Exam 23: Warranties

Rena is a book dealer and an expert in the publications of Shakespeare's plays. She tells Toby, an investor in rare books, that in her opinion a certain bound volume is an early edition of several Shakespearean dramas. Rena has warranted

A seller's statement about the value or worth of goods, such the price that might be charged by a competitor, is not an express warranty.

3D Printers LLC includes with each sale of its product a technical manual that includes a general description and exact specifications. Specialty Metalwork buys a 3D product but soon realizes that it is not sufficient for Specialty's purpose. On the buyer's claim that the manual's statements are inconsistent, a court is most likely to hold that

A merchant who is in the business of selling certain goods makes an implied warranty of merchantability every time she sells any type of merchandise.

Express and implied warranties do not displace each other-more than one warranty can cover the same goods in the same transaction.

Trucks Inc. and United Express Service enter into a contract for a lease of trucks. The lessor is a merchant that deals in goods of the kind leased. Under the UCC, an implied warranty of merchantability arises

The Magnuson-Moss Warranty Act requires that a seller who elects to give a full warranty for consumer goods must

Lima buys a new car from Motor City Inc. In the first month after the purchase, the car repeatedly fails to meet standards of quality and performance. To prevail against Motor in a lemon-law dispute, Lima must

A label reads, "Box contains one bass clarinet." This creates

If a buyer is sued by a third party holding trademark rights in certain goods, the buyer must notify the seller or forfeit the right to recover the expenses of the suit from the seller.

Goods that are of only average, fair, or medium-grade quality are not merchantable.

Creekside Mill enters into a contract for a sale of lumber to Development Company. The mill knows the purpose for which the buyer will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises if