Exam 19: Warranties, Product Liability, and Cons

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A(n) _____ is one that the seller did not make but that is imposed by the law.

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D

Jack, a second-hand dealer of cars, provides his clients with the opportunity to examine them. Jenny test-drove a car and got it checked by her mechanic as well. However, the mechanic missed a broken valve and the car broke down after the purchase. Which of the following is likely to happen in this scenario?

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A

A warranty is an assurance that the article sold will conform to a certain standard or will operate in a certain manner.

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True

Implied warranty arises as to fitness of used property for ordinary use from a sale made by a casual seller.

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Which of the following is true of warranty of merchantability?

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Which of the following is true of full warranties?

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The Federal Trade Commission demands that advertisements be limited to statements about products that can be substantiated.

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A small piece of molded plastic shown to a car buyer to illustrate the materials and methods used in the construction of cars creates a sale by sample.

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The statement of the seller in which the article sold is warranted or guaranteed is known as an _____.

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A _____ is a portion of a whole mass that is the subject of the transaction.

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The _____ is the total dollar amount the borrower will pay for the loan.

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An express warranty applies even if defects are actually known to the buyer, or defects are so apparent that no special skill or ability is required to detect them.

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The statement of the seller in which the article sold is warranted or guaranteed is known as an implied warranty.

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According to the Magnuson-Moss Warranty and Federal Trade Commission Improvement Act, the consumer need not be informed of the warranty prior to the sale.

(True/False)
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Explain product uniformity.

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The sale of food or drink, to be consumed off the seller's premises, is not a sale.

(True/False)
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Unless otherwise agreed, a merchant warrants that goods shall be delivered free of the rightful claim of any third person by way of patent or trademark infringement.

(True/False)
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______ is information that the law presumes everyone knows by virtue of the fact that it is filed or recorded on the public record.

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Which of the following is true of sale of food or drink?

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All sellers, by the mere act of selling, make a warranty that they have good title and make rightful transfers.

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