Exam 20: Warranties and Product Liability

Riverside Mill and Standard Contractors enter into a contract for a sale of lumber. 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

Eliza buys a new motorcycle from Fab Cycles, Inc. The Fab sales representative promises that the engine has fewer than 25 miles on it. The most important factor in determining whether an express warranty is created is whether

Water Pipe Company includes in its contracts a provision that reads, in large red letters, "There are no warranties that extend beyond the description on the face hereof." This disclaimer negates

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strict liability may apply to

Defective goods are non-merchantable even if the merchant had no way to know about or discover their defects.

Pat, a salesperson for Quality Fruit, Inc., shows Ron, a buyer for Sweet Food Company, samples of peaches, stating that any shipment will match the samples. This statement is

Brass Instruments, Inc., sells seventy-six trombones to Community Band. To avoid liability for most implied warranties, Brass should state in writing that the trombones are sold

A lien is a claim on a person's property to secure the payment of a debt.

The UCC

Puffery is exaggerated sales talk that creates an express warranty.

A " full " warranty requires a full refund for any defective goods.

Under the doctrine of strict liability, liability is based on a failure to exercise reasonable care.