Test 3 Flashcards
Which of the following stat types of trademark examples for (1) fanciful, (2) arbitary, and (3) suggestive trademarks
All of the above
A national discount chain has a well-known name. A local department store opens with a name that has the same pronunciation as the name of the national discount chain and is spelled differently by only one letter. The local store derives its name from the name of its owner. The local store has most likely
Infringed upon another business trademark
What is “implied authority?”
An agents authority to do what she has to do in order to do the tasks the agent is expressly authorized to do
Which of the following best differentiates between a detour and a frolic in agency law
A detour is a slight deviation from an agents assigned task, while a frolic is a significant departure from the assigned task
Ordinarily an employer is liable for which of the authorized acts committed by an employee for the benefit of the employer and in the scope of the employment
I, II, and III
Larry delievers newspaper for a living; he hires Fred to help with his route, paying him 5 cents per paper
The facts suggest that the doctrine of respondeat superior would applu
Under which of the following situations would a principal b liable for the tortious act of its agent under the doctrine of respndet superior
The agent was an employee of the principal and the act was within the scope of the employee’s duties
Which of the following best describes a case of negligent retention of an employee by an employer
An employer hires an employee with a history of drug abuse, and the employee is caught stealing from the company
Which of the following best defines the employment at will doctrine
Employers can terminate employees for any erason that is not discriminatory and emplyees can quit for any reason
Which of the following best describes the legal concept of respondeat superior?
The employer is held liable for the tortious actions of their employees committed within the scope of employment
Under workers’ compensation laws, the workman gives up the right to sue her employer for intentional torts
False
If employees are discharged becasue of their involvement in union activities, they may file a complaint aginst their employer under which of the following statues?
The National Labor Relations Act
Willard is injured while performing his duties for his employer. In most states, under which of the following are employers banned from using the contributory negligence defense
Workers compensation
