Question 1

In a tort case,the statute of limitations runs from the time the defect was discovered.

Accepted Answer

A) True 
 B)False

Question 2

Daddy buys an electric car for his 10-year-old son.Daddy follows the directions for assembly carefully,but the son gets an injuring shock when he sits in the car.If Daddy and son sue the manufacturer for negligence,they will:

Accepted Answer

A)  be successful only if they can prove that the car manufacturer knew of the defect and failed to correct it. 
B)  be successful only if they can prove that the car manufacturer failed to use reasonable care in designing, manufacturing, or warning the purchasers about intended uses and foreseeable misuses. 
C)  lose, because the son has no privity of contract and therefore no standing to sue. 
D)  not be successful if the car was sold "AS IS." 
A)  be successful only if they can prove that the car manufacturer knew of the defect and failed to correct it. 
B)  be successful only if they can prove that the car manufacturer failed to use reasonable care in designing, manufacturing, or warning the purchasers about intended uses and foreseeable misuses. 
C)  lose, because the son has no privity of contract and therefore no standing to sue. 
D)  not be successful if the car was sold "AS IS."

Question 3

Mason bought a rotisserie in preparation for a party he was planning.When he put a chicken on the rotisserie,it would not rotate,but stayed in one position where it burned the chicken on one side and left it raw on the other.When he returned the rotisserie to the store,the salesperson disclaimed any responsibility because he had never told Mason the rotisserie would rotate the food as it cooked.Does Mason have any recourse?

Accepted Answer

A)  No, the salesperson did not make any express warranties. 
B)  Yes, the salesperson made an express warranty just by selling the goods. 
C)  Yes, although the salesperson did not make any express warranties, the UCC imposes an express warranty on the sale. 
D)  Yes, although the salesperson did not make any express warranties, the UCC imposes an implied warranty of merchantability under which the rotisserie is guaranteed to be fit for the ordinary purposes for which it is used. 
A)  No, the salesperson did not make any express warranties. 
B)  Yes, the salesperson made an express warranty just by selling the goods. 
C)  Yes, although the salesperson did not make any express warranties, the UCC imposes an express warranty on the sale. 
D)  Yes, although the salesperson did not make any express warranties, the UCC imposes an implied warranty of merchantability under which the rotisserie is guaranteed to be fit for the ordinary purposes for which it is used.

Question 4

A statute of repose places an absolute limit on when a lawsuit may be filed regardless of when the defect is discovered.

Accepted Answer

A) True 
 B)False

Question 5

Lemon laws,which assist consumers who have purchased automobiles that turn out to be "lemons,":

Accepted Answer

A)  are enacted by state legislatures. 
B)  are enacted by Congress. 
C)  are included in the warranty provisions of the UCC. 
D)  come from common law equitable remedies. 
A)  are enacted by state legislatures. 
B)  are enacted by Congress. 
C)  are included in the warranty provisions of the UCC. 
D)  come from common law equitable remedies.

Question 6

A sales representative at Oxtren,Inc orally told the purchasing agent at Wety,Inc.that its industrial saw is exceptional.Which statement is correct concerning the claim that the saw is exceptional?

Accepted Answer

A)  The claim is an express warranty. 
B)  The claim is an implied warranty of merchantability. 
C)  The claim is not a warranty because it is not in writing. 
D)  The claim is not a warranty because it is sales puffery. 
A)  The claim is an express warranty. 
B)  The claim is an implied warranty of merchantability. 
C)  The claim is not a warranty because it is not in writing. 
D)  The claim is not a warranty because it is sales puffery.

Question 7

Mark,a power tool salesman,promises Jill,a customer,that the Turbo Power Hedge Trimmer 1000 will easily cut through bamboo up to 3 inches thick.Mark's statement constitutes an express warranty if Jill purchases the hedge trimmer.

Accepted Answer

A) True 
 B)False

Question 8

A common problem in cases of express warranty is being able to separate statements that create express warranties from statements that do not.Discuss what type of statements create an express warranty and four indications that a statement is likely to create an express warranty.

Accepted Answer

Any affirmation of fact,or any promise,c

Question 9

Generally,a contract may include language that limits or alters the damages recoverable for a breach of warranty,as long as the restrictions are not unconscionable.

Accepted Answer

A) True 
 B)False

Question 10

Strict liability is based on contract law.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A)  strict liability. 
B)  liability for negligence. 
C)  all implied warranties. 
D)  all of the above. 
A)  strict liability. 
B)  liability for negligence. 
C)  all implied warranties. 
D)  all of the above.

Question 12

To prove an express warranty,courts require evidence that the buyer relied on the seller's statement.

Accepted Answer

A) True 
 B)False

Question 13

Ned sold his refrigerator to his next door neighbor,Ian.Ned fails to tell Ian he has not finished paying for the refrigerator and Neighborhood Bank has a lien on it.

Accepted Answer

A)  Ned has breached the warranty against infringement. 
B)  Ned has breached the warranty of title. 
C)  Ned has breached the warranty of merchantability. 
D)  Ned has not breached any warranties because he did not guarantee that the refrigerator was free and clear of security liens. 
A)  Ned has breached the warranty against infringement. 
B)  Ned has breached the warranty of title. 
C)  Ned has breached the warranty of merchantability. 
D)  Ned has not breached any warranties because he did not guarantee that the refrigerator was free and clear of security liens.

Question 14

A tag attached to a tree in a nursery identifying the tree as a Southern Magnolia creates an express warranty.

Accepted Answer

A) True 
 B)False

Question 15

Which one of the following warranties arises in a sale of goods?

