their formulas.

My questions:

What could we see a 4d pyramid comes to our 3d universe? is it correct that Firstly we would see small cube and it would enlarge and then suddenly disappears?

Dark matter and Dark energy is related with such ideas? http://map.gsfc.nasa.gov/universe/uni_matter.html

I know we do not observe such strange events till now but maybe scientists can get some results during micro experiments. Is there any such experimental results at least in micro universe (atomic level experiments in quantum mechanics)?

Sorry for your time if it was asked before.

In: Physics

Give a brief description of two psychological disorders that are common in your community. Justify the...

Give a brief description of two psychological disorders that are common in your community. Justify the relevance of drug therapy and psychological therapy.

In: Psychology