Question 1

Which of the following is required by the Magnuson-Moss Act when the seller issues a written warranty for a consumer good?

Accepted Answer

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

Question 2

Which of the following is true regarding the implied warranty of fitness for a particular purpose?

Accepted Answer

A)   It applies in every case in which an express warranty is found.
B)   It applies in every case in which an implied warranty of merchantability is found.
C)   It is a common law doctrine not followed by the UCC which recognizes only the implied warranty of merchantability.
D)   It applies in every sales transaction involving a merchant.
E)   It may be applied to sellers who are not merchants.F) C) and D)
G) B) and D)

Question 3

"Boat Tow." Donnie went to a new car dealership and told the salesperson, Sally, who was not the manager, that he needed a new car that would get good gas mileage and would also pull his big boat. Sally encouraged him to buy a smaller car that she promised would pull the boat. Sally was new to the job and did not realize that the small car did not have sufficient power to pull the boat for any distance. Donnie bought the car and used it to pull the boat. Unfortunately, the heavy pull on the car did significant damage to the car's engine. Donnie complained to the Sally who denied any liability. Donnie, who had half a semester of business law, informed Sally that along with the sale of the car he also received an express warranty, an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose; and that he could recover under any of those theories. Sally truthfully said that no explicit promises regarding warranties were ever made orally or in writing.
-Is Donnie correct that the car was sold with an implied warranty of fitness for a particular purpose?

Accepted Answer

A)   Yes, because it was promised that the car would pull the boat.
B)   No, because Sally was only engaged in puffing.
C)   No, because only the manager can make such a warranty.
D)   No, because Sally made only a warranty of merchantability, not a warranty of fitness for a particular purpose.
E)   No, because no implications were made.F) A) and D)
G) C) and D)

Question 4

Which of the following was the result in the case of Webster v. Blue Ship Tea Room Inc., the case in which the plaintiff sued after getting a bone caught in her throat while eating fish chowder?

Accepted Answer

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

Question 5

A sample or model may constitute an express warranty.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following was the result in Melissa Kahn v. Volkswagen of America Inc., the case in the text in which the plaintiff attempted to hold the manufacturer liable for problems with a vehicle she leased from a dealership?

Accepted Answer

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

Question 7

"Hot Toaster." Rebecca bought a toaster from Super Store and brought it home. A friend of hers, Greg, was at her house making toast. The toaster malfunctioned and shocked Greg resulting in a small burn to his hand requiring medical attention. At a garage sale, Rebecca also purchased a blender from a friend, Samantha, a nurse, with the intention of making smoothies. Unfortunately, the blender was not powerful enough to make smoothies. Assume that not all blenders are designed to provide the texture required for good smoothies.
-Based only on the facts presented, what type of warranty did Super Store give Rebecca upon the sale?

Accepted Answer

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 usageF) All of the above
G) A) and D)

Question 8

Which of the following was the result in Welchert v. American Cyanamid Inc., the case in the text in which the plaintiffs claimed breach of an express warranty after herbicide manufactured by the defendant allegedly caused crop damage, and the issue was whether the Federal Insecticide, Fungicide, and Rodenticide Act preempted claims involving the product's label?

Accepted Answer

A)   The court ruled that the state law claim for breach of express warranty was preempted by FIFRA.
B)   The court ruled that the state law claim for breach of express warranty was not preempted by FIFRA.
C)   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.
D)   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.
E)   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.F) B) and D)
G) B) and C)

Question 9

Which of the following was the result on appeal in Lucy Mydlach v. DaimlerChrysler Corp., the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

Accepted Answer

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

Question 10

Which of the following are types of warranties?

Accepted Answer

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 warrantiesF) B) and D)
G) A) and E)

Question 11

Set forth when an implied warranty of fitness for a particular purpose will be found.

Accepted Answer

That warranty comes about when a seller ...

Question 12

Assuming adoption of the UCC, which of the following is true regarding whether the buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC?

Accepted Answer

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

Question 13

"Hot Toaster." Rebecca bought a toaster from Super Store and brought it home. A friend of hers, Greg, was at her house making toast. The toaster malfunctioned and shocked Greg resulting in a small burn to his hand requiring medical attention. At a garage sale, Rebecca also purchased a blender from a friend, Samantha, a nurse, with the intention of making smoothies. Unfortunately, the blender was not powerful enough to make smoothies. Assume that not all blenders are designed to provide the texture required for good smoothies.
-Under the UCC which of the following rights, if any, does Greg have in most states against Super Store?

Accepted Answer

A)   None because he did not buy the toaster.
B)   None because he has no privity.
C)   None because he was not married to Rebecca.
D)   He may sue but only if Rebecca joins in the suit with him.
E)   He likely has a right to sue.F) B) and C)
G) D) and E)

Question 14

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) A) and B)
G) A) and C)

Question 15

Which of the following best expresses the court's opinion in the case nugget Jackson v. Bumble Bee Seafoods Inc.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) A) and E)
G) A) and D)

Question 16

Business law teacher Penny is very sensitive about her upcoming 40th birthday. Her students decide to surprise her with a cake. On behalf of her class, Brent, a student, goes to the bakery and orders a cake that says "Happy Birthday - You Look Great!" The salesclerk said that there was no problem in having the cake ready and that it should make the birthday girl feel great. Brent was in a big hurry when he went to pick up the boxed cake. Although the salesclerk asked Brent to take a look at the cake, he declined. Unfortunately, when the cake was opened up in class, the icing said "Happy Birthday - You Look Gray!" The students were mortified, and Penny angrily left the room vowing to give a difficult final. Which of the following is true regarding what warranties the bakery breached, if any?

Accepted Answer

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

Question 17

A[n] _____ 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)   Express warranty
B)   Implied warranty
C)   Acknowledged warranty
D)   Claimed warranty
E)   Consequential warrantyF) All of the above
G) B) and D)

Question 18

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 19

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

Accepted Answer

A) True 
 B)False

Question 20

Which of the following types of warranties are automatically, as a matter of law, injected into a contract?

Accepted Answer

A)   Express warranties, implied warranties of quality, and acknowledged title warranties
B)   Implied warranties, but not express warranties or 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 warrantiesF) B) and D)
G) A) and C)

Exam 25: Warranties

Correct Answer
verified

Which of the following was the result on appeal in Lucy Mydlach v. DaimlerChrysler Corp., the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

Correct Answer
verified

Which of the following best expresses the court's opinion in the case nugget Jackson v. Bumble Bee Seafoods Inc.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 Answer
verified

Which of the following types of warranties are automatically, as a matter of law, injected into a contract?

Correct Answer
verified

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

Correct Answer
verified

Which of the following was the result in the case of Webster v. Blue Ship Tea Room Inc., the case in which the plaintiff sued after getting a bone caught in her throat while eating fish chowder?

Correct Answer
verified

Correct Answer
verified

Set forth when an implied warranty of fitness for a particular purpose will be found.

Correct Answer
verified
That warranty comes about when a seller ...
View Answer

Which of the following is required by the Magnuson-Moss Act when the seller issues a written warranty for a consumer good?

Correct Answer
verified

Which of the following are types of warranties?

Correct Answer
verified

Which of the following was the result in Melissa Kahn v. Volkswagen of America Inc., the case in the text in which the plaintiff attempted to hold the manufacturer liable for problems with a vehicle she leased from a dealership?

Correct Answer
verified

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 Answer
verified
The states are given the following three...
View Answer

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Assuming adoption of the UCC, which of the following is true regarding whether the buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC?

Correct Answer
verified

A sample or model may constitute an express warranty.

Correct Answer
verified

Which of the following is true regarding the implied warranty of fitness for a particular purpose?

Correct Answer
verified

A[n] _____ 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 Answer
verified

Exam 25: Warranties

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Lucy Mydlach v. DaimlerChrysler Corp., the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

Correct AnswerverifiedShow Answer

Which of the following best expresses the court's opinion in the case nugget Jackson v. Bumble Bee Seafoods Inc.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

Which of the following types of warranties are automatically, as a matter of law, injected into a contract?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following was the result in the case of Webster v. Blue Ship Tea Room Inc., the case in which the plaintiff sued after getting a bone caught in her throat while eating fish chowder?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Set forth when an implied warranty of fitness for a particular purpose will be found.

Correct AnswerverifiedThat warranty comes about when a seller ...View AnswerShow Answer

Which of the following is required by the Magnuson-Moss Act when the seller issues a written warranty for a consumer good?

Correct AnswerverifiedShow Answer

Which of the following are types of warranties?

Correct AnswerverifiedShow Answer

Which of the following was the result in Melissa Kahn v. Volkswagen of America Inc., the case in the text in which the plaintiff attempted to hold the manufacturer liable for problems with a vehicle she leased from a dealership?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Assuming adoption of the UCC, which of the following is true regarding whether the buyer and seller may negotiate a shorter time for the statute of limitations than that allowed by the UCC?

Correct AnswerverifiedShow Answer

A sample or model may constitute an express warranty.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the implied warranty of fitness for a particular purpose?

Correct AnswerverifiedShow Answer

A[n] _____ 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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
That warranty comes about when a seller ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The states are given the following three...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified