Question 1

The language "as is" disclaims both the warranty of merchantability and the warranty of fitness for a particular purpose.

Accepted Answer

A) True 
 B)False

Question 2

Ads can be a basis for an express warranty.

Accepted Answer

A) True 
 B)False

Question 3

The 2008 act that includes some regulations on the resale of goods is the:

Accepted Answer

A) Consumer Product Safety Act. 
B) Consumer Product Resale Safety Act. 
C) Consumer Product Safety Improvement Act. 
D) Consumer Product Resellers Inclusion Act. 
A) Consumer Product Safety Act. 
B) Consumer Product Resale Safety Act. 
C) Consumer Product Safety Improvement Act. 
D) Consumer Product Resellers Inclusion Act.

Question 4

Stanislaus County,California awarded a contract for the construction of a water treatment plant to Black & Veatch.Black & Veatch purchased pipe for installation to and from the plant from a supplier who worked with representatives from Black & Veatch to determine a pipe that would work for the soil and weather conditions near the plant.Black & Veatch followed the suppliers recommendations.After the plant opened,there were significant problems with the pipes' failure rates.Which of the following statements is correct?

Accepted Answer

A) The supplier has no liability to the county because it did not have a contract with the city. 
B) The supplier has liability for breach of implied warranty of fitness for a particular purpose. 
C) There is no warranty liability when there is no privity. 
D) Black & Veatch has no liability for the problems with the pipes. 
A) The supplier has no liability to the county because it did not have a contract with the city. 
B) The supplier has liability for breach of implied warranty of fitness for a particular purpose. 
C) There is no warranty liability when there is no privity. 
D) Black & Veatch has no liability for the problems with the pipes.

Question 5

Which of the following duties could $\underline{\text{not}}$  be a basis for a negligence suit?

Accepted Answer

A) hotel to guest 
B) physician to patient 
C) accountant to client 
D) All of the above parties have duties. 
A) hotel to guest 
B) physician to patient 
C) accountant to client 
D) All of the above parties have duties.

Question 6

The implied warranty of merchantability requires proof that the buyer was relying on some language when he or she made the purchase of the good.

Accepted Answer

A) True 
 B)False

Question 7

Campbell's Soup created a low sodium line of soups that had the label on the can that read "25% less sodium than regular soup." Tests revealed that the low-sodium soups had the same amount of sodium as regular soups.Which of the following statements is true?

Accepted Answer

A) Campbell's made an express warranty that it breached. 
B) There is no warranty claim that can be based on a product label. 
C) There can be recovery for the claim only if a purchaser is harmed by the claim. 
D) The FTC has no jurisdiction over claims made on product labels. 
A) Campbell's made an express warranty that it breached. 
B) There is no warranty claim that can be based on a product label. 
C) There can be recovery for the claim only if a purchaser is harmed by the claim. 
D) The FTC has no jurisdiction over claims made on product labels.

Question 8

Proof for a breach of the warranty of merchantability suit requires establishment of the fact that the product was in a defective and unreasonably dangerous condition.

Accepted Answer

A) True 
 B)False

Question 9

Ford manufactured its Pinto auto (a subcompact car)from 1968 to 1980.The gas tank was rigidly mounted and the top of the tank was the floor of the trunk compartment.There was no shield to prevent the spread of fire into the auto.Fox sustained severe burns when his Pinto was hit from behind and exploded into flames.Discuss possible theories of recovery for Fox.

Accepted Answer

Negligence; strict tort (402A)

Question 10

Which of the following items can be sold now by a reseller?

Accepted Answer

A) A recalled item not purchased originally by the reseller 
B) A product intended for children containing lead paint 
C) A product intended for children containing phthalates 
D) None of these 
A) A recalled item not purchased originally by the reseller 
B) A product intended for children containing lead paint 
C) A product intended for children containing phthalates 
D) None of these

Question 11

Anne Twain purchased two hamsters for her children.She told the salesperson,"I want two hamsters of the same gender,now." The pet store salesperson said,"No problem.These are two males." Six weeks later,Anne's children reported the birth of thirteen tiny hamsters.What rights does Anne have?

Accepted Answer

Anne would have dama

Question 12

Bait and switch is not a deceptive advertising technique.

Accepted Answer

A) True 
 B)False

Question 13

The implied warranty of fitness for a particular purpose requires reliance by the buyer on the seller's expertise.

Accepted Answer

A) True 
 B)False

Question 14

​Jill DesJardines experiences a broken leg when one of the wheels on her new in-line skates falls off as she is skating.
-The manufacturer:

Accepted Answer

A) is not liable because Jill assumed the risk of in-line skating. 
B) can disclaim all such liability for products such as these skates. 
C) is liable for a defective product. 
D) both a and b 
E) none of the above 
A) is not liable because Jill assumed the risk of in-line skating. 
B) can disclaim all such liability for products such as these skates. 
C) is liable for a defective product. 
D) both a and b 
E) none of the above

Question 15

Which of the following phrases is an express warranty?

Accepted Answer

A) "boned chicken" 
B) "Maine's finest" 
C) "Best in the West" 
D) All of the above are express warranties. 
A) "boned chicken" 
B) "Maine's finest" 
C) "Best in the West" 
D) All of the above are express warranties.

Question 16

The Listeria found in Blue Bell ice cream is an example of:​

Accepted Answer

A) ​a breach of the implied warranty of merchantability. 
B) ​a breach of the implied warranty of fitness for a particular purpose. 
C) not a breach of warranty because Listeria is naturally occurring. 
D) a case of negligence. 
A) ​a breach of the implied warranty of merchantability. 
B) ​a breach of the implied warranty of fitness for a particular purpose. 
C) not a breach of warranty because Listeria is naturally occurring. 
D) a case of negligence.

