Question 1

Puffery creates an express warranty.

Accepted Answer

A) True 
 B)False  False

Question 2

Olga,a salesperson for Pre-owned Cars & Trucks,Inc.,tells Quincy,"This is the best car I've ever seen." This statement is

Accepted Answer

A) an express warranty. 
B) an implied warranty. 
C) a warranty of title. 
D) puffery. 
A) an express warranty. 
B) an implied warranty. 
C) a warranty of title. 
D) puffery. D

Question 3

If a seller is an expert and gives an opinion as an expert,then he or she usually creates an express warranty.

Accepted Answer

A) True 
 B)False  True

Question 4

A product is unmerchantable if an accident could arise in connection with the goods.

Accepted Answer

A) True 
 B)False

Question 5

Express warranties can notbe disclaimed in contracts.

Accepted Answer

A) True 
 B)False

Question 6

A failure to exercise reasonable care is negligence.

Accepted Answer

A) True 
 B)False

Question 7

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Accepted Answer

A) True 
 B)False

Question 8

Fun Toyz Corporation makes skateboards,which it sells to con-sumers,including Holly and Ira.Due to a defect,Holly is injured while using her new board.Ira's board has the same defect,but he is not injured.In a product liability suit based on strict product liabil-ity,Fun Toyz may be liable to

Accepted Answer

A) Holly and Ira. 
B) Holly only. 
C) Ira only. 
D) no one. 
A) Holly and Ira. 
B) Holly only. 
C) Ira only. 
D) no one.

Question 9

Forest & Field Company makes and leases a backhoe to Zac.Due to a defect attributable to Forest & Field's negligence,Zac is injured in an accident in which his neighbor Aaron is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

Accepted Answer

A) Aaron only. 
B) no one. 
C) Zac and Aaron. 
D) Zac only. 
A) Aaron only. 
B) no one. 
C) Zac and Aaron. 
D) Zac only.

Question 10

A warranty against infringement is a promise by the seller that the prod-uct is free from any patent,trademark,or copyright claims of a third person.

Accepted Answer

A) True 
 B)False

Question 11

Sigrud buys spiked mountain-climbing shoes from Rockridge Gear store. The spikes come out of the shoes when Sigrud is on the side of a mountain,caus-ing her to be injured in a fall.Rockridge breached

Accepted Answer

A) an express warranty. 
B) an implied warranty of fitness for a particular purpose. 
C) an implied warranty of merchantability. 
D) a warranty of title. 
A) an express warranty. 
B) an implied warranty of fitness for a particular purpose. 
C) an implied warranty of merchantability. 
D) a warranty of title.

Question 12

Robert is selling his used lawnmower.He wants to disclaim any implied warranties.Robert

Accepted Answer

A) cannot disclaim implied warranties. 
B) should include a written disclaimer that the lawnmower is being sold"as is." 
C) should orally disclose all known faults of the lawnmower. 
D) should include a written warranty of title. 
A) cannot disclaim implied warranties. 
B) should include a written disclaimer that the lawnmower is being sold"as is." 
C) should orally disclose all known faults of the lawnmower. 
D) should include a written warranty of title.

Question 13

Cold Stuf,Inc.,makes snowboards,which it sells to Deep Freeze Sports Store (DFS).DFS sells Cold Stuf boards to consumers,in-cluding Ed.Ed is in-jured while using the board.In a product liabil-ity suit based on strict li-ability,Ed may recover from

Accepted Answer

A) Cold Stuf only. 
B) Cold Stuf or DFS. 
C) DFS only. 
D) no one. 
A) Cold Stuf only. 
B) Cold Stuf or DFS. 
C) DFS only. 
D) no one.

Question 14

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for vio-lating its duty of care with respect to

Accepted Answer

A) neither the design nor the making of the tiles. 
B) the design and the making of the tiles. 
C) the design of the tiles only. 
D) the making of the tiles only. 
A) neither the design nor the making of the tiles. 
B) the design and the making of the tiles. 
C) the design of the tiles only. 
D) the making of the tiles only.

Question 15

Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Accepted Answer

A) True 
 B)False

Question 16

Only a statement made after a contract is entered into can be an express warranty.

Accepted Answer

A) True 
 B)False

Question 17

Goods must be of the highest quality possible to be merchantable.

Accepted Answer

A) True 
 B)False

Question 18

In sales law,product liability is assurance by one party of the existence of a fact on which the other party can rely.

Accepted Answer

A) True 
 B)False

Question 19

Under the doctrine of strict liability,people are liable for the results of their acts only if their intentions are malicious.

Accepted Answer

A) True 
 B)False

Question 20

Ocean Vessels,Inc.,and Pacific Harbor Company enter into a contract for a sale of a boat.Ocean is a merchant who deals in goods of the kind sold.The goods are defective.Under the UCC,the implied warranty of merchantability is breached

Accepted Answer

A) only if Ocean did not know about and could not have discovered the defect. 
B) only if Ocean did not know about the defect. 
C) only if Ocean knew about or could have discovered the defect. 
D) regardless of what Ocean knew or could have discovered. 
A) only if Ocean did not know about and could not have discovered the defect. 
B) only if Ocean did not know about the defect. 
C) only if Ocean knew about or could have discovered the defect. 
D) regardless of what Ocean knew or could have discovered.

Exam 16: Warranties and Product Liability

Puffery creates an express warranty.

Olga,a salesperson for Pre-owned Cars & Trucks,Inc.,tells Quincy,"This is the best car I've ever seen." This statement is

If a seller is an expert and gives an opinion as an expert,then he or she usually creates an express warranty.

A product is unmerchantable if an accident could arise in connection with the goods.

Express warranties can notbe disclaimed in contracts.

A failure to exercise reasonable care is negligence.

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Fun Toyz Corporation makes skateboards,which it sells to con-sumers,including Holly and Ira.Due to a defect,Holly is injured while using her new board.Ira's board has the same defect,but he is not injured.In a product liability suit based on strict product liabil-ity,Fun Toyz may be liable to

Forest & Field Company makes and leases a backhoe to Zac.Due to a defect attributable to Forest & Field's negligence,Zac is injured in an accident in which his neighbor Aaron is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

A warranty against infringement is a promise by the seller that the prod-uct is free from any patent,trademark,or copyright claims of a third person.

Sigrud buys spiked mountain-climbing shoes from Rockridge Gear store. The spikes come out of the shoes when Sigrud is on the side of a mountain,caus-ing her to be injured in a fall.Rockridge breached

Robert is selling his used lawnmower.He wants to disclaim any implied warranties.Robert

Cold Stuf,Inc.,makes snowboards,which it sells to Deep Freeze Sports Store (DFS).DFS sells Cold Stuf boards to consumers,in-cluding Ed.Ed is in-jured while using the board.In a product liabil-ity suit based on strict li-ability,Ed may recover from

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for vio-lating its duty of care with respect to

Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Only a statement made after a contract is entered into can be an express warranty.

Goods must be of the highest quality possible to be merchantable.

In sales law,product liability is assurance by one party of the existence of a fact on which the other party can rely.

Under the doctrine of strict liability,people are liable for the results of their acts only if their intentions are malicious.

Ocean Vessels,Inc.,and Pacific Harbor Company enter into a contract for a sale of a boat.Ocean is a merchant who deals in goods of the kind sold.The goods are defective.Under the UCC,the implied warranty of merchantability is breached

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Ethics and Business Decision Making

Tort Law

Intellectual Property

Internet Law,social Media,and Privacy

Criminal Law and Cyber Crime

Nature and Classification

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Consideration, capacity, and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

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The Formation of Sales and Lease Contracts

Performance and Breach of Sales and Lease Contracts

Negotiability, transferability, and Liability

Checks and Banking in the Digital Age

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Corporate Directors, officers, and Shareholders

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Real Property and Landlord-Tenant Law

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