Exam 16: Performance, Breach, and Warranties of Sales and Lease Contracts

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Statements of fact made during the bargaining process are express warranties.​

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True

Game Source Stores are open to consumers. The UCC requirement of good faith imposes​

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B

Medical Supply Company and Health Care, Inc., enter into a contract for a sale of medical equipment and supplies. Under either a shipment contract or a destination contract, the seller must​

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D

Puffery is an expert's opinion that creates an express warranty.​

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The principle of good faith applies to both parties to a sales contract.​

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A shipment contract requires a seller to ship goods by a carrier.​

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Eliza buys a new motorcycle from Fab Cycles, Inc. The most important factor in determining whether an express warranty is created is whether​

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Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting to be delivered under a shipment contract. This contract requires Elegant Carpets, the seller, to​

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Statements of opinion and value usually create express warranties.​

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A seller is not required to give a written warranty for consumer goods sold.​

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Soft Chair Company contracts to deliver 100 chairs to Stuffy Furnishings Store on May 1 for which Stuffy agrees to pay. Soft tells Stuffy on April 15 that delivery will be delayed until June 1. Stuffy may​

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Vehicle Wholesale Company and Walt's Retail Motors enter into a contract for a sale of used cars. Vehicle Wholesale assures Walt's that it has valid title to the vehicles. Under the UCC, warranties of title arise​

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Every sale or lease by a merchant who deals in goods of the kind sold or leased automatically gives rise to an implied warranty of merchantability.​

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If goods in every respect conform to a contract, the buyer or lessee does not have a right to reject the goods.​

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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​

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In contracts involving a carrier, a seller can complete performance through a shipment contract or a destination contract.​

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Under the perfect tender rule, if tender is not perfect, the seller is obligated to try again.​

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Greg, a salesperson for Home Improvement Center, tells Irena, "This is the best floor sander I've ever seen." This statement is​

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If warranties are inconsistent, implied warranties displace express warranties.​

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An action for breach of warranty accrues when the seller or lessor tenders delivery.​

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