Business Law Ch 18 & 19
The Magnuson-Moss Warranty Act applies only when written warranties are made voluntarily on consumer products that cost more than _______. $5 $10 $15 $1
$15
The Magnuson-Moss Warranty Act applies only when written warranties are made voluntarily on consumer products that cost more than _______. $5 $15 $1 $10
$15
Which section of the UCC defines the term merchant? 3-107 2-104 1-102 2-314
2-104
What UCC section covers unconscionable disclaimers? 2-104 2-302 1-107 4-204
2-302
What UCC section covers unconscionable disclaimers? 2-302 1-107 4-204 2-104
2-302
Which of the following warranties are covered by the Magnuson-Moss Warranty Act? A written statement of fact made by a seller relating to the quality of a product over a period of time. An express warranty of the quality of a product made verbally A written promise to repair a product if it fails to meet written specifications An express warranty created by sample
A written statement of fact made by a seller relating to the quality of a product over a period of time. A written promise to repair a product if it fails to meet written specifications
What is the term for when circumstances make such an agency necessary? Agency by agreement Agency by consideration Agency by ratification Agency by necessity
Agency by necessity
What is the term for when the court finds the need to create an agency? Agency by operation of law Agency by ratification Agency by common law Agency by necessity
Agency by operation of law
What is the term for when a principal approves an unauthorized act performed by an agent? Agency by ratification Agency by necessity Agency by agreement Agency by consideration
Agency by ratification
What is the term for a person who represents another? Principal Agent Guarantor Incorporator
Agent
What is the term for a person who represents another? Principal Guarantor Agent Incorporator
Agent
What are the common methods for creating an agency? Injunction Agreement Contract Third-party inference
Agreement Contract
________ with the legal right to perform an act may delegate that performance to another by appointing an agent. Any competent party Only individuals Only employers Any incompetent party
Any competent party
What is the term for the authority a third party reasonably assumes an agent possesses, despite the fact that the agent does not possess such authority? Express authority Implied authority Apparent authority Corporate authority
Apparent authority
What is the term for the authority a third party reasonably assumes an agent possesses, despite the fact that the agent does not possess such authority? Implied authority Corporate authority Express authority Apparent authority
Apparent authority
What is the term for an agent appointed then a power of attorney is exercised? Attorney pro bono Guardian ad litem Attorney-at-law Attorney in fact
Attorney in fact
What is the term for an agreement that vests authority in an agent to represent a principal? Contract for competency Contract for deed Contract of agency Contract for consideration
Contract of agency
What is the term for what a warranty usually means in similar transactions? Custom of the corporation Express warranty by description Custom of the marketplace Express warranty by model
Custom of the marketplace
What is the term for a denial or repudiation of an express warranty? Disclaimer Affirmation Puffing Consideration
Disclaimer
What is the term for a denial or repudiation of an express warranty? Puffing Affirmation Disclaimer Consideration
Disclaimer
What is the term for a document that appoints an individual as an agent with authority to make decisions on behalf of the principal in the event that the principal becomes incompetent? Durable power of attorney Writ of necessity Durable writ of attorney General agency agreement
Durable power of attorney
What is the term for a document that appoints an individual as an agent with authority to make decisions on behalf of the principal in the event that the principal becomes incompetent? General agency agreement Durable power of attorney Durable writ of attorney Writ of necessity
Durable power of attorney
The authority of an agent can be: Express Apparent Implied Arbitrary
Express Apparent Implied
The authority of an agent can be: Express Arbitrary Implied Apparent
Express Implied Apparent
What is the term for the specifically stated authority actually given by the principal? Apparent authority Implied authority Express authority Corporate authority
Express authority
What is the term for the specifically stated authority actually given by the principal? Express authority Corporate authority Implied authority Apparent authority
Express authority
Mailings sent by the seller to the buyer after a purchase to reassure the buyer that he/she made a good purchase could be considered what type of warranty? Puffing warranty Express warranty Corporate warranty Implied warranty
Express warranty
What type of warranty is an explicit and specifically stated promise? Corporate warranty Implied warranty Voidable warranty Express warranty