Accepted Answer

A)  Implied warranty of title. 
B)  Warranty against adverse possession. 
C)  Implied warranty of quiet enjoyment. 
D)  All of the above arise in a sale of goods. 
A)  Implied warranty of title. 
B)  Warranty against adverse possession. 
C)  Implied warranty of quiet enjoyment. 
D)  All of the above arise in a sale of goods.

Question 16

In a breach of warranty case,the buyer must:

Accepted Answer

A)  notify the seller of defects within a reasonable time. 
B)  bring any lawsuit no later than three years after the defect was discovered. 
C)  extend the statute of limitations in writing rather than orally if they choose to allow a longer time for bringing suit. 
D)  notify the seller of defects within six months of their discovery or they cannot bring a lawsuit. 
A)  notify the seller of defects within a reasonable time. 
B)  bring any lawsuit no later than three years after the defect was discovered. 
C)  extend the statute of limitations in writing rather than orally if they choose to allow a longer time for bringing suit. 
D)  notify the seller of defects within six months of their discovery or they cannot bring a lawsuit.

Question 17

Inez contracted with Filippo Furnaces Co.for the installation of a new furnace.Inez selected the furnace she wanted,accepting no suggestions from Filippo Furnaces' heating engineer.The furnace operated fine,but it did not heat the entire house.The size of the blower on the furnace was too small to accommodate the third floor of the house.Inez sued Filippo Furnaces Co.for the breach of the implied warranties of merchantability and fitness.What result?

Accepted Answer

Inez will lose under both implied warran

Question 18

Bugs R Us,an organic gardening merchant,sells and delivers 100 units of live lady bugs to eat the bad bugs on the buyer's award-winning vegetables.The buyer ordered the lady bugs without consultation with Bugs R Us for suggestions.Although the buyer correctly knew that lady bugs were the appropriate bugs for eating bad bugs on vegetables,when the lady bugs were delivered,they refused to eat the bad bugs.The merchant has breached which warranty?

Accepted Answer

A)  Implied breach of fitness for a particular purpose. 
B)  Implied breach of merchantability. 
C)  No warranty, as you can't control the behavior of insects. 
D)  Implied warranty against infringement. 
A)  Implied breach of fitness for a particular purpose. 
B)  Implied breach of merchantability. 
C)  No warranty, as you can't control the behavior of insects. 
D)  Implied warranty against infringement.

Question 19

Under which of the following warranties must the seller be a merchant?

Accepted Answer

A)  Express warranties. 
B)  Implied warranty of merchantability. 
C)  Implied warranty of fitness for a particular purpose. 
D)  Both b and c 
A)  Express warranties. 
B)  Implied warranty of merchantability. 
C)  Implied warranty of fitness for a particular purpose. 
D)  Both b and c

Question 20

Sonny had a contract to paint the rides at an amusement park and needed a paint that would protect against extensive wear,potentially harsh weather,and rust.Sonny asked for paint samples from several companies,and selected one supplier based on the quality of the sample.When he received his order,he found that the quality did not match that of the sample.What recourse does Sonny have?

Accepted Answer

If the supplier will not provide paint t

Exam 22: Warranties And Product Liability

In a tort case,the statute of limitations runs from the time the defect was discovered.

Daddy buys an electric car for his 10-year-old son.Daddy follows the directions for assembly carefully,but the son gets an injuring shock when he sits in the car.If Daddy and son sue the manufacturer for negligence,they will:

A statute of repose places an absolute limit on when a lawsuit may be filed regardless of when the defect is discovered.

Lemon laws,which assist consumers who have purchased automobiles that turn out to be "lemons,":

A sales representative at Oxtren,Inc orally told the purchasing agent at Wety,Inc.that its industrial saw is exceptional.Which statement is correct concerning the claim that the saw is exceptional?

Mark,a power tool salesman,promises Jill,a customer,that the Turbo Power Hedge Trimmer 1000 will easily cut through bamboo up to 3 inches thick.Mark's statement constitutes an express warranty if Jill purchases the hedge trimmer.

A common problem in cases of express warranty is being able to separate statements that create express warranties from statements that do not.Discuss what type of statements create an express warranty and four indications that a statement is likely to create an express warranty.

Generally,a contract may include language that limits or alters the damages recoverable for a breach of warranty,as long as the restrictions are not unconscionable.

Strict liability is based on contract law.

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

To prove an express warranty,courts require evidence that the buyer relied on the seller's statement.

Ned sold his refrigerator to his next door neighbor,Ian.Ned fails to tell Ian he has not finished paying for the refrigerator and Neighborhood Bank has a lien on it.

A tag attached to a tree in a nursery identifying the tree as a Southern Magnolia creates an express warranty.

Which one of the following warranties arises in a sale of goods?

In a breach of warranty case,the buyer must:

Under which of the following warranties must the seller be a merchant?

Introduction To Law

Business Ethics And Social Responsibility

Dispute Resolution

Common Law,Statutory Law,And Administrative Law

Constitutional Law

Intentional Torts And Business Torts

Negligence And Strict Liability

Crime

International Law

Introduction To Contracts

Agreement

Consideration

Legality

Capacity And Consent

Written Contracts

Third Parties

Performance And Discharge

Remedies

Practical Contracts

Introduction To Sales

Ownership And Risk

Performance And Remedies

Secured Transactions

Creating A Negotiable Instrument

Liability For Negotiable Instruments

Accountants' Liability

Agency Law

Employment Law

Labor Law

Starting A Business

Partnerships

Life And Death Of A Corporation

Corporate Management

Shareholders

Securities Regulation

Bankruptcy

Antitrust

Consumer Law

Environmental Law

Cyberlaw

Intellectual Property

Real Property And Tenant-landlord Law

Personal Property And Bailment

Planning For The Future: Wills,Trusts,And Insurance

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