A) Agreement
B) Acknowledgment
C) Confirmation
D) Promise estopped
E) Pledge
G) A) and C)
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A) The salesclerk made an express warranty,but not a warranty of fitness for a particular purpose or a warranty of trade usage.
B) The salesclerk made an express warranty and a warranty of trade usage,but not a warranty of fitness for a particular purpose.
C) The salesclerk made a warranty of fitness for a particular purpose,but not an express warranty of a warranty of trade usage.
D) The salesclerk made an express warranty,a warranty of trade usage,and a warranty of fitness for a particular purpose.
E) The salesclerk made a warranty of trade usage,but not a warranty of fitness for a particular purpose or an express warranty.
G) A) and E)
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A) Nicole made an express warranty by not speaking up regarding the blender's power only if Cara can prove that Nicole knew she wanted to make smoothies.
B) Nicole made an express warranty by not speaking up regarding the blender's power.
C) Nicole made an express warranty by not speaking up regarding the blender's power only if Nicole can prove that she,Nicole,was unaware that the blender was not a high-power blender.
D) Nicole made an express warranty by not speaking up regarding the blender's power only if Cara can prove that Nicole knew it was not a high-power blender.
E) Nicole did not make an express warranty.
G) None of the above
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A) They may not arise from a salesperson's oral promise.
B) They may be part of a written sales or lease contract.
C) They may be part of a brochure.
D) A model may provide an express warranty.
E) A sample may provide an express warranty.
G) A) and C)
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A) A written warranty,if it exists,must disclose the names and addresses of the warrantors.
B) A written warranty,if it exists,must disclose certain information.
C) A written express warranty is always required.
D) A written warranty,if it exists,must explain the procedures necessary to activate the warranty remedy.
E) A written warranty,if it exists,must disclosure any limitations on the warranty.
G) B) and E)
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A) It means that the buyer must be immediately refunded the full purchase price.
B) It means that the buyer has the option of an immediate refund of the full purchase price or repair of the good.
C) It means only that the good or its defective part will be repaired.The buyer has no other remedy.
D) 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.
E) 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.
G) B) and E)
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A) That when a party "assigns" a contract to another party,the assignor is expressly guaranteeing a warranty of merchantability for fitness.
B) That when a party "assigns" a contract to another party,the assignor is impliedly guaranteeing that the rights being assigned are valid.
C) That when a party "assigns" a contract to another party,the assignor is impliedly providing a warranty of merchantability.
D) That when a party "assigns" a contract to another party,the person being assigned contractual rights expressly agrees to provide consideration.
E) That when a party "assigns" a contract to another party,the assignor is impliedly guaranteeing a warranty of fitness for a particular purpose.
G) B) and E)
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A) Gianna is correct because by selling the toaster,the seller made an express warranty.
B) 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.
C) Gianna is correct because by selling the toaster,the seller made an implied warranty of fitness for a particular purpose.
D) Gianna is correct because by selling the toaster,the seller made an implied warranty of merchantability.
E) The seller is correct because only the manufacturer is responsible for warranties on consumer goods.
G) B) and E)
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A) No,because of the lack of an implied warranty of fitness for a particular purpose.
B) Yes,because Kristin told Ryan that the car would pull the boat.
C) Yes,because Ryan informed Kristin about the need for the car to pull the boat.
D) No,because there was no warranty of merchantability.
E) 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.
G) C) and D)
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A) To all consumer goods sold for more than $10
B) To all consumer goods sold for more than $100
C) To all contracts
D) To all contracts covered by the UCC
E) To all full contracts
G) A) and C)
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A) The court ruled that the state law claim for breach of express warranty was preempted by FIFRA.
B) 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.
C) The court ruled that the state law claim for breach of express warranty was not preempted by FIFRA.
D) 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.
E) 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.
G) A) and B)
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A) No,because Kristin was only engaged in puffing.
B) No,because no implications were made.
C) No,because Kristin made only a warranty of merchantability,not a warranty of fitness for a particular purpose.
D) Yes,because it was promised that the car would pull the boat.
E) No,because only the manager can make such a warranty.
G) B) and D)
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A) The Restatement of Contracts
B) The Consumer Warranty and Protection Act
C) The Magnuson-Moss Act
D) The Consumer Rights Protection Act of 1976
E) The UCC
G) C) and D)
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Gabby has no rights against th...View Answer
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A) A consequential warranty
B) Puffing
C) A claimed warranty
D) An express warranty
E) An implied warranty
G) A) and E)
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B) False
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A) The UCC prohibits buyers from recovering from sellers who have breached warranties of title.
B) The UCC assumes that the seller does not have good and valid title and requires proof of title.
C) The UCC assumes the seller has good and valid title to goods and the right to transfer title free and clear.
D) The UCC assumes sellers do not have the right to transfer title free and clear,until proved otherwise.
E) There are no exceptions to title warranties.
G) D) and E)
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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 repairs under warranty were not properly made.
B) 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.
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 manufacturer was notified that a problem with the vehicle existed.
D) 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.
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 repairs under warranty were not properly made.
G) A) and D)
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Correct Answer
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A) The salesclerk made a warranty of trade usage,but not a warranty of fitness for a particular purpose or an express warranty.
B) The salesclerk made an express warranty,but not a warranty of fitness for a particular purpose or a warranty of trade usage.
C) The salesclerk made an express warranty,a warranty of trade usage,and a warranty of fitness for a particular purpose.
D) The salesclerk made a warranty of fitness for a particular purpose,but not an express warranty of a warranty of trade usage.
E) The salesclerk made an express warranty and a warranty of trade usage,but not a warranty of fitness for a particular purpose.
G) A) and C)
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A) Implied warranty of trade usage
B) Implied warranty of quality
C) Implied warranty of merchantability
D) Express warranty of integrity
E) Implied warranty of fitness for a particular purpose
G) A) and B)
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