Exam 20: Ownership and Warranties

Crytrin Manufacturing,Inc.contracted with Molfrey,Inc.to manufacture three large pieces of equipment.The contract contained a clause stating that Crytrin agreed to repair or replace any defective equipment,but that was the only remedy Molfry would have.This clause:

Bill is injured while standing on the corner of Hollyhock and Vine when Mia's new Hog speeds out of control because of a defective part.In most jurisdictions,Bill:

M & E sold a lathe "ASIS" to Brenna.M & E has disclaimed:

In a breach of warranty case,the buyer must:

Explain the concept and significance of identification of goods.Discuss how identification takes place.

The identification of goods permits the buyer to:

Under the UCC,no warranty of title arises unless the contract is in writing.

Express warranties must be in writing so they can be proven in court.

How do the tort theories of negligent product liability and strict product liability differ from each other? List and describe the elements an injured party must establish for recovery under each cause of action.

George's Greenery orders two dozen live dogwood trees from Nancy's Nursery.George's is to keep the dogwoods healthy by keeping them in a greenhouse following certain instructions to keep the air at the right temperature,etc.The sale is made on a trial basis and George's may return all unsold dogwood trees at the end of 30 days.This contract is a:

A contract that requires a seller to deliver goods to the carrier is:

Ruppart Manufacturing has a contract for the sale of 100 cases of teaching supplies to Teachers Co-op,Inc.Payment of the order is to be made in installments over the next year.Ruppart Manufacturing keeps a security interest in the cases sold to assure payment by Teachers Co-op,Inc.When the order is completed,Ruppart ships the order.Legally:

Myrtle walks into Hank's Hardware Store and says,"I need metal storage shelves that can hold 500 pounds." Hank directs her to a metal storage shelving system,which Myrtle buys.When Myrtle puts 475 pounds of weight on the shelves,they collapse.Hank's Hardware breached the warranty of merchantability.

Peter purchased a new car from Monster Motors.As he drove away from the dealership in the new car,the steering mechanism failed.Peter lost control of the car and plunged down an embankment.Peter was seriously injured.If Peter sues the car manufacturer under strict liability,what does he have to prove? Will Peter be successful?

Van is using his wrench as a hammer when the wrench breaks and a piece flies off,injuring his neighbor who is helping Van change a tire on Van's car.If Van sues the tool manufacturer,its best defense will be:

Both the buyer and seller may have an insurable interest in the same goods at the same time.

You leave your watch with Bryte Jewelers for repair.Bryte could not transfer ownership interests in the watch to a customer of the jewelry shop without your permission.

Mayco has received goods from Wallace pursuant to a sale or return agreement.If Mayco subsequently declares bankruptcy,the goods will be:

Discuss the concept of insurable interests.

Garden World orders 120 hand cultivators from Green Thumb,Inc.When the cultivators arrive,they seem fine,so Garden World accepts them.As the stock person is putting the cultivators on display,she notices that the tines are loose on all the cultivators.Garden World returns the cultivators to Green Thumb,but they are lost when the delivery truck slips on an oily spot in the road and drives into a nearby lake.Discuss who bears the risk of loss for the shipment.