Correct Answer
verified
View Answer
Correct Answer
verified
A) Implied warranty
B) Claimed warranty
C) Express warranty
D) Consequential warranty
E) Acknowledged warranty
Correct Answer
verified
A) The court found that the puppy was not a good covered under the UCC,and the plaintiff was denied recovery.
B) The court awarded the plaintiff the veterinary bills finding that the UCC applied and that the seller breached the warranty of merchantability.
C) 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.
D) 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.
E) The court allowed the buyer to recover the contract price only,not veterinarian bills.
Correct Answer
verified
Correct Answer
verified
A) The warranty is presumed to be a limited warranty.
B) The warranty is presumed to be a limited usage of trade warranty.
C) The warranty is presumed to be a full warranty.
D) The warranty is presumed to be a limited warranty of merchantability.
E) The warranty is presumed to be an express,limited warranty.
Correct Answer
verified
A) The Magnuson-Moss Act
B) The Consumer Rights Protection Act of 1976
C) The UCC
D) The Consumer Warranty and Protection Act
E) The Restatement of Contracts
Correct Answer
verified
A) She would lose because Jared was only expressing his opinion.
B) She may rely on the statement and win because it was made by Jared in his capacity as a manager,not by an uninformed sales clerk.
C) She would win so long as she can prove that she did not know that Jared was only giving his opinion.
D) She would lose because a consumer good was involved.
E) She would win so long as the store cannot prove that Carmen knew Jared was just giving his opinion.
Correct