Question 17

Tops Meat had to recall all of its frozen hamburger patties because of the presence of E-Coli in the meat.About 20 consumers who ate the Tops patties became ill and two died.The E-Coli was present in the animals Tops purchased for slaughter from various ranchers.

Accepted Answer

A) Tops is not liable to its purchasers because it did not produce a defective product. 
B) Tops is not liable to its purchasers because it was not aware of the E-Coli when it sold its products. 
C) Tops is liable to its purchasers for any injuries and damages from the presence of E-Coli. 
D) both a and b 
A) Tops is not liable to its purchasers because it did not produce a defective product. 
B) Tops is not liable to its purchasers because it was not aware of the E-Coli when it sold its products. 
C) Tops is liable to its purchasers for any injuries and damages from the presence of E-Coli. 
D) both a and b

Question 18

Privity of contract:

Accepted Answer

A) means a direct contractual relationship between the parties. 
B) is required for recovery on a UCC warranty theory. 
C) is required for recovery under section 402A. 
D) none of the above 
A) means a direct contractual relationship between the parties. 
B) is required for recovery on a UCC warranty theory. 
C) is required for recovery under section 402A. 
D) none of the above

Question 19

Ads by members of professional groups can be regulated by the state.

Accepted Answer

A) True 
 B)False

Question 20

The FTC controls on product comparisons:

Accepted Answer

A) are very stringent. 
B) are a high regulatory priority. 
C) have changed dramatically with private enforcement. 
D) no longer exist. 
A) are very stringent. 
B) are a high regulatory priority. 
C) have changed dramatically with private enforcement. 
D) no longer exist.

The language "as is" disclaims both the warranty of merchantability and the warranty of fitness for a particular purpose.

Ads can be a basis for an express warranty.

The 2008 act that includes some regulations on the resale of goods is the:

Which of the following duties could $\underline{\text{not}}$ be a basis for a negligence suit?

The implied warranty of merchantability requires proof that the buyer was relying on some language when he or she made the purchase of the good.

Campbell's Soup created a low sodium line of soups that had the label on the can that read "25% less sodium than regular soup." Tests revealed that the low-sodium soups had the same amount of sodium as regular soups.Which of the following statements is true?

Proof for a breach of the warranty of merchantability suit requires establishment of the fact that the product was in a defective and unreasonably dangerous condition.

Which of the following items can be sold now by a reseller?

Anne Twain purchased two hamsters for her children.She told the salesperson,"I want two hamsters of the same gender,now." The pet store salesperson said,"No problem.These are two males." Six weeks later,Anne's children reported the birth of thirteen tiny hamsters.What rights does Anne have?

Bait and switch is not a deceptive advertising technique.

The implied warranty of fitness for a particular purpose requires reliance by the buyer on the seller's expertise.

Jill DesJardines experiences a broken leg when one of the wheels on her new in-line skates falls off as she is skating. -The manufacturer:

Which of the following phrases is an express warranty?

The Listeria found in Blue Bell ice cream is an example of:

Tops Meat had to recall all of its frozen hamburger patties because of the presence of E-Coli in the meat.About 20 consumers who ate the Tops patties became ill and two died.The E-Coli was present in the animals Tops purchased for slaughter from various ranchers.

Privity of contract:

Ads by members of professional groups can be regulated by the state.

The FTC controls on product comparisons:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 13: Product Advertising and Liability

The language "as is" disclaims both the warranty of merchantability and the warranty of fitness for a particular purpose.

Ads can be a basis for an express warranty.

The 2008 act that includes some regulations on the resale of goods is the:

Which of the following duties could not‾\underline{\text{not}}not​ be a basis for a negligence suit?

The implied warranty of merchantability requires proof that the buyer was relying on some language when he or she made the purchase of the good.

Campbell's Soup created a low sodium line of soups that had the label on the can that read "25% less sodium than regular soup." Tests revealed that the low-sodium soups had the same amount of sodium as regular soups.Which of the following statements is true?

Proof for a breach of the warranty of merchantability suit requires establishment of the fact that the product was in a defective and unreasonably dangerous condition.

Which of the following items can be sold now by a reseller?

Anne Twain purchased two hamsters for her children.She told the salesperson,"I want two hamsters of the same gender,now." The pet store salesperson said,"No problem.These are two males." Six weeks later,Anne's children reported the birth of thirteen tiny hamsters.What rights does Anne have?

Bait and switch is not a deceptive advertising technique.

The implied warranty of fitness for a particular purpose requires reliance by the buyer on the seller's expertise.

​Jill DesJardines experiences a broken leg when one of the wheels on her new in-line skates falls off as she is skating. -The manufacturer:

Which of the following phrases is an express warranty?

The Listeria found in Blue Bell ice cream is an example of:​

Tops Meat had to recall all of its frozen hamburger patties because of the presence of E-Coli in the meat.About 20 consumers who ate the Tops patties became ill and two died.The E-Coli was present in the animals Tops purchased for slaughter from various ranchers.

Privity of contract:

Ads by members of professional groups can be regulated by the state.

The FTC controls on product comparisons:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Which of the following duties could $\underline{\text{not}}$ be a basis for a negligence suit?

Jill DesJardines experiences a broken leg when one of the wheels on her new in-line skates falls off as she is skating. -The manufacturer:

The Listeria found in Blue Bell ice cream is an example of: