Exam 25: Product Liability: Warranties and Torts

A seller cannot be held liable for the breach of an express warranty if the seller honestly believed that the warranted statement was true.

A merchant has greater potential warranty liability than does a casual seller.

No law requires a seller to make an express warranty.

The defendant in a defective product suit may be:

Which of the following implied warranties is created when the buyer relies on the seller to pick out the goods that the buyer requires to meet a stated need?

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

The theories of product liability are mutually exclusive.

A seller who makes a written express warranty for consumer goods costing more than $50 must conform to FTC regulations.

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

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

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

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

A full warranty allows the seller to require the buyer to assume the shipping cost of returning the good(s)for repair.

Manufacturers who prepare goods to the buyer's specifications are under exceptionally stringent warranty obligations for fitness for a particular use.

A warranty may be express or implied.

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

If an express warranty is breached:

Whenever a sale of goods is made,certain warranties are implied unless they are expressly excluded.

Strict tort liability is applied:

In applying the "foreign substance/natural substance" liability test in the sale of food or drink,courts hold that there is liability if the seller does not deliver to the buyer goods of the character that the buyer reasonably expected.