BUSLAW Chapter 22

d. from a disclaimer

A warranty may rise out of all of the following except: a. a promise made by the seller the buyer. b. the mere existence of a sale. c. out of the circumstances under which the sale is made. d. from a disclaimer

a. breached an express warranty.

Alice is browsing in a commercial art gallery when she sees a painting that she likes. Arthur, who is the manager of the gallery, tells her that in his opinion the painting is a genuine Leroy Neiman work. Based upon that representation, Alice buys the work for $5,000. At the sale, Arthur has Alice sign a receipt that includes the following language: This sale caries no warranties, including no EXPRESS or IMPLIED WARRANTIES. Alice later discovers that the painting is only a cheap copy of the original that is worth no more than $50. Arthur has: a. breached an express warranty. b. not breached a warranty because he was merely expressing his opinion. c. breached and the warranty of fitness for a particular purpose. d. breached the warranty of title.

d. All of these are correct.

An express warranty within the meaning of the Code is created by which of the following? a. A sample. b. A description. c. A promise. d. All of these are correct.

a. a warranty of merchantability.

An obligation of the merchant-seller that the goods are reasonably fit for the ordinary purposes for which they are manufactured and sold, and the goods are of fair average quality is known as: a. a warranty of merchantability. b. strict liability. c. an express warranty. d. a warranty of fitness for a particular purpose

b. will likely lose the suit, because the machine has been altered since its manufacture.

Eric bought a new snowmobile from the North Pole Manufacturing Company. After buying the machine, Eric then modified the spark plugs and a few other things in order to soup it up. In February, just after a snowfall, Eric was driving the snowmobile, when it tipped over, trapping him beneath it. His leg was severely burned. Eric now wants to sue North Pole for strict liability in tort. Eric: a. cannot sue the manufacturer, because horizontal privity is lacking. b. will likely lose the suit, because the machine has been altered since its manufacture. c. will likely win the suit, because of the faulty design of the snowmobile. d. will likely win because the snowmobile is an unreasonably dangerous product.

a. whether the 1996 and 1997 statements by Belden regarding certification created an express warranty that extended to the October 2003 contract.

In Belden, Inc. v. American Electronic Components, Inc. the issue was: a. whether the 1996 and 1997 statements by Belden regarding certification created an express warranty that extended to the October 2003 contract. b. whether Belden's writings were sufficient to create an express warranty. c. whether Belden made express warranties in 1996 and 1997 regarding its wire. d. whether express warranties are a question of law.

a. whether the warranty of merchantability and warranty of fitness for a particular purpose were communicated clearly to the buyer before the sale.

In Womco, Inc. v. Navistar International Corporation the issue was: a. whether the warranty of merchantability and warranty of fitness for a particular purpose were communicated clearly to the buyer before the sale. b. whether the warranty of merchantability and warranty of fitness for a particular purpose could be disclaimed. c. whether the warranty of merchantability and warranty of fitness for a particular purpose must be in writing. d. whether the warranty of merchantability and warranty of fitness for a particular purpose clauses were conspicuous.

c. Southern States was found to have breached both express and implied warranties.

In the In Re L. B. Trucking, Inc. case: a. Thomas's statements were found by the court to be mere puffing or sales talk. b. Durham did not rely on Thomas's statements, so they could not be considered warranties. c. Southern States was found to have breached both express and implied warranties. d. warranty provisions of the UCC did not apply because the sale of goods was merely incidental to the service aspect of the contract.

c. Lydia cannot sue Karen for the warranty of merchantability because Karen is not a merchant.

Karen decided to sell her stair step exerciser, because she wasn't using it as much as she thought she would. Her friend Lydia bought it from Karen for $100. The first day that Lydia used the exerciser, it fell apart, injuring Lydia's ankle. In this situation: a. Karen can sue the manufacturer for breach of the warranty of merchantability, because she was the original buyer. b. Lydia cannot sue Karen, because they are not in privity of contract. c. Lydia cannot sue Karen for the warranty of merchantability because Karen is not a merchant. d. Lydia can sue Karen for breach of the warranty of merchantability, because the exerciser is not fit for the ordinary purpose intended.

d. implied warranties.

Leslie purchased 100 flower pots from a local merchant. Warranties which are not included in her sales contract, but exist by "operation of law," are the: a. exclusive warranties. b. express warranties. c. quasi warranties. d. implied warranties.

d. implied warranties.

Leslie purchased 100 flower pots from a local merchant. Warranties which are not included in her sales contract, but exist by "operation of law," are the: a. express warranties. b. exclusive warranties. c. quasi warranties. d. implied warranties.

b. Yes, because the statement was false.

Mark tells Leslie that his stereo has quadraphonic speakers because he was told that when he bought it. Leslie buys the stereo, but it does not have quadraphonic speakers. Is Mark liable for breach of warranty? a. No, because he did not promise her that the speakers were quadraphonic. b. Yes, because the statement was false. c. Yes, because Mark was not acting in good faith. d. No, because he did not know his statement was false.

d. no breach, because Matt's statement was correct.

Matt tells Ron that the snow boots he is selling are capable of protection at temperatures of 20° below zero. Ron orders a pair for his trip to Greenland. The first night's temperature goes down to 27 below. Ron suffers frostbite on all of his toes. Ron then sues for breach of warranty. The result is: a. a breach, because Matt's statement is a breach of the implied warranty of merchantability. b. a breach, because Matt's statement is a breach of the implied warranty of a fitness for a particular purpose. c. no breach, because Matt's statement was merely opinion. d. no breach, because Matt's statement was correct.

a. Manufacturing Defect.

Rainbow Toy Corporation places a rocket ship toy into the market, but the rocket is missing certain plastic screws that are part of the specifications of the project. Such a defect is a: a. Manufacturing Defect. b. Failure to Warn Defect. c. Design Defect. d. None of the answers are correct.

d. Failure to Warn Defect.

Rainbow Toy Corporation places a rocket ship toy into the market. The rocket is manufactured according to specifications and is a safe product, but the rocket has a tendency to char whatever surface it launches from due to intense heat coming from the rocket during launch causing property damage. If Rainbow Toy Corporation does not tell buyers about the potential to char the launching pad surface, such a defect is: a. Manufacturing Defect. b. None of the answers are correct. c. Design Defect. d. Failure to Warn Defect.

d. Design Defect.

Rainbow Toy Corporation places a rocket ship toy into the market. The rocket is manufactured according to specifications, but the rocket suddenly explodes after its first use. Such a defect is a: a. Failure to Warn Defect. b. None of the answers are correct. c. Manufacturing Defect. d. Design Defect.

b. a manufacturer of a defective component used in a larger product if the manufacturer of the finished product made no essential change in the component

Strict liability in tort imposes liability on: a. a manufacturer of a component used within a larger product, the manufacturer of which modifies the component for use in its finished product. b. a manufacturer of a defective component used in a larger product if the manufacturer of the finished product made no essential change in the component. c. a non-merchant seller of a defective product which is unreasonably dangerous to the user or consumer. d. a manufacturer, even if the defect occurs after it left the factory.

a. an implied warranty of fitness for a particular purpose.

Terrell asks a salesperson what size of water heater he should buy for their twenty-unit motel. If Terrell purchases a tank based on the salesperson's suggestion, the salesperson's recommendation is: a. an implied warranty of fitness for a particular purpose. b. an implied warranty of merchantability regarding the water heater. c. an express warranty of merchantability regarding the water heater. d. no warranty, but only a statement of opinion.

d. All of these are correct.

Whether an implied warranty arises out of the circumstances under which the parties enter into a contract may depend on: a. the type of contract entered into. b. the seller's merchant or non-merchant status. c. applicability of other statutes. d. All of these are correct.

c. In the case of fungible goods that they be of a quality that exceeds the description and be above average.

Which of the following is NOT included within the Code definition of merchantability? a. Reasonably fit for the ordinary purposes for which the goods are used. b. Pass without objection in the trade under the contract description. c. In the case of fungible goods that they be of a quality that exceeds the description and be above average. d. Be of fair, average quality.

a. Contributory negligence on the part of the plaintiff.

Which of the following is generally NOT a defense to a claim against a manufacturer under 402A? a. Contributory negligence on the part of the plaintiff. b. Voluntary assumption of the risk. c. Misuse or abuse of the product. d. Subsequent alteration of the product by the plaintiff.

a. They depend on the type of contract or sale entered into.

Which of the following is true with regard to implied warranties under the Code? a. They depend on the type of contract or sale entered into. b. They are a result of specific language in the sales contract. c. They continue the common law rule of caveat emptor. d. They are intended to protect the seller rather than the buyer.

c. Manufacturing defect

__________ exists by a product failing to meet manufacturing specifications thus not made properly. a. Design defect b. Failure to warn c. Manufacturing defect d. Strict liability