Deck 25: Warranties

Question 1

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

A) Consensual promises
B) Contractual promises
C) Warranties
D) Affirmances
E) Engagements

Answer 1

C
Explanation: Warranties are assurances by one party that the other party can rely on its representations of fact.

Question 2

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?

A) The court found that the puppy was not a good covered under the UCC, and the plaintiff was denied recovery.
B) The court refused any recovery to the plaintiff on the basis that the seller was not considered a merchant under the UCC and that no implied warranties were made.
C) The buyer in essence had no remedy because the court ruled that the plaintiff's only remedy, which the plaintiff was unwilling to do, was return of the puppy for a refund.
D) The court allowed the buyer to recover the contract price only, not veterinarian bills.
E) The court awarded the plaintiff the veterinary bills finding that the UCC applied and that the seller breached the warranty of merchantability.

Answer 2

E
Explanation: In awarding the plaintiff the veterinarian bills, the court found that a sale of a dog was indeed a sale of a good under UCC Article 2; that the seller was a merchant, and as such the implied warranty of merchantability attached to any sale of goods from that merchant; and that under the UCC and breach of an implied warranty, foreseeable and consequential damages are not only allowed but required in the furtherance of justice.

Question 3

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

Answer 3

False
Explanation: Under the UCC the states are given the following three choices regarding third-party beneficiaries of warranties:
1. Seller's warranties extend to the buyer's household members and guests.
2. Seller's warranties extend to any reasonable and foreseeable user.
3. Seller's warranties extend to anyone injured by the good.

Question 4

A sample or model may constitute an express warranty.

Question 5

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?

A) That the implied warranty of title did not extend to subsequent purchasers.
B) That the implied warranty of title did extend to subsequent purchasers.
C) That the implied warranty of title extended only to subsequent purchasers who purchased within 12 months.
D) That the implied warranty of title extended only to subsequent purchasers who purchased within 4 years.
E) That the implied warranty of title extended only to the first three subsequent purchasers, but no further.

Question 6

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

A) Express warranty
B) Implied warranty
C) Acknowledged warranty
D) Claimed warranty
E) Consequential warranty

Question 7

Which of the following are types of warranties?

A) Express warranties, implied warranties of quality, and acknowledged title warranties
B) Implied warranties of quality and express warranties, but not acknowledged title warranties
C) Acknowledged title warranties, but not express warranties or implied warranties of quality
D) Acknowledged title warranties and express warranties, but not implied warranties of quality
E) Express warranties and implied warranties of quality, but not acknowledged title warranties

Question 8

Express warranties may be found in advertisements.

Question 9

An express warranty is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

Question 10

Which of the following was the result in Welchert v.American Cyanamid Inc.,the case in the text in which the plaintiffs claimed breach of an express warranty after herbicide manufactured by the defendant allegedly caused crop damage,and the issue was whether the Federal Insecticide,Fungicide,and Rodenticide Act preempted claims involving the product's label?

A) The court ruled that the state law claim for breach of express warranty was preempted by FIFRA.
B) The court ruled that the state law claim for breach of express warranty was not preempted by FIFRA.
C) The court ruled that the portion of the state law claim for breach of express warranty was preempted only to the extent that it sought money damages as opposed to equitable relief.
D) The court ruled that the portion of the state law claim for breach of express warranty was preempted only to the extent that it sought equitable relief as opposed to money damages.
E) The court ruled that the state law claim for breach of express warranty was preempted only because it was not filed in a timely manner.

Question 11

The Magnuson-Moss Act requires a full warranty on the sale of goods.

Question 12

To invoke the implied warranty of merchantability,the purchaser or lessee must have purchased or leased the good from a merchant.

Question 13

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

Question 14

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.

Question 15

The UCC adopted the common law of warranties.

