Exam 12: Sales and Product Liability

Under the UCC statute of frauds,the writing must:

No section of the Uniform Commercial Code has any legal effect until it is adopted by a state legislature.

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:

A buyer who properly rejects goods:

Green Mountain Gift Shop ordered ten dozen evergreen wreaths from Carter Crafts to be delivered by November 28,time being of the essence.If Carter fails to deliver the wreaths,Green Mountain would be entitled to incidental damages,but could not obtain consequential damages or the loss of profit it expected to make by reselling the wreaths to retail customers for the Christmas season.

The UCC does not apply to contracts for the sale of goods if the value of the goods is less than $500.

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

A seller's remedies for breach of a sales contract by the buyer include all but which of the following?

Hennessee sold a log splitter to Byrd "AS IS." Hennessee has disclaimed:

UCC Section 2-207 contains many changes to the common law,but one basic requirement that is not changed by this statute is that to create a contract:

Oxtren,Inc.is a tools wholesaler.Oxtren sent M&E Tools a purchase order offering to buy 200 Model 308 milling & drilling machines with R-8 spindles.The purchase order stated the credit term to be 2% discount if payment was made in 10 days,with the full amount due in 30 days.It did not include a forum selection clause.M&E responded with an acceptance form accepting the offer.The acceptance form,however,stated that full payment was due on delivery and that disputes under the contract would be settled by arbitration. (A)Do the parties have an agreement? (B)What is the payment term? (C)Is the arbitration clause part of the agreement?

Meister Bros.shipped 250 radiator belts to fill Braybon's order.Quality control measures had been in place in Meister's factory when the belts were manufactured.When Braybon received the order one day before it was due,it notified Meister that it rejected the belts because of a variation from the contract specifications.Meister,although it believed the original belts met the contract specifications,notified Braybon that it would supply conforming goods within one week.When the conforming goods arrive in one week,Braybon:

UCC Section 2-204 provides three important rules that enable parties to make a contract quickly and informally.These include all but which of the following?

A sales representative at Oxtren,Inc.orally told the purchasing agent at Wety,Inc.that its industrial saw will cut through metal up to five inches thick.Wety purchased the saw.Which statement is correct concerning the claim that the saw can cut through metal up to five inches thick?

When Angelena was shopping for a new lawn mower,the salesman,Mark,told her the model she was interested in cuts an 18" swath and the only maintenance it needs is an oil change and a new sparkplug at the beginning of each mowing season.He hands her a warranty booklet which describes that model as a mulching mower and says it has a five-year full warranty.The booklet also disclaims "any warranties or statements made by any agent or salesperson or that appear elsewhere in this booklet." The effect of the written disclaimer is:

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

Peter purchased a new car from Monster Motors.As he drove away from the dealership in the new car,the steering mechanism failed.Peter lost control of the car and plunged down an embankment.Peter was seriously injured.If Peter sues the car manufacturer under strict liability,what does he have to prove? Will Peter be successful?

Van is using his wrench as a hammer when the wrench breaks and a piece flies off,injuring his neighbor who is helping Van change a tire on Van's car.If Van sues the tool manufacturer,its best defense will be:

To form a valid contract for the sale of goods,if the acceptance contains a price or warranty term different from the term in the offer,the parties have to renegotiate until they reach agreement.

Myrtle walks into Hank's Hardware Store and says,"I need metal storage shelves that can hold 500 pounds." Hank directs her to a metal storage shelving system.Myrtle buys the shelving recommended by Hank.When Myrtle puts 475 pounds of weight on the bottom shelf,it breaks.Hank's Hardware breached the warranty of merchantability.