Exam 11: Liability and the Sale of Food

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Salmonella is a type of fungus.

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False

The foreign natural substance test is foreign objects in food.

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False

A trend exists in which states are rejecting the foreign/natural test and instead adopting the reasonable expectation test.

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True

Which of the following are in privity of contract?

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Many states have established laws that restrict ____________________ in many public buildings, including restaurants.

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Kosher foods are a designation referring to food prepared consistent with Jewish religious requirements.

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The relationship between parties to a contract is called ___________________________________.

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The Uniform Commercial Code is a set of rules designed to simplify and modernize the law governing sale of goods, including food.

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Class action is a suit pursued by many who were injured by the same cause.

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The basis for imposing the warranty of merchantability on sellers of goods is public policy for the protection of consumers.

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Under the Uniform Commercial Code, a plaintiff who sues for breach of warranty of merchantability must be in privity of contract with the seller of the defective food.

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The reasonable expectation test examines whether ____________________________________________________________________.

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In the UCC2-315, the number 2 refers to ____________________________________________________________________.

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For training and the right to use a fast food name at a hotel, they pay a ____________________ fee.

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Which of the following is not required for an action in strict products liability?

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Preparation of kosher food is supervised by a ____________________ or a designee.

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When a fight breaks out at a bar, and it is unforeseen, the bar is not ____________________.

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A diner can sue a restaurant when the server neglected to prepare the meal correctly.

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According to the warranty of merchantability, goods sold must meet what standard?

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Inappropriate objects in food will render it unmerchantable.

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