Question 16

Which of the following was the result on appeal in Lucy Mydlach v.DaimlerChrysler Corp.,the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

A) The court ruled that a revocation of acceptance claim could be brought against a vehicle manufacturer and that the statute of limitation under the Magnuson-Moss Act began to run when the vehicle was sold.
B) The court ruled that a revocation of acceptance claim could be brought against a vehicle manufacturer and that the statute of limitation under the Magnuson-Moss Act began to run when repairs under warranty were not made as they should have been made.
C) The court ruled that a revocation of acceptance claim could not be brought against a vehicle manufacturer and that the statute of limitation under the Magnuson-Moss Act began to run when the vehicle was sold.
D) The court ruled that a revocation of acceptance claim could not be brought against a vehicle manufacturer and that the statute of limitation under the Magnuson-Moss Act began to run when repairs under warranty were not made as they should have been made.
E) The court ruled that a revocation of acceptance claim could not be brought against a vehicle manufacturer and that the statute of limitation under the Magnuson-Moss Act began to run when the manufacturer was notified that a problem with the vehicle existed.

Question 17

A[n] _____ is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

A) Express warranty
B) Implied warranty
C) Acknowledged warranty
D) Claimed warranty
E) Consequential warranty

Question 18

The UCC assumes that the seller has defective title unless the seller proves otherwise.

Question 19

Which of the following types of warranties are automatically,as a matter of law,injected into a contract?

A) Express warranties, implied warranties of quality, and acknowledged title warranties
B) Implied warranties, but not express warranties or acknowledged title warranties
C) Acknowledged title warranties, but not express warranties or implied warranties of quality
D) Acknowledged title warranties and express warranties, but not implied warranties of quality
E) Express warranties and implied warranties of quality, but not acknowledged title warranties

Question 20

What is the warranty of assignability at common law?

A) That when a party "assigns" a contract to another party, the assignor is impliedly providing a warranty of merchantability.
B) That when a party "assigns" a contract to another party, the assignor is impliedly guaranteeing a warranty of fitness for a particular purpose.
C) That when a party "assigns" a contract to another party, the assignor is impliedly guaranteeing that the rights being assigned are valid.
D) That when a party "assigns" a contract to another party, the assignor is expressly guaranteeing a warranty of merchantability for fitness.
E) That when a party "assigns" a contract to another party, the person being assigned contractual rights expressly agrees to provide consideration.

Question 21

Which of the following is true regarding the implied warranty of fitness for a particular purpose?

A) It applies in every case in which an express warranty is found.
B) It applies in every case in which an implied warranty of merchantability is found.
C) It is a common law doctrine not followed by the UCC which recognizes only the implied warranty of merchantability.
D) It applies in every sales transaction involving a merchant.
E) It may be applied to sellers who are not merchants.

Question 22

Which of the following is false regarding what is necessary in order for goods to be merchantable?

A) That goods pass without objection in the trade or market for similar goods.
B) That goods be fit for the ordinary purposes for which such goods are used.
C) That goods be adequately contained, packaged, and labeled as the agreement may require.
D) That goods conform to the promises or affirmations made on the container or label, if any.
E) That goods be sold without variation.

Question 23

What Western law refers to as a warranty is called a[n] _____ in Kazakhstan.

A) Agreement
B) Confirmation
C) Promise estopped
D) Pledge
E) Acknowledgment

Question 24

Which of the following best expresses the court's opinion in the case nugget Jackson v.Bumble Bee Seafoods Inc.,in which the plaintiff sued after small fish bones were found in canned tuna fish the plaintiff ate?

A) That the plaintiff could not recover because the bone was not a foreign substance to the fish and should have been expected.
B) That the plaintiff could recover based upon the implied warranty of fitness for a particular purpose.
C) That the plaintiff could recover based on an express warranty.
D) That the plaintiff could recover based upon the implied warranty of merchantability because even through bones are not a foreign substance to fish, they are not expected in small pieces of tuna fish.
E) That the plaintiff could not recover because no food has warranties attached to it.

Question 25

Which of the following was the result in Melissa Kahn v.Volkswagen of America Inc.,the case in the text in which the plaintiff attempted to hold the manufacturer liable for problems with a vehicle she leased from a dealership?

A) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of merchantability.
B) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of fitness for a particular purpose.
C) The court ruled that the plaintiff could recover from the manufacturer based upon the theory of express warranty.
D) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of trade usage.
E) The court ruled that the plaintiff could not recover from the manufacturer.

Question 26

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

A) A buyer may not waive warranties.
B) A buyer may waive implied warranties but not express warranties.
C) A buyer may waive express warranties but not implied warranties.
D) A buyer may waive both express warranties and implied warranties.
E) A buyer may waive express warranties and the implied warranty of fitness for a particular purpose, but not the implied warranty of merchantability.

