Exam 20: Warranties and Product Liability

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Who among the following are held liable for negligence for failing to inspect and for misrepresenting the character of goods or their fitness for a particular purpose?

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B

The basic rule of _____ is that a person owes a duty of care to avoid foreseeable injury to others.

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A

A full warranty means:

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Verified

B

Natalie injured herself while trimming the sides of her hedge with her electric lawn mower. In this case, Natalie:

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The implied warranty of merchantability applies only to nonmerchants, while the implied warranty of fitness for a particular purpose applies only to merchants.

(True/False)
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According to the Magnuson-Moss Warranty Act, which of the following must the seller disclose if the seller gives a written warranty to consumers?

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Explain the difference between the implied warranty of merchantability and the warranty of fitness for a particular purpose.

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Which of the following is an outgrowth of strict product liability?

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Which of the following statements is true of the obvious danger rule in the context of product liability?

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At times, the seller may know the particular purpose for which the buyer needs the goods and know that the buyer is relying on the seller to select goods suitable for that purpose. If these two conditions are met, then the seller makes a(n) _____ warranty that the goods will be fit for that particular purpose.

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The implied warranty of merchantability is also known as the implied warranty of fitness for a particular purpose.

(True/False)
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In order to create an express warranty, it does not matter whether the seller uses the words warranty or guarantee or whether the seller intends to make a warranty.

(True/False)
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Goods sold "with all faults" are sold without the implied warranties of merchantability and fitness for a particular purpose.

(True/False)
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Which of the following is a correct statement regarding implied warranties?

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In determining whether a product is inherently dangerous or has been defectively designed, courts look at:

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Which of the following statements is true of privity of contract?

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Which of the following statements is true of the Federal Trade Commission (FTC)?

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If the seller, through words or behavior, makes promises about the goods, he has created an express warranty.

(True/False)
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Which of the following is a test of merchantability for all sales contracts?

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In liability based on negligence, _____.

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