Question 1

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

Accepted Answer

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.F) D) and E)
G) None of the above

Question 2

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

Accepted Answer

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.F) A) and D)
G) A) and C)

Question 3

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?

Accepted Answer

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.F) A) and B)
G) B) and D)

Question 4

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

Accepted Answer

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.F) A) and E)
G) D) and E)

Question 5

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?

Accepted Answer

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.F) A) and D)
G) None of the above

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

For goods to be merchantable under the U...

Question 8

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

Accepted Answer

A)   Puffing
B)   Falsehood
C)   Innocent misrepresentation
D)   Fraudulent misrepresentation
E)   Improper inducementF) C) and D)
G) A) and B)

Question 9

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

Accepted Answer

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.F) A) and B)
G) A) and D)

Question 10

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?

Accepted Answer

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.F) A) and E)
G) A) and D)

Question 11

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?

Accepted Answer

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.F) B) and E)
G) None of the above

Question 12

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

Accepted Answer

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.F) A) and C)
G) A) and D) B

Question 13

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.

Accepted Answer

A) True 
 B)False  True

Question 14

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?

Accepted Answer

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.F) A) and D)
G) A) and C)

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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?

Accepted Answer

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

Question 17

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?

Accepted Answer

The states are given the following three...

Question 18

List the exceptions to title warranties.

Accepted Answer

The only exceptions to title warranties ...

Question 19

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

Accepted Answer

A)   Agreement
B)   Confirmation
C)   Promise estopped
D)   Pledge
E)   AcknowledgmentF) B) and E)
G) A) and E)

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 25: Warranties

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedFor goods to be merchantable under the U...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedB

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.

Correct AnswerverifiedTrue

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?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedE

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?

Correct AnswerverifiedThe states are given the following three...View AnswerShow Answer

List the exceptions to title warranties.

Correct AnswerverifiedThe only exceptions to title warranties ...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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For goods to be merchantable under the U...
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B

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True

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E

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The states are given the following three...
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The only exceptions to title warranties ...
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