Question 27

Which of the following is true regarding disclaimers of the implied warranty of merchantability?

A) Any attempt to disclaim the implied warranty of merchantability is per se unconscionable, but a court will enforce the disclaimer if the buyer is another merchant and is fully informed of the disclaimer.
B) Any attempt to disclaim the implied warranty of merchantability is per se unconscionable, and a court will refuse to enforce the disclaimer.
C) Under some situations, a disclaimer of the implied warranty of merchantability may be made within 10 days after a sale.
D) A disclaimer of the implied warranty of merchantability may be done orally.
E) By federal law, there is no requirement that the term "merchantability" be used in any disclaimer.

Question 28

Which of the following was the result in the case of Webster v.Blue Ship Tea Room Inc.,the case in which the plaintiff sued after getting a bone caught in her throat while eating fish chowder?

A) That the plaintiff could recover based upon the implied warranty of merchantability.
B) That the plaintiff could recover based upon the implied warranty of fitness for a particular purpose.
C) That the plaintiff could recover based on an express warranty.
D) That the plaintiff could recover based on either breach of an express warranty or breach of the implied warranty of merchantability.
E) That the plaintiff could not recover because the bone was not a foreign substance to the fish and should have been expected.

Question 29

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

A) It operates as a waiver of warranty rights under the contract.
B) There is no effect so long as the plaintiff can establish that he or she was not aware of the statute of limitations.
C) It operates as a waiver of warranty rights only if the defendant can establish that the plaintiff had actual knowledge of the statute of limitations.
D) It results in the plaintiff only having the right to sue for injunctive relief, not damages.
E) It results in the plaintiff only having the right to sue for damages, not injunctive relief.

Question 30

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

A) Both parties must be merchants and a sale, not a lease, must be involved.
B) Both parties must be merchants, and either a sale or lease must be involved.
C) The seller must be a merchant and a sale, not a lease, must be involved.
D) The seller must be a merchant, and either a sale or lease must be involved.
E) The seller must be a merchant, goods valued at over $500 must be involved, and either a sale or lease must be involved.

Question 31

How may a buyer waive implied and express warranties?

A) A buyer may waive both implied and express warranties through (1) failing to examine goods for which an express warranty was created by a sample or model or (2) failing to comply with the seller's request to inspect the goods.
B) A buyer may waive an implied warranty by failing to comply with the seller's request to inspect the goods, but an express warranty may only be waived by failing to examine goods for which an express warranty was created by a sample or model.
C) A buyer may waive an express warranty by failing to comply with the seller's request to inspect the goods, but an implied warranty may only be waived by failing to examine goods for which an express warranty was created by a sample or model.
D) A buyer may waive both implied and express warranties only through signing a statement that such warranties are waived.
E) A buyer may waive implied warranties only through signing a statement that such warranties are waived, but a buyer may waive express warranties through (1) failing to examine goods for which an express warranty was created by a sample or model or (2) failing to comply with the seller's request to inspect the goods.

Question 32

Business law teacher Penny is very sensitive about her upcoming 40^th birthday.Her students decide to surprise her with a cake.On behalf of her class,Brent,a student,goes to the bakery and orders a cake that says "Happy Birthday - You Look Great!" The salesclerk said that there was no problem in having the cake ready and that it should make the birthday girl feel great.Brent was in a big hurry when he went to pick up the boxed cake.Although the salesclerk asked Brent to take a look at the cake,he declined.Unfortunately,when the cake was opened up in class,the icing said "Happy Birthday - You Look Gray!" The students were mortified,and Penny angrily left the room vowing to give a difficult final.Which of the following is true regarding what warranties the bakery breached,if any?

A) Because the salesclerk promised that there would be no problem with the cake, the bakery breached an express warranty and is liable for damages.
B) The bakery breached the warranty of merchantability and is liable for damages.
C) Because the salesclerk promised that the cake would make the birthday girl feel great, the bakery breached the implied warranty of fitness for a particular purpose and is liable for damages.
D) Because food was involved, no warranties were made.
E) Because Brent failed to inspect the cake, he waived implied and express warranties.

Question 33

Which of the following options have most states adopted in regard to warranty rights of third parties?

A) Seller's warranties extend to the buyer's household members and guests.
B) Seller's warranties extend to any reasonable and foreseeable user.
C) Seller's warranties extend to anyone injured by the good.
D) Seller's warranties extend to the buyer only.
E) Seller's warranties extend to the buyer and the buyer's family only.

Question 34

Molly goes to the store and buys a toaster that shocks her when she plugs it into the outlet.She returns it to the store and was told that the seller provided no warranties and that she would have to return it to the overseas manufacturer even if the postage to return it to the manufacturer would amount to more than the toaster is worth.Molly believes that is ridiculous.Who is correct under the UCC and why?

A) Molly is correct because by selling the toaster, the seller made an implied warranty of merchantability.
B) Molly is correct because by selling the toaster, the seller made an express warranty.
C) Molly is correct because by selling the toaster, the seller made an implied warranty of fitness for a particular purpose.
D) The seller is correct because only the manufacturer is responsible for warranties on consumer goods.
E) The seller is correct because while the seller is responsible for warranties for consumer goods costing in excess of $500, only the manufacturer is responsible for lower-priced consumer goods.

Question 35

Jack went into a hardware store to purchase a saw; and as to a particular saw,the salesclerk said,"This saw will cut through metal." Jack purchased the saw.What kind of warranty,if any,did the salesclerk make through the statement?

A) The salesclerk made an express warranty, a warranty of trade usage, and a warranty of fitness for a particular purpose.
B) The salesclerk made a warranty of fitness for a particular purpose, but not an express warranty of a warranty of trade usage.
C) The salesclerk made an express warranty and a warranty of trade usage, but not a warranty of fitness for a particular purpose.
D) The salesclerk made an express warranty, but not a warranty of fitness for a particular purpose or a warranty of trade usage.
E) The salesclerk made a warranty of trade usage, but not a warranty of fitness for a particular purpose or an express warranty.

Question 36

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

A) Warranties are not recognized in Hong Kong.
B) Time of payment and delivery are considered warranties.
C) Time of payment is considered a warranty, but delivery is not considered a warranty.
D) Delivery is considered a warranty, but time of payment is not considered a warranty.
E) Conditions are considered the same as warranties.

Question 37

Which of the following is false regarding express warranties?

A) They may be part of a brochure.
B) They may not arise from a salesperson's oral promise.
C) A sample may provide an express warranty.
D) They may be part of a written sales or lease contract.
E) A model may provide an express warranty.

Question 38

Jack went into a hardware store to purchase a saw.He told the salesclerk that he wanted a saw that would cut through copper tubing.The salesclerk referred Jack to a wall of saws,and Jack purchased one.What kind of warranty,if any,did the salesclerk make?

A) The salesclerk made an express warranty, a warranty of trade usage, and a warranty of fitness for a particular purpose.
B) The salesclerk made a warranty of fitness for a particular purpose, but not an express warranty of a warranty of trade usage.
C) The salesclerk made an express warranty and a warranty of trade usage, but not a warranty of fitness for a particular purpose.
D) The salesclerk made an express warranty, but not a warranty of fitness for a particular purpose or a warranty of trade usage.
E) The salesclerk made a warranty of trade usage, but not a warranty of fitness for a particular purpose or an express warranty.

Question 39

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 ____.

A) Implied warranty of merchantability
B) Implied warranty of fitness for a particular purpose
C) Implied warranty of trade usage
D) Express warranty of integrity
E) Implied warranty of quality

Question 40

A salespersons' exaggerations that would not be classified as a warranty are known as ______.

A) Puffing
B) Falsehood
C) Innocent misrepresentation
D) Fraudulent misrepresentation
E) Improper inducement

Question 41

Which of the following is true regarding whether Samantha made an express warranty to Rebecca that the blender would make smoothies?

A) Samantha made an express warranty by not speaking up regarding the blender's power.
B) Samantha made an express warranty by not speaking up regarding the blender's power only if Rebecca can prove that Samantha knew it was not a high-power blender.
C) Samantha made an express warranty by not speaking up regarding the blender's power only if Rebecca can prove that Samantha knew she wanted to make smoothies.
D) Samantha made an express warranty by not speaking up regarding the blender's power only if Samantha can prove that she, Samantha, was unaware that the blender was not a high-power blender.
E) Samantha did not make an express warranty.

Question 42

Is the manager correct that the store did not warranty products?

A) Yes, because unless Clara had a written promise specifically providing for a warranty, the computer was sold without a warranty.
B) Yes, because unless Clara had an oral promise specifically promising a warranty or a written contract specifically providing for a warranty, the computer was sold without a warranty.
C) No, because the computer was sold with a warranty of merchantability.
D) No, because the computer was sold with a warranty of merchantability and also with a warranty of fitness for a particular purpose.
E) No, because the computer was sold with a warranty of merchantability, with a warranty of fitness for a particular purpose, and also with an express warranty.

Question 43

Under the UCC which of the following rights,if any,does Greg have in most states against Super Store?

A) None because he did not buy the toaster.
B) None because he has no privity.
C) None because he was not married to Rebecca.
D) He may sue but only if Rebecca joins in the suit with him.
E) He likely has a right to sue.

Question 44

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

A) A seller must provide an express, full warranty.
B) A seller must provide an implied, full warranty.
C) A seller must provide at least an express, limited warranty.
D) A seller must provide at least an implied, limited warranty.
E) The act does not require that the seller provide any warranties.

Question 45

Assuming adoption of the UCC,which of the following is true regarding whether the buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC?

A) The buyer and seller may not negotiate a longer time for the statute of limitations than that allowed by the UCC.
B) The buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC without any limits.
C) The buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC so long as the time period in which to sue does not extend past one year from the date of breach.
D) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC so long as the time period in which to sue does not extend beyond five years from the date of breach.
E) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC so long as the time period in which to sue does not extend beyond six years from the date of breach.

Question 46

Which of the following is the most likely result if Clara sues based upon the statement of Harold that the store carried the best computers in the state,even in the country?

A) She would win so long as the store cannot prove that Clara knew Harold was just giving his opinion.
B) She would win so long as she can prove that she did not know that Harold was only giving his opinion.
C) She may rely on the statement and win because it was made by Harold in his capacity as a manager, not by an uninformed sales clerk.
D) She would lose because Harold was only expressing his opinion.
E) She would lose because a consumer good was involved.

Question 47

Under the Magnuson-Moss Act,what is the effect of a full warranty?

A) It means that if the good fails or is defective, the good or its defective part will be replaced; and if replacement cannot be timely effected, the buyer has the right to a refund or a full replacement.
B) It means only that the good or its defective part will be repaired. The buyer has no other remedy.
C) It means that the good or its defective part will be repaired or replaced if it cannot be repaired. The buyer has no other remedy.
D) It means that the buyer must be immediately refunded the full purchase price.
E) It means that the buyer has the option of an immediate refund of the full purchase price or repair of the good.

Question 48

Which of the following is required by the Magnuson-Moss Act when the seller issues a written warranty for a consumer good?

A) The seller must indicate whether that warranty is a full warranty or a limited warranty.
B) The seller must provide a full warranty and must indicate as such.
C) The seller must provide a warranty of merchantability, but no other warranties, and must indicate as such.
D) The seller must provide an implied warranty of trade usage, but no other warranties, and must indicate as such.
E) The seller must provide an implied warranty of trade usage and an implied warranty of merchantability, but not other warranties, and must indicate as such.

Question 49

Which of the following is true under the Magnuson-Moss Act if a written warranty is silent as to whether or not it is a full warranty?

A) It is presumed to be a limited warranty.
B) It is presumed to be an express, limited warranty.
C) It is presumed to be a limited warranty of merchantability.
D) It is presumed to be a limited usage of trade warranty.
E) It is presumed to be a full warranty.

Question 50

When was the Magnuson-Moss Act passed?

A) 1950
B) 1955
C) 1970
D) 1975
E) 2000

Question 51

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

A) There is no implied warranty of merchantability because of a lack of evidence that Samantha made any express statements regarding the blender.
B) There is no implied warranty of merchantability because a consumer appliance was involved.
C) There is no implied warranty of merchantability because Samantha was not a merchant in respect to consumer appliances.
D) There was an implied warranty of merchantability because a consumer appliance was involved.
E) There was an implied warranty of merchantability because no merchant in goods of that type was involved.

Question 52

Is Donnie correct that the car was sold with an implied warranty of merchantability?

