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New York Institute of Technology Manhattan Campus Business Management Questions

 

Chapter: Contracts and Sales: Performance, Remedies, and Collection.
Chapter: Business Marketing and Products: Ads and Product Safety.
Chapter: Business Competition: Antitrust Law.
Chapter Business and Intellectual Property Law.

1) Sly Salesperson sells cars.  While selling a car, Sly Salesperson tells the potential buyer that “this is the best car around.  It’s a great car and sips gas.”  The car has an average fuel rating.  Has Sly Salesperson committed a misrepresentation?  Fraud?  Why or why not?  Does the analysis change if Sly Salesperson says the car gets 40 miles per gallon, but in fact the car only gets 30 miles per gallon?
2) What factors have courts considered when evaluating factual statements versus opinion-based statements?  Could there still be liability for purely opinion-based statements?
3) Explain what the Robinson-Patman Act prohibits, what is required to show a violation, and what the defenses are.
4) Explain the differences in patents, copyrights, and trademarks, including the length of each and examples of each.

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