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.
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Essay
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Multiple Choice
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.
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Multiple Choice
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.
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Multiple Choice
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.
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True/False
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Multiple Choice
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.
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Multiple Choice
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.
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Multiple Choice
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.
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Multiple Choice
A) Consensual promises
B) Contractual promises
C) Warranties
D) Affirmances
E) Engagements
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Multiple Choice
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
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Multiple Choice
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.
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True/False
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Multiple Choice
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.
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Multiple Choice
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.
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True/False
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Multiple Choice
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.
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Multiple Choice
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.
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Multiple Choice
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.
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Multiple Choice
A) 1950
B) 1955
C) 1970
D) 1975
E) 2000
Correct Answer
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