A) No, because there was no writing guaranteeing the warranty signed by the salesperson.
B) No, because Sally was only engaged in puffing.
C) No, because only the manager can make such a warranty.
D) Yes, but only because Sally verbally made certain promises.
E) Yes, because there was a reasonable expectation of how the vehicle would perform.

Question 53

Assuming adoption of the UCC,which of the following is true regarding whether the buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC?

A) The buyer and seller may not negotiate a shorter time for the statute of limitations than that allowed by the UCC.
B) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC without any limits.
C) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC so long as the time period is not less than one year.
D) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC so long as the time period is not less than six months.
E) The buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC so long as the time period is not less than two years.

Question 54

Prudence purchased a new printer for her business from ABC Company.Three years to the day after she purchased the printer,she started noticing problems with it.She negotiated with ABC Company,but was unable to get a resolution to her problems.She sued ABC Company four years and one day after she bought the printer.ABC Company defended on the basis that it was only the seller,not the manufacturer,and also on the basis of the statute of limitations.Assuming the printer is defective and the court follows the reasoning of the case in the text Melissa Kahn v.Volkswagen of America Inc.,which of the following is true regarding the positions of the parties?

A) ABC Company will win because although Prudence sued within the statute of limitations, in such situations Prudence must sue the manufacturer.
B) ABC Company will win because although Prudence correctly sued the seller, Prudence filed suit outside the four year statute of limitations.
C) ABC Company will win because in such situations Prudence must sue the manufacturer and also because Prudence filed suit outside the four year statute of limitations.
D) Prudence will be allowed to proceed because she can hold ABC Company responsible and because the statute of limitation was tolled during negotiations, she sued on a timely basis.
E) Prudence will win because she can hold ABC Company responsible and because there is no statute of limitations for business goods of this type.

Question 55

Will Donnie likely be able to recover damages based upon a breach of the implied warranty of merchantability?

A) No, because the implied warranty of merchantability was that the car would, for example, be fit for the ordinary purposes for which such goods are used. Pulling the boat was not an ordinary purpose for that small car.
B) Yes, because Donnie informed Sally about the need for the car to pull the boat.
C) Yes, because Sally told Donnie that the car would pull the boat.
D) No, because of the lack of an implied warranty of fitness for a particular purpose.
E) No, because there was no warranty of merchantability.

Question 56

Is Donnie correct that the car was sold with an implied warranty of fitness for a particular purpose?

A) Yes, because it was promised that the car would pull the boat.
B) No, because Sally was only engaged in puffing.
C) No, because only the manager can make such a warranty.
D) No, because Sally made only a warranty of merchantability, not a warranty of fitness for a particular purpose.
E) No, because no implications were made.

Question 57

Which of the following is true regarding whether Samantha made an implied warranty of fitness for a particular purpose to Rebecca that the blender would make smoothies?

A) Samantha did not make an implied warranty of fitness for a particular purpose because there is no proof that Rebecca was relying on Samantha to make the selection.
B) Samantha did not make an implied warranty of fitness for a particular purpose because Samantha is not a merchant.
C) Samantha did not make an implied warranty of fitness for a particular purpose because no express warranty was made.
D) Samantha made an implied warranty of fitness for a particular purpose to Rebecca that the blender would make smoothies because she had a duty to tell Samantha otherwise.
E) Regardless of whether she said anything or not, Samantha made both an express warranty and a warranty of fitness for a particular purpose.

Question 58

Which of the following would represent Harold's defense that he was only giving his opinion that the store carried the best computers in the state,even in the country?

A) Express warranty
B) Implied warranty
C) Warranty of fitness for a particular purpose
D) Acknowledged warranty
E) Puffing

Question 59

Based only on the facts presented,what type of warranty did Super Store give Rebecca upon the sale?

A) An express warranty
B) An implied warranty of merchantability
C) An implied warranty of fitness for a particular purpose
D) An acknowledged warranty
E) A warranty of trade usage

Question 60

Under the UCC,the buyer must bring a lawsuit on a breached contract within ______ year(s)of when the breach occurred or when the buyer became aware of it.

A) One
B) Two
C) Three
D) Four
E) Six

Question 61

Set forth when an implied warranty of fitness for a particular purpose will be found.

Question 62

What options does the UCC give states in regard to warranties extending to third-party beneficiaries of warranties,and which option have most states adopted?

Question 63

List the exceptions to title warranties.

Question 64

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?

Question 65

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