Exam 13: Introduction to Sales

arrow
  • Select Tags
search iconSearch Question
flashcardsStudy Flashcards
  • Select Tags

How do the tort theories of negligent product liability and strict product liability differ from each other? List and describe the elements an injured party must establish for recovery under each cause of action.

Free
(Essay)
4.8/5
(35)
Correct Answer:
Verified

A)Negligence.The two key elements of negligent product liability include duty and breach of duty.A plaintiff injured by purchased goods must show that the seller of the product did not act as a reasonable person in connection with the design,manufacture,or warning given.B)Strict Liability.Unlike negligence,strict liability imposes liability regardless of fault.The injured plaintiff must show that the manufacturer or merchant seller sold a product in a defective condition that was unreasonably dangerous to the user; more dangerous than the ordinary consumer would expect and that the product reached the user without substantial change.

Which of the following contracts requires a writing under the UCC,Article 2?

Free
(Multiple Choice)
4.8/5
(27)
Correct Answer:
Verified

C

Megan agrees to sell Nancy her Rolex watch but they do not specify a price.In such a case,the court would not enforce the agreement because all of the essential terms are not present.

Free
(True/False)
4.9/5
(27)
Correct Answer:
Verified

False

Which of the following is true regarding an open price term?

(Multiple Choice)
4.7/5
(36)

The difference between the UCC requirement of good faith and doctrine of unconscionability is that:

(Multiple Choice)
4.7/5
(34)

In which of the following situations is the seller a merchant under Article 2 of the UCC?

(Multiple Choice)
4.9/5
(30)

Harriett raises and sells hippos.In order to keep her hippos happy and healthy,she feeds them Hippo Chow,which she buys from the local pet store.Under the UCC,Harriett is:

(Multiple Choice)
4.7/5
(37)

The most important warranty in the Code

(Multiple Choice)
4.9/5
(30)

In a breach of contract the injured seller may resell goods not accepted by the buyer.If the resale is commercially reasonable,the seller may recover the difference between the resale price and contract price,but cannot recover incidental damages.

(True/False)
4.9/5
(37)

If a buyer unjustly refuses to accept or pay for goods,

(Multiple Choice)
4.8/5
(41)

Under the UCC,the writing need not completely summarize the agreement.

(Multiple Choice)
4.7/5
(27)

Sean of Sean's Shrimp House was enjoying a cup of cappuccino while visiting with Ollie at Ollie's Ocean Front Bar & Grill.During the course of their conversation,Sean agreed to supply 100 pounds of shrimp per month for the next year to Ollie's restaurant at the price of $2.50 per pound.When Sean got back to his office,he sent a written confirmation of the agreement to Ollie.Six weeks after receiving the confirmation Ollie wrote back,stating that he had not agreed to the price of $2.50 per pound.Is Ollie bound to the confirmation?

(Essay)
4.8/5
(32)

Which of the following types of property would be classified as "goods" under Article 2 of the UCC?

(Multiple Choice)
4.9/5
(42)

In a "mixed contract," one involving a sale of both goods and services,the court will:

(Multiple Choice)
4.8/5
(33)

An express warranty?

(Multiple Choice)
4.8/5
(32)

Long's Department Store contracted to buy 1,000 drop-waist velour dresses in heather gray from Durham.Subsequently,Durham called and asked to ship mink-colored dresses instead of heather gray.Long agreed,in writing,to the change.Which statement is correct?

(Multiple Choice)
4.9/5
(47)

Under the UCC,a merchant is frequently held to a higher standard of conduct than a non-merchant.

(True/False)
4.9/5
(26)

Which of the following warranties provides that the goods will be useable for the ordinary purposes for which they are used?

(Multiple Choice)
4.8/5
(26)

In order to disclaim a warranty of fitness for a particular purpose,a merchant:

(Multiple Choice)
4.9/5
(30)

Patsy is shopping for a used car.She finds a car she likes at Morley Motors.Discuss the standard of conduct the UCC imposes on the parties in performing the sales transaction.

(Essay)
4.8/5
(36)
Showing 1 - 20 of 46
close modal

Filters

  • Essay(0)
  • Multiple Choice(0)
  • Short Answer(0)
  • True False(0)
  • Matching(0)