Exam 21: Warranties

The foreign food test is used to find breaches in implied warranty of fitness for human consumption.

Only written express warranties are valid.

Written disclaimers must be conspicuously displayed to be valid.

Eliza buys a car from TinCar Autos with a warranty that says any defect of the car will be repaired or replaced free for a period of six months after the sale.TinCar Autos has taken security interests in the car.Before completely paying off for the car, Eliza sells the car to Mona for cash.Mona is unaware of the Autos' security interest in the car.After Eliza misses several of her payments, TinCar Autos discovers that Mona has the car, and repossesses the car from her. -What kind of warranty did TinCar Autos provide Eliza?

A manufacturer is liable for express warranties made by wholesalers and retailers.

An automatic warranty provided by a seller or lessor who is a merchant who regularly deals in goods of the kind sold or leased which warrants that the goods are delivered free of any third-party patent, trademark, or copyright claim is known as ________.

What are the damages recoverable for a breach of warranty?

Full warranties are implied by law.

A disclaimer of the implied warranty of merchantability must specifically mention the term merchantability for the implied warranty of merchantability to be disclaimed.

A warranty in which the seller warrants that he or she has valid title to the goods he or she is selling and that the transfer of title is rightful is known as ________.

A full warranty is an example of a(n)________.

A ________ is a seller's or lessor's express or implied assurance to a buyer or lessee that the goods sold or leased meet certain quality standards.

Which of the following is true of how an implied warranty of merchantability is created?

In a limited warranty, the warrantor must guarantee that a defective product will be repaired or replaced free during the warranty period.

An implied warranty of fitness for a particular purpose is breached if the goods do not meet the buyer's or lessee's expressed needs.

Which of the following would constitute the creation of an express warranty for goods?

A(n)________ is a warranty that arises where a seller or lessor warrants that the goods will meet the buyer's or lessee's expressed needs.

Under the foreign substance test, the court asks what a consumer would expect to find or not find in food or drink that he or she consumes.

Joe's Alternative Realty leased a piece of real estate to WideEye Builders.Whilst still on lease, Joe's Alternative Realty gave that same piece of real estate as security interest to procure a loan from Cloudnine Bank.The real estate, which was collateral, was eventually repossessed by the bank from WideEye Builders, after Joe's Alternative Realty defaulted on their loan payment.What warranty had Joe's Alternative Realty breached with WideEye?

A ________ is a warranty in which the lessor warrants that no person holds a claim or an interest in the goods that arose from an act or omission of the lessor that will interfere with the lessee's enjoyment of his or her leasehold interest.