Exam 25: Warranties

A) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of merchantability.
B) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of fitness for a particular purpose.
C) The court ruled that the plaintiff could recover from the manufacturer based upon the theory of express warranty.
D) The court ruled that the plaintiff could recover from the manufacturer based upon the implied warranty of trade usage.
E) The court ruled that the plaintiff could not recover from the manufacturer.

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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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A) Nicole did not make an implied warranty of fitness for a particular purpose because there is no proof that Cara was relying on Nicole to make the selection.
B) Nicole did not make an implied warranty of fitness for a particular purpose because Nicole is not a merchant.
C) Nicole did not make an implied warranty of fitness for a particular purpose because no express warranty was made.
D) Nicole made an implied warranty of fitness for a particular purpose to Cara that the blender would make smoothies because she had a duty to tell Nicole otherwise.
E) Regardless of whether she said anything or not, Nicole made both an express warranty and a warranty of fitness for a particular purpose.

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A) one month
B) three months
C) two years
D) four years
E) no specified time is required

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A) They may be part of a brochure.
B) They may not arise from a salesperson's oral promise.
C) A sample may provide an express warranty.
D) They may be part of a written sales or lease contract.
E) A model may provide an express warranty.

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A) The warranty is presumed to be a limited warranty.
B) The warranty is presumed to be an express, limited warranty.
C) The warranty is presumed to be a limited warranty of merchantability.
D) The warranty is presumed to be a limited usage of trade warranty.
E) The warranty is presumed to be a full warranty.

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A) No, because oral statements by sales people never create warranties.
B) No, because it is impossible to objectively measure what is gorgeous in a dress.
C) No, because this statement is an example of puffing.
D) Yes, if Carlyn made the statement in an attempt to make the sale.
E) Yes, under all circumstances sales people are responsible for their words.

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A) That goods must pass without objection in the trade or market for similar goods.
B) That goods must be fit for the ordinary purposes for which such goods are used.
C) That goods must be adequately contained, packaged, and labeled as the agreement may require.
D) That goods must conform to the promises or affirmations made on the container or label, if any.
E) That goods must be sold without variation.

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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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A) There is no implied warranty of merchantability because of a lack of evidence that Nicole 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 Nicole 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.

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A) express warranty
B) implied warranty
C) acknowledged warranty
D) claimed warranty
E) consequential warranty

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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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A) The buyer and seller may not negotiate a longer time for the statute of limitations than that allowed by the UCC.
B) The buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC without any limits.
C) The buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC so long as the time period in which to sue does not extend past one year from the date of breach.
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 in which to sue does not extend beyond five years from the date of breach.
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 in which to sue does not extend beyond six years from the date of breach.

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A) any description of the good's physical nature or its use
B) a partial description of the good's physical nature but not it's use
C) any use of the goods but does not describe its physical nature
D) the physical description of the warranty and the particular packaging required of the goods
E) a consequential warranty

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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 though bones are not a foreign substance in 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.

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A) An express warranty
B) An implied warranty of merchantability
C) An implied warranty of fitness for a particular purpose
D) An acknowledged warranty
E) A warranty of trade usage

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