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Exam 16: Warranties and Product Liability

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Question 1

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Forest & Field Company makes and leases a backhoe to Zac.Due to a defect attributable to Forest & Field's negligence,Zac is injured in an accident in which his neighbor Aaron is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

A) Aaron only.
B) no one.
C) Zac and Aaron.
D) Zac only.

E) None of the above
F) A) and B)

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Question 2

Multiple Choice

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Cold Stuf,Inc.,makes snowboards,which it sells to Deep Freeze Sports Store (DFS) .DFS sells Cold Stuf boards to consumers,in-cluding Ed.Ed is in-jured while using the board.In a product liabil-ity suit based on strict li-ability,Ed may recover from

A) Cold Stuf only.
B) Cold Stuf or DFS.
C) DFS only.
D) no one.

E) None of the above
F) A) and C)

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Question 3

True/False

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A warranty against infringement is a promise by the seller that the prod-uct is free from any patent,trademark,or copyright claims of a third person.

Goods must be of the highest quality possible to be merchantable.

Express warranties can notbe disclaimed in contracts.

Ceramic Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Ceramic could be liable for vio-lating its duty of care with respect to

A failure to exercise reasonable care is negligence.

Puffery creates an express warranty.

Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

A product is unmerchantable if an accident could arise in connection with the goods.

Sigrud buys spiked mountain-climbing shoes from Rockridge Gear store. The spikes come out of the shoes when Sigrud is on the side of a mountain,caus-ing her to be injured in a fall.Rockridge breached

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Only a statement made after a contract is entered into can be an express warranty.

In sales law,product liability is assurance by one party of the existence of a fact on which the other party can rely.

Robert is selling his used lawnmower.He wants to disclaim any implied warranties.Robert

Ocean Vessels,Inc.,and Pacific Harbor Company enter into a contract for a sale of a boat.Ocean is a merchant who deals in goods of the kind sold.The goods are defective.Under the UCC,the implied warranty of merchantability is breached

Olga,a salesperson for Pre-owned Cars & Trucks,Inc.,tells Quincy,"This is the best car I've ever seen." This statement is

Under the doctrine of strict liability,people are liable for the results of their acts only if their intentions are malicious.

If a seller is an expert and gives an opinion as an expert,then he or she usually creates an express warranty.

Fun Toyz Corporation makes skateboards,which it sells to con-sumers,including Holly and Ira.Due to a defect,Holly is injured while using her new board.Ira's board has the same defect,but he is not injured.In a product liability suit based on strict product liabil-ity,Fun Toyz may be liable to