Exam 36: Contracts and Consumer Protection

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Harry and Ilsa agree to a contract subject to the UCC.A dispute arises,and Harry files a suit against Ilsa,alleging breach of contract.Harry is not likely to win if Ilsa adhered to

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C

A state statute provides that a manufacturer has no duty to warn of "a material risk that should be obvious to a reasonably prudent product user." According to the majority in Greene v.A.P.Products,Ltd. ,a "material risk" is

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C

V-Power Corporation contacts Windstar,Inc. ,to buy wind farm equipment.In an exchange of e-mail,the parties agree to terms.When Windstar sells the equipment to Xtra Generation Company,V-Power files a suit against Windstar for breach of contract.Windstar argues that e-mail is not an appropriate means of communication in their industry.The court is most likely to rule that Windstar must prove that in their industry

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D

Under the statute in the previous question,VividAire,Inc. ,makes and markets aromatic liquid air fresheners.The products' labels do not warn against ingesting the liquid.Under the reasoning of the majority in the Greene case,the conclusion in VividAire's situation would be that

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In the facts of the previous questions,according to the reasoning of the dissent in the Greene case,VividAire may owe consumers of air freshener

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Pearl and Quincey agree to a contract subject to the UCC.A suit based on a breach of the UCC's requirement of good faith and fair dealing can be maintained

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GR8 Cereal Company contacts Harvest Distillers,Inc.(HDI),to buy grain.In an exchange of e-mail,the parties agree to the terms.When HDI sells the grain to Ideal Breakfast Corporation,GR8 files a suit against HDI for breach of contract.The court is most likely to hold that there was

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