Express warranty
What type of warranty is created by a description of goods as part of the bargain? Express warranty by promise Implied warranty by description Implied warranty by practice Express warranty by description
Express warranty by description
True or false: Corporations do not have the legal right to appoint agents. True False
False
True or false: Everything a salesperson communicates can be construed as a warranty. True False
False
True or false: In an employer-employee relationship, the contact between the consumer and business generally gives the employee rights similar to an agent. True False
False
True or false: The Magnuson-Moss Act makes no distinction between a full warranty and a limited warranty. True False
False
What is the term for the type of warranty that promises a defective product will be repaired without charge within a reasonable period of time? Corporate warranty Full warranty Limited warranty Disclaimer
Full warranty
What is the term for the type of warranty that promises a defective product will be repaired without charge within a reasonable period of time? Full warranty Corporate warranty Disclaimer Limited warranty
Full warranty
Which of the following are types of warranties under the Magnuson-Moss Act? Full warranty Corporate warranty Insured warranty Limited warranty
Full warranty Limited warranty
Which of the following are types of warranties under the Magnuson-Moss Act? Full warranty Insured warranty Corporate warranty Limited warranty
Full warranty Limited warranty
What is the term for a person who is authorized to assume complete charge of his or her principal's business? Special agent Attorney in fact General agent Liability agent
General agent
What is the term for an agent who acts on behalf of a principal without being paid? Undisclosed agent Gratuitous agent Compensatory agent Fiduciary agent
Gratuitous agent
What is the term for a court-appointed agent that has authority to provide necessities to a child? General agent Special master Guardian ad litem Pro bono attorney
Guardian ad litem
Which of the following is the type of authority an agent reasonably assumes they possess, based on the express authority granted by the principal? Court-ordered authority Corporate authority Implied authority Express authority
Implied authority
What is the term for a guarantee suggested or inferred by the seller to the buyer from the facts and circumstances? Insurance warranty Implied warranty Corporate warranty Express warranty
Implied warranty
What is the term for the legal assumption that goods sold by certain sellers are fit to be sold or resold? Implied warranty of fitness for a particular purpose Implied warranty of merchantability Implied warranty of lesser consideration Express warranty
Implied warranty of merchantability
What is the term for the legal assumption that goods sold should be fit for their intended use? Implied warranty of fitness for a particular purpose Custom of the marketplace Implied warranty of merchantability Express warranty of corporate consideration
Implied warranty of merchantability
The principal cannot terminate which type of agency contract? At-will Fiduciary Corporate Irrevocable
Irrevocable
The principal cannot terminate which type of agency contract? At-will Fiduciary Irrevocable Corporate
Irrevocable
What is the term for statutes that provide remedies to consumers for products that fail to meet certain standards of quality and performance? Lemon laws Red laws Blue laws Blue sky laws
Lemon laws
What is the term for a warranty under the Magnuson-Moss Act that does not meet the requirements of a full warranty? Contractual promise Corporate warranty Limited warranty Insurance warranty
Limited warranty
What is the term for a warranty under the Magnuson-Moss Act that does not meet the requirements of a full warranty? Contractual promise Insurance warranty Limited warranty Corporate warranty
Limited warranty
Which of the following are types of warranties under the Magnuson-Moss Act? Limited warranty Corporate warranty Full warranty Insured warranty
Limited warranty Full warranty
A disclaimer _______ the effectiveness of a warranty. cancels limits enhances protects
Limits
Which of the following is a federal statute that addresses many different kinds of abuses to consumers related to warranties? Magnuson-Moss Warranty Act Family Medical and Leave Act Lanham Act Smith Riley Warranty Act
Magnuson-Moss Warranty Act
What is the term for the legal document that formally creates an agency? Power of attorney Writ of attorney Motion of attorney Injunction of attorney
Power of attorney
What is the term for the person that the agent represents or performs duties for? Delegatee Organizer Principal Third party
Principal
What is the term for a person delegated to act only in a particular transaction? General agent Attorney in fact Liability agent Special agent
Special agent
Which of the following covers oral express warranties? The Magnuson-Moss Warranty Act The Uniform Commercial Code The United States Constitution The Lanham Act
The Uniform Commercial Code
Which of the following covers oral express warranties? The United States Constitution The Uniform Commercial Code The Magnuson-Moss Warranty Act The Lanham Act
The Uniform Commercial Code
In general, who can be held personally liable if an agent exceeds his or her authority granted by principal? The agent A third party The principal The judge
The agent
Who is liable if the agent creates losses to the principal due to incompetence? The agent A third party The court The principal
The agent
Who is liable if the agent creates losses to the principal due to incompetence? The principal The court The agent A third party
The agent
Who is able to sue for damages for breach of warranty under the Magnuson-Moss Act? The consumer The Secretary of State The seller The commercial competitor
The consumer
Who is able to sue for damages for breach of warranty under the Magnuson-Moss Act? The consumer The seller The Secretary of State The commercial competitor
The consumer
If the agent acted within their scope of authority, who is responsible to a third party for agreements made by the agent? The principal The agent The state The third party
The principal
Who is responsible for debts that are legally paid to third parties on behalf of the principal? The agent The principal The state The agent and principal, jointly
The principal
Who is responsible for debts that are legally paid to third parties on behalf of the principal? The state The agent The agent and principal, jointly The principal
The principal
Who is responsible for paying the agent the compensation agreed to in the contract? A third party The principal The agent The state
The principal
If an agent commits torts or crimes at the direction of the principal, who could be held liable for the unlawful acts of the agent? The court The principal The agent A third party
The principal The agent
How long is the time limit on a full warranty? 30 days after the goods are sold There is no time limit 90 days after the goods are sold One year after the goods are sold
There is no time limit
How long is the time limit on a full warranty? 90 days after the goods are sold There is no time limit One year after the goods are sold 30 days after the goods are sold
There is no time limit
True or false: An attorney in fact only has authority to perform certain acts on behalf of the principal, as specified in the power of attorney. True False
True
True or false: Express warranties can be made after the transaction has been completed. True False
True
True or false: If the agent makes a fraudulent statement in a contract within their scope of authority, the third party may cancel or affirm the contract and recover compensation. True False
True
____________ disclaimers are ones that are oppressive or unfair. Conspicuous Limited Implied Unconscionable
Unconscionable
____________ disclaimers are ones that are oppressive or unfair. Unconscionable Conspicuous Implied Limited
Unconscionable
What is the term for when an agent does not inform the third party that they are acting on behalf of another person? Disclosed principal Partially disclosed principal Corporate principal Undisclosed principal
Undisclosed principal
What is the term for when an agent does not inform the third party that they are acting on behalf of another person? Partially disclosed principal Corporate principal Disclosed principal Undisclosed principal
Undisclosed principal
Express warranties are recognized by the _________. criminal code Uniform Probate Code Uniform Commercial Code Uniform Code of Military Justice
Uniform Commercial Code
Warranties are covered by what general law? Uniform Criminal Code Uniform Probate Code Uniform Commercial Code
Uniform Commercial Code
What is the term for a promise from the seller that the goods offered really are what they are claimed to be? Warranty Puffing Custom Remedy
Warranty
Implied warranties are not made explicitly but are those which _______ might reasonably expect a seller to honor. a buyer the titleholder another seller the lienholder
a buyer
Implied warranties are not made explicitly but are those which _______ might reasonably expect a seller to honor. a buyer the titleholder the lienholder another seller
a buyer
A court will create an agency by operation of law to achieve _______________. ratification of an agent's act a desired social policy greater profits shareholder satisfaction
a desired social policy
Gratuitous agents are held to _______ level of liability than paid agents. the same a lower a higher
a lower
An agent can be held personally liable unless ___________ reasonably assumed that the unauthorized act was within the powers delegated to the agent. a third party the agent the bailor the prosecutor
a third party the agent
An agent must keep ________ any agency transaction. any profits over $1000 from accurate accounts of all paperwork for five years related to any profits over $500 from
accurate accounts of
An express warranty can be made: by the buyer alone. after a sale. before a sale. only before a judge.
after a sale. before a sale.
Ratification occurs _______ act of the agent. after the at the same time as before the
after the
A general agent is entrusted with authority to act for the principal in ___________________. all business-related matters limited financial affairs a particular transaction only real estate transactions
all business-related matters
A full warranty applies to ____________. only the party that purchased the item only the original or second owner of the item anyone who owns the item during the warranty period only the original owner of the item
anyone who owns the item during the warranty period
Courts have an interest in protecting the property and interests of third parties with good reason to rely on the ________ authority of the agent, which was not specifically stated in the agency contract. apparent limited express general
apparent
Courts have an interest in protecting the property and interests of third parties with good reason to rely on the ________ authority of the agent, which was not specifically stated in the agency contract. apparent limited general express
apparent
If an agency exists ________, the principal has the right to revoke the agency agreement and discharge the agent for no reason at all. at will on paper at law in fact
at will
If an agency exists ________, the principal has the right to revoke the agency agreement and discharge the agent for no reason at all. . at law at will in fact on paper
at will
A special agent is under definite instructions with specific limits on their scope of ___________. compensation liability remuneration authority
authority
The principal authorizes an agent to act on his or her __________. whims support behalf defense
behalf
When the third party does not know the identity of the principal, the agent _________ be held personally responsible to the third party. can cannot
can
An express warranty: can be made either orally or in writing. must be made by the seller in writing with witness signatures. can be suggested or inferred from the circumstances. must be in writing and submitted for approval to the Secretary of State.
can be made either orally or in writing.
An express warranty: can be made either orally or in writing. must be made by the seller in writing with witness signatures. must be in writing and submitted for approval to the Secretary of State. can be suggested or inferred from the circumstances.
can be made either orally or in writing.
A time limitation ________ placed on a full warranty. cannot be can sometimes be can always be is automatically
cannot be
If a large number of consumers are injured by the same seller, a ________ may collectively be brought against the seller in federal court. criminal prosecution class action lawsuit breach of contract suit tort action
class action lawsuit
Under a full warranty, a defective product must be repaired within a reasonable time after a(n) _______ has been made. express warranty federal suit disclaimer complaint
complaint
Under a full warranty, a defective product must be repaired within a reasonable time after a(n) _______ has been made. federal suit express warranty disclaimer complaint
complaint
Under the UCC, any description of goods that is made part of the basis of the bargain creates an express warranty that the goods shall ___________ the description. differ from approximate conform to contrast with
conform to
Agency is a type of ________ that can be terminated in the same ways. statute contract crime tort
contract
Agency is a type of ________ that can be terminated in the same ways. tort statute crime contract
contract
In dealing with third parties, an agent is subject to the ______________ of the person they represent. control autonomy liability custody
control
An agent may perform only those acts that have been authorized by the principal or a(n) _______. administrative agency court attorney in fact attorney-at-law
court
When an agent signs a contract using the principal's name, they are acting on behalf of a(n) ________ principal. gratuitous disclosed undisclosed partially disclosed
disclosed
When an agent signs a contract using the principal's name, they are acting on behalf of a(n) ________ principal. partially disclosed gratuitous undisclosed disclosed
disclosed
When the agent informs the third party that they are acting on behalf of a specific individual, they are making the third party aware of the identity of the _________ principal. gratuitous disclosed third-party undisclosed
disclosed
When the agent informs the third party that they are acting on behalf of a specific individual, they are making the third party aware of the identity of the _________ principal. undisclosed disclosed third-party gratuitous
disclosed
A minor may be considered competent to represent another as an agent if they are capable of properly carrying out the _________ of an agency relationship. liabilities duties privileges rights
duties
If a person acts as an agent for more than one party, with their knowledge, the agent is entitled to receive compensation from __________. a maximum of two principals only the principal obligated to pay the most only the principal obligated to pay the least each principal
each principal
An implied warranty of fitness _______ if the buyer does not expressly inform the seller of their intended use of the merchandise. does not exist exists is disclaimed is voided
exists
Actions of a seller that indicates a guarantee of goods can be the basis for a(n): indefinite warranty. 30-day warranty. express warranty. corporate warranty.
express warranty.
Actions of a seller that indicates a guarantee of goods can be the basis for a(n): indefinite warranty. express warranty. 30-day warranty. corporate warranty.
express warranty.
An agency agreement can be: ___________. punitive expressed involuntary implied
expressed implied
Statements of ______ made by the seller to the buyer can be express warranties. belief feeling fact opinion
fact
Statements of ______ made by the seller to the buyer can be express warranties. belief opinion fact feeling
fact
In an agency relationship, the agent, the principal, and the third party ______ one another. must be related to owe cash to cannot sue have duties to
have duties to
In an agency relationship, the agent, the principal, and the third party ______ one another. owe cash to have duties to must be related to cannot sue
have duties to
Durable power of attorneys is most often used in ________________ situations. sale of goods real estate child custody health care
health care
The death of either party will terminate an agency relationship ____________. immediately within seven days of the death within 24 hours of the death within one year of the death
immediately
The death of either party will terminate an agency relationship ____________. within one year of the death within seven days of the death immediately within 24 hours of the death
immediately
Warranties of merchantability and warranties of fitness for a particular purpose are both types of _______ warranties. insured implied corporate express
implied
A principal must reimburse the agent for any loss or damage suffered by the agent _____________ performance of duties. before the in the legitimate in the tortious after the
in the legitimate
A principal must reimburse the agent for any loss or damage suffered by the agent _____________ performance of duties. before the in the tortious after the in the legitimate
in the legitimate
A principal must reimburse the agent for any loss or damage suffered by the agent _____________ performance of duties. in the tortious in the legitimate after the before the
in the legitimate
Implied authority is sometimes called ________ authority. express incidental transferred third-party
incidental
Implied authority is sometimes called ________ authority. third-party express transferred incidental
incidental
An agency relationship may be terminated by: insanity. bankruptcy. incomplete performance. impossibility of performance.
insanity. bankruptcy. impossibility of performance.
A power of attorney is a(n) __________, which appoints one person as agent and confers authority to perform certain acts on behalf of the principal. instrument in writing oral agreement nonbinding agreement implied agreement
instrument in writing
A power of attorney is a(n) __________, which appoints one person as agent and confers authority to perform certain acts on behalf of the principal. nonbinding agreement oral agreement instrument in writing implied agreement
instrument in writing
In an irrevocable agency contract, the agent has a(n) _________ in the subject matter of the agency, in addition to the remuneration received for services. consideration revocation termination interest
interest
Because the Magnuson-Moss Warranty Act is a federal statute, the act affects only warranties that are sold in ____________. foreign commerce international commerce intrastate commerce interstate commerce
interstate commerce
To serve as an agent, an individual must be _________. legally competent an accountant free of all personal debt an attorney
legally competent
Under the UCC transfer of title rules, goods shall be delivered free from encumbrances such as: liens. warranties. security interests. right to sell the goods.
liens. security interests.
Under the UCC, ________ is anyone who deals in goods of the kind being sold in the ordinary course of business. purchaser buyer merchant guarantor
merchant
The main difference between principal-agent and employer-employee relationships is an employer's power to control the activities of a(n) ___________. government contractor agent employee independent contractor non-agent employee
non-agent employee
The principal is not liable for contracts an agent makes with a third party if the agreement was ______________. apparently or obviously outside the scope of the agent's authority expressly or implicitly authorized by the agent expressly or implicitly authorized by the principal not authorized by the principal
not authorized by the principal apparently or obviously outside the scope of the agent's authority
Under the Statute of Frauds, a contract appointing an agent must be in writing if it extends beyond _______. three months one month six months one year
one year
Agency is a type of contract that may be terminated by: operation of law performance third party inference agreement
operation of law performance agreement
Express authority can be given as __________ instructions. ambiguous oral written apparent
oral written
Express authority can be given as __________ instructions. apparent ambiguous oral written
oral written
The implied warranty of merchantability implies that goods sold are adequate for the _______ purposes for which such goods are sold. atypical abnormal unusual ordinary
ordinary
Under a court-directed agency, the _______ would be bound by reasonable contracts made by the guardian ad litem. minor child grandparent child's relatives parent
parent
Under a court-directed agency, the _______ would be bound by reasonable contracts made by the guardian ad litem. parent child's relatives minor child grandparent
parent
When an agent informs a third party that they acting on behalf of another, but fails to disclose their identity, that individual is known as a(n) __________ principal disclosed undisclosed corporate officer partially disclosed
partially disclosed
When an agent informs a third party that they acting on behalf of another, but fails to disclose their identity, that individual is known as a(n) __________ principal undisclosed disclosed corporate officer partially disclosed
partially disclosed
When an agent signs a contract using their own name and the title "agent," they are likely acting on behalf of a(n) ________ principal. partially disclosed undisclosed disclosed gratuitous
partially disclosed
When an agent signs a contract using their own name and the title "agent," they are likely acting on behalf of a(n) ________ principal. undisclosed partially disclosed disclosed gratuitous
partially disclosed
A contract of agency usually states the: duration of the agency punitive damages for breach parties' rights and duties other agreements between the parties
parties' rights and duties duration of the agency other agreements between the parties
An agent must remit all profits from contracts made as part of the agency to the _______. court third party principal agent
principal
In situations of apparent authority, the ________ has not implied that the agent has such authority. agent principal guardian ad litem attorney in fact
principal
An agent may not perform any act that would betray the ________ trust. principal's agent's other agents' third party's
principal's
Express warranties can be made by __________________. promise description implication sample
promise description sample
The term for persuasive sales talk commending the goods is __________. guaranteeing puffing hot air warranting
puffing
The term for persuasive sales talk commending the goods is __________. hot air warranting puffing guaranteeing
puffing
An agent must possess the ________ needed to carry out the work of the agency as agreed. personality capital qualifications state-issued agency certificate
qualifications
Warranties of merchantability or of fitness for a particular purpose are implied warranties of _________. fair dealing quality quantity transportation
quality
Warranties of merchantability or of fitness for a particular purpose are implied warranties of _________. transportation quantity fair dealing quality
quality
A warranty can be a guarantee made by the seller that the goods offered are what a(n) ________ person has a right to expect. discerning implied reasonable express
reasonable
An agent must obey all the principal's ______ and lawful orders within the scope of the agency contract. irrational unlawful illegal reasonable
reasonable
Warranties provide customers with ________ when goods they purchase do not perform as expected. remedies contracts defects torts
remedies
Under a full warranty, a consumer may get a _________ if the product cannot be repaired in a reasonable period. sales tax credit replacement product percentage of profit made on all sales refund of amount paid
replacement product refund of amount paid
Under a full warranty, a consumer may get a _________ if the product cannot be repaired in a reasonable period. sales tax credit replacement product refund of amount paid percentage of profit made on all sales
replacement product refund of amount paid
Under the UCC transfer of title rules, goods shall be delivered free from encumbrances such as: security interests. warranties. right to sell the goods. liens.
security interests. liens.
Under the UCC transfer of title rules, goods shall be delivered free from encumbrances such as: warranties. right to sell the goods. security interests. liens.
security interests. liens.
If only a time limitation distinguishes a limited warranty from a full warranty, then the act permits the __________ to indicate this fact with appropriate language. buyer purchaser seller bailor
seller
If only a time limitation distinguishes a limited warranty from a full warranty, then the act permits the __________ to indicate this fact with appropriate language. purchaser bailor buyer seller
seller
Though minors generally lack capacity to enter into contracts, they can ______________. serve as agents, in some cases vote for presidential elections in the United States vote in local elections be prosecuted as adults in all criminal fraud cases
serve as agents, in some cases
The law of agency is governed primarily by _________. state law federal law interstate law international law
state law
An implied warranty is __________________. not recognized by the UCC an explicit and clearly stated promise by the seller to the buyer suggested or inferred from known facts or circumstances approved by the Secretary of State or a district court judge
suggested or inferred from known facts or circumstances
To recover for breach of the implied warranty of fitness of purpose, a buyer must prove that: the buyer did rely on the seller's skill or judgment. the seller knew/had reason to know the buyer's purpose. the seller knew/had reason to know that the buyer was relying on the seller's skill or judgment. the buyer expressly informed the seller of his or her intended use of the merchandise.
the buyer did rely on the seller's skill or judgment. the seller knew/had reason to know the buyer's purpose. the seller knew/had reason to know that the buyer was relying on the seller's skill or judgment.
In general, an agent may perform only those acts that have been authorized by: a third party. a federal agency. the principal. the guardian ad litem.
the principal.
When an agency is created, the parties affected are: the principal. the agent. the state. the third party.
the principal. the agent. the third party.
An agency may be terminated by an act of the parties when: the agent fails to make a certain amount of profit. the purpose of the agency is fulfilled. the agent gives up position. the principal dismisses the agent.
the purpose of the agency is fulfilled. the agent gives up position. the principal dismisses the agent.
An agency may be terminated by an act of the parties when: the purpose of the agency is fulfilled. the agent gives up position. the agent fails to make a certain amount of profit. the principal dismisses the agent.
the purpose of the agency is fulfilled. the agent gives up position. the principal dismisses the agent.
To recover for breach of the implied warranty of fitness of purpose, a buyer must prove that: the seller knew/had reason to know that the buyer was relying on the seller's skill or judgment. the buyer expressly informed the seller of his or her intended use of the merchandise. the seller knew/had reason to know the buyer's purpose. the buyer did rely on the seller's skill or judgment.
the seller knew/had reason to know that the buyer was relying on the seller's skill or judgment. the seller knew/had reason to know the buyer's purpose. the buyer did rely on the seller's skill or judgment.
The law in some states recognizes an agency by necessity when one spouse fails to support the other spouse or ___________. their minor children their adult children the spouse's siblings the spouse's parents
their minor children
Implied warranties can relate to: title to the goods. goods owned by the state. quality of the goods. puffery over the goods.
title to the goods. quality of the goods.
Implied warranties can relate to: title to the goods. puffery over the goods. goods owned by the state. quality of the goods.
title to the goods. quality of the goods.
Anyone who is legally competent _________ may serve as an agent. to hold public office to represent parties in a court of law to act for himself or herself and has an advanced degree
to act for himself or herself
The UCC creates an implied warranty on the title of goods sold that they are: the highest quality of goods to be sold in that marketplace. profitable in any future commercial transaction. fit for ordinary purposes and use. unencumbered from third-party interests.
unencumbered from third-party interests.
The UCC creates an implied warranty on the title of goods sold that they are: unencumbered from third-party interests. fit for ordinary purposes and use. profitable in any future commercial transaction. the highest quality of goods to be sold in that marketplace.
unencumbered from third-party interests.
Lemon laws may not necessarily cover ________ products. used new consumer leased
used leased
Courts may apply the custom of the marketplace if a written warranty is ________. clear definite vague explicit
vague
Courts may apply the custom of the marketplace if a written warranty is ________. vague definite explicit clear
vague
Puffing, however sincere or persuasive, does not constitute a _______. warranty repudiation denial disclaimer
warranty