Exam 14: Sales Contracts: Rights,duties,breach,and Warranties

Toy Distributors,Inc.had a swing set constructed for customers to examine.It was anchored to the ground with 20-inch steel pins.Gina purchased one for installation in her backyard by Toy,but Toy anchored it with 6-inch steel pins that pulled out of the ground,causing the swing set to tip over and injure Gina's child who was playing on the swing.Discuss if any warranties have been violated by Toy.

A(n)________ is any written warranty that does not meet all of the requirements for a full warranty.

When a buyer has a right to inspect the goods,the right usually must be exercised:

In a written contract,Hogan agrees to sell Jason kitchen cabinets and to deliver them before December 21.On October 21,two months before the delivery is expected,Hogan tells Jason that he will not sell him the cabinets.Which of the following can Jason do in this situation?

A commercial unit is a single whole for the purpose of sale,the division of which generally does not impair its value on the market.

In a C.O.D.shipment,the buyer receives non-conforming goods.The buyer must first accept and pay for the goods,and then make a claim against the seller.

Tang went into a bicycle shop to purchase a bike rack.He asked the salesperson for help in picking out a rack that would fit his bike.While the salesperson was helping another customer,Tang went ahead and chose one he wanted.The salesperson then told Tang that the rack was a good one.After Tang put the rack on his bike,it did not fit properly and damaged his gear shift.Explain whether Tang can rightfully claim that the salesperson committed a breach of warranty of fitness for a particular purpose.

Rebecca sells Qadir goods that are located in the Matrix Warehouse and gives Qadir a warehouse receipt at 5 P.M.Matrix closes at 5 P.M.That night,the goods are destroyed by a fire at the Matrix Warehouse.Have the goods been tendered to Qadir by Rebecca?

A salesman's pitch to a customer,"this is the best Hi Def screen on the market" is the equivalent of an express warranty.

Sanyon and Sue agree to the purchase and sale of Sanyon's car.When Sanyon (seller)offers to give the keys to the car to Sue (buyer)who offers to pay for the car with a cashier's check,a tender of performance has occurred.

Samantha purchased a used computer system from Office Rental,Inc.who was updating its computers.Later,Big Bank asserted the right to repossess the used computer system from Samantha since it had a lien on all of Office Rental's business equipment to secure an unpaid loan.Samantha was unaware of this lien.What are Samantha's legal rights?

A seller can cure a defective shipment by suing a buyer of goods for breach of contract if the seller is able to resell the goods.

Generally,the words "as is" on an item for sale exclude implied warranties.

Gino,a used car salesman,tells BillyBob while test driving a restored '64 Mustang,"BillyBob,this car is a chick magnet!" So BillyBob buys the Mustang,but later is not satisfied because no girls want to go riding with BillyBob.BillyBob threatens to sue Gino.What result?

Tyler has always had a "180-day full warranty" from Business Sales Company when purchasing office equipment over the past five years.On this occasion,Tyler purchased a big screen LED TV from Business Sales that broke thirty days after Tyler purchased it.Business Sales asserts that it did not provide a 180-day full warranty on the TV and has no legal liability.Which of the following is true of this situation?

A seller has the right to cure a defective tender after the time for performance has expired.

Lori went into an electronics store that had a sign posted on the wall declaring "All sales final!" She told the salesperson that she was looking for an iPod with Pandora,so that she could listen to streaming music while working out in her WiFi-enabled health club.The salesperson selected a WiFi-capable iPod and told Lori that she could receive Pandora as long as the fitness center had WiFi.The next day,when Lori tried to use the iPod at the fitness center with WiFi,she found that she could only hear static.Which of the following is true of this situation?

Which of the following is true of a shipment contract?

Jeff visits Long's Hardware store and describes a problem he is having with ice in his gutters during the cold winters in Idaho.Stan,the salesman,recommends the new XT-104 Ice Melter for Jeff.Stan has created an implied warranty of merchantability.

Jess buys a microwave oven with a manufacturer's full one-year written warranty.If Jess discovers that the microwave oven does not work properly during this time,the manufacturer is obligated to: