Question 1

An express warranty arises when goods are purchased based on a catalog illustration.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following must be proven by a plaintiff to recover for strict liability in tort?

Accepted Answer

A)  negligence of the seller or manufacturer 
B)  recklessness of the seller or manufacturer 
C)  unreasonably dangerous defects in goods that cause harm 
D)  privity of contract between the manufacturer and the buyer 
A)  negligence of the seller or manufacturer 
B)  recklessness of the seller or manufacturer 
C)  unreasonably dangerous defects in goods that cause harm 
D)  privity of contract between the manufacturer and the buyer

Question 3

The right to sue for damages sustained from a defective product is reserved exclusively to the buyer of such goods.

Accepted Answer

A) True 
 B)False

Question 4

How do the warranty provisions under the CISG compare to the provisions of the UCC?

Accepted Answer

A)  In most instances, the standards are the same. 
B)  In all instances, the standards are the same. 
C)  The CISG standards are stricter when compared to the UCC standards. 
D)  The standards are completely different. 
A)  In most instances, the standards are the same. 
B)  In all instances, the standards are the same. 
C)  The CISG standards are stricter when compared to the UCC standards. 
D)  The standards are completely different.

Question 5

A warranty is limited if:

Accepted Answer

A)  only the original buyer is covered by the warranty. 
B)  the buyer must pay any cost for repair or replacement of a defective product. 
C)  it covers only part of the product purchased. 
D)  all of the above. 
A)  only the original buyer is covered by the warranty. 
B)  the buyer must pay any cost for repair or replacement of a defective product. 
C)  it covers only part of the product purchased. 
D)  all of the above.

Question 6

Which of the following is not a product liability theory that protects buyers and allows them to recover for injury and economic loss?

Accepted Answer

A)  express warranty 
B)  implied warranty 
C)  strict tort liability 
D)  assumption of the risk 
A)  express warranty 
B)  implied warranty 
C)  strict tort liability 
D)  assumption of the risk

Question 7

If the theory of privity of contract still applied, it would be difficult for purchasers injured by defective goods to sue manufacturers.

Accepted Answer

A) True 
 B)False

Question 8

It is necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee."

Accepted Answer

A) True 
 B)False

Question 9

Thelma purchased from Hall a used truck that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made "as is" and the truck was a used truck. Were these defenses valid?

Accepted Answer

The "as is" provision of the contract ex

Question 10

Only the parties to a sales contract could sue each other under the traditional concept of:

Accepted Answer

A)  exclusivity of contract. 
B)  privity of contract. 
C)  privacy of contract. 
D)  priority of contract. 
A)  exclusivity of contract. 
B)  privity of contract. 
C)  privacy of contract. 
D)  priority of contract.

Question 11

An express guarantee is governed by the UCC, and warranties are governed primarily by the common law of contracts.

Accepted Answer

A) True 
 B)False

Question 12

The defendant in a defective product suit may be:

Accepted Answer

A)  the seller. 
B)  the manufacturer. 
C)  the manufacturer of a component part. 
D)  all of the above. 
A)  the seller. 
B)  the manufacturer. 
C)  the manufacturer of a component part. 
D)  all of the above.

Question 13

Which of the following statements made by the seller does not likely constitute an express warranty?

Accepted Answer

A)  "This looks beautiful on you." 
B)  "This is 100 percent wool." 
C)  "This motor generates 100 horsepower." 
D)  "This is a 3.2 liter rotary engine." 
A)  "This looks beautiful on you." 
B)  "This is 100 percent wool." 
C)  "This motor generates 100 horsepower." 
D)  "This is a 3.2 liter rotary engine."

Question 14

Plaintiffs suing for damages caused by a defective product are limited to taking action only against the manufacturer(s) of such goods.

Accepted Answer

A) True 
 B)False

Question 15

When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists.

Accepted Answer

A) True 
 B)False

Question 16

Unless otherwise agreed, every merchant seller warrants that goods are sold free of any rightful claim by any third party.

Accepted Answer

A) True 
 B)False

Question 17

The theories of product liability

Accepted Answer

A)  are mutually exclusive. 
B)  are not mutually exclusive. 
C)  are set forth exclusively in the UCc. 
D)  are set forth exclusively in the common law. 
A)  are mutually exclusive. 
B)  are not mutually exclusive. 
C)  are set forth exclusively in the UCc. 
D)  are set forth exclusively in the common law.

Question 18

In most instances, the mere fact that a sale was made gives rise to a(n):

Accepted Answer

A)  express warranty. 
B)  limited warranty. 
C)  full warranty. 
D)  implied warranty. 
A)  express warranty. 
B)  limited warranty. 
C)  full warranty. 
D)  implied warranty.

Question 19

With used or secondhand goods, what is fit for normal use will be:

Accepted Answer

A)  a higher standard than with new goods. 
B)  a lower standard than with new goods. 
C)  the same standard as with new goods. 
D)  a non-applicable standard, as the goods are not new. 
A)  a higher standard than with new goods. 
B)  a lower standard than with new goods. 
C)  the same standard as with new goods. 
D)  a non-applicable standard, as the goods are not new.

Question 20

The warranty of merchantability guarantees that the:

Accepted Answer

A)  party in question is a merchant. 
B)  product is fit for the ordinary purposes for which it is sold. 
C)  product will remain fit for its normal use for the applicable statute of limitations period. 
D)  product can be resold by the buyer if the buyer does not want to keep it. 
A)  party in question is a merchant. 
B)  product is fit for the ordinary purposes for which it is sold. 
C)  product will remain fit for its normal use for the applicable statute of limitations period. 
D)  product can be resold by the buyer if the buyer does not want to keep it.

Exam 25: Product Liability: Warranties and Torts

An express warranty arises when goods are purchased based on a catalog illustration.

Which of the following must be proven by a plaintiff to recover for strict liability in tort?

The right to sue for damages sustained from a defective product is reserved exclusively to the buyer of such goods.

How do the warranty provisions under the CISG compare to the provisions of the UCC?

A warranty is limited if:

Which of the following is not a product liability theory that protects buyers and allows them to recover for injury and economic loss?

If the theory of privity of contract still applied, it would be difficult for purchasers injured by defective goods to sue manufacturers.

It is necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee."

Only the parties to a sales contract could sue each other under the traditional concept of:

An express guarantee is governed by the UCC, and warranties are governed primarily by the common law of contracts.

The defendant in a defective product suit may be:

Which of the following statements made by the seller does not likely constitute an express warranty?

Plaintiffs suing for damages caused by a defective product are limited to taking action only against the manufacturer(s) of such goods.

When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists.

Unless otherwise agreed, every merchant seller warrants that goods are sold free of any rightful claim by any third party.

The theories of product liability

In most instances, the mere fact that a sale was made gives rise to a(n):

With used or secondhand goods, what is fit for normal use will be:

The warranty of merchantability guarantees that the:

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