Exam 20: Product Liability

Ahmed,a lawyer,sold his car to Carlos.Has an implied warranty of merchantability been created by this transaction?

A(n)________ is created by operation of law rather than the seller's express statements.

Sellers of goods sometimes attempt to disclaim (avoid)their liability under warranties.Which type of warranty disclaimers must be written in order to be effective?

Bob,an attorney,purchased licensed software from Bill Able Inc.to prepare his clients' invoices online.The shrinkwrap packaging for the program disks and the software manuals contained a limitation of remedies clause,which limited the buyer's remedies to the $50 purchase price of the software.Bob later discovered that his invoices for the past year were too low due to a malfunction in the software,costing him over $10,000 in lost revenue.Bob sues Bill Able Inc.for breach of warranty.What is the likely result?

Which of the following theories of recovery is likely to be most effective against a disclaimer of liability?

The implied warranty of fitness for a particular purpose is violated when the goods are:

Which of the following requires that certain classes of lawsuits be brought within defined limits of time after the right to begin them accrued or the right to bring the lawsuit is lost?

In order to recover for breach of an express warranty,a plaintiff must show that:

Steve is visibly overweight.Steve goes to a store and says that he would like to buy a hammock suitable for someone like himself to sleep in.He makes it clear that it is up to the salesman to select a suitable hammock.The salesman selects a hammock that is perfectly suitable for a normally sized person but that cannot support someone of Steve's weight.Relying on the salesman's recommendation,Steve buys the hammock.After he is injured when the hammock collapses because it cannot bear his weight,Steve sues the store.Can Steve recover under the implied warranty of merchantability? What about an action under the implied warranty of fitness for a particular purpose? Assume that the store is a merchant with respect to hammocks.

According to UCC section 2-315,________ for a particular purpose arises when the seller has reason to know a particular purpose for which the buyer requires the goods.

Which of the following is not an example of consequential damages?

________ is the plaintiff's voluntary consent to a known danger.

Which of the following occurs when the plaintiff uses the product in some unusual,unforeseeable way,and this causes the loss for which he sues?

Palmer goes to a truck dealership and asks for a truck capable of handling a 5000-pound load.He makes it clear that it is up to the salesman to select an appropriate truck.Without saying anything about the truck's load-carrying capacity,the salesman selects a certain truck for Palmer.Relying on the salesman's choice,Palmer buys the truck in question.However,the truck can only handle a 2500-pound load.Palmer wants to sue the dealership because he did not get the truck he desired.Which of the following product liability theories gives Palmer his best chance of recovery?

Which of the following factors will be most important in determining if an express warranty has been created?

A disclaimer of the implied warranty of merchantability can be oral.

Which of the following statements characterizes an implied warranty of fitness?

Which of the following is most important for imposing strict liability?

Which of the following is an express or implied promise about the nature of the product sold?

What is the usual UCC time limitation for claiming breach of express and implied warranty after the seller offers the defective goods to the buyer?