Exam 25: Warranties

If it is generally accepted in the trade that a certain product is always preassembled, the failure of the seller to deliver the goods in that condition would be a breach of the ____.

In order to disclaim the implied warranty of fitness for a particular purpose, the seller must disclaim the warranty in writing.

To use common law language a[n] ______ is a material term of the sale or lease contract.

The UCC assumes that the seller has the right to transfer title free and clear of infringements of intellectual property rights of which the buyer does not have knowledge.

Which is true regarding a buyer's right to waive warranties?

What needs to be shown under the UCC for goods to be found merchantable?

Which of the following is true regarding whether Samantha made an implied warranty of merchantability in regard to the blender?

What is the effect of a failure to comply with the statute of limitations?

"Hot Toaster." Rebecca bought a toaster from Super Store and brought it home. A friend of hers, Greg, was at her house making toast. The toaster malfunctioned and shocked Greg resulting in a small burn to his hand requiring medical attention. At a garage sale, Rebecca also purchased a blender from a friend, Samantha, a nurse, with the intention of making smoothies. Unfortunately, the blender was not powerful enough to make smoothies. Assume that not all blenders are designed to provide the texture required for good smoothies. -Which of the following is true regarding whether Samantha made an express warranty to Rebecca that the blender would make smoothies?

"Boat Tow." Donnie went to a new car dealership and told the salesperson, Sally, who was not the manager, that he needed a new car that would get good gas mileage and would also pull his big boat. Sally encouraged him to buy a smaller car that she promised would pull the boat. Sally was new to the job and did not realize that the small car did not have sufficient power to pull the boat for any distance. Donnie bought the car and used it to pull the boat. Unfortunately, the heavy pull on the car did significant damage to the car's engine. Donnie complained to the Sally who denied any liability. Donnie, who had half a semester of business law, informed Sally that along with the sale of the car he also received an express warranty, an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose; and that he could recover under any of those theories. Sally truthfully said that no explicit promises regarding warranties were ever made orally or in writing. -Is Donnie correct that the car was sold with an implied warranty of merchantability?

Marge ordered for her soccer team T-shirts with the name of the school shown on the front. The seller requested that Marge come in to inspect the first T-shirt before the others were made. Marge refused because she was too busy and told the seller to go ahead and print the shirts. On receipt of the shirts, Marge discovered that the school name was misspelled. Does Marge have any rights against the seller, and why or why not?

What is the warranty of assignability at common law?

Which of the following is needed in order for the implied warranty of merchantability to be applied?

What was the result in the "Case Opener" in which a purchaser of a puppy from a person who regularly sold puppies sued the seller for veterinarian bills after the puppy was found to be in poor health?

Because of the rule of privity, warranties may not extend to third parties to a contract.

Assurances by one party that the other party can rely on its representations of fact are referred to as which of the following?

Which of the following is true regarding whether a seller must provide a warranty under the Magnuson-Moss Act?

Which of the following is false regarding express warranties?

Unless otherwise specified, which of the following is true regarding warranties in Hong Kong?

Which of the following was the court's ruling on appeal in First State Bank & Trust Company of Shawnee v. Wholesale Enterprises Inc., the case in the text involving whether the implied warranty of title should be extended to subsequent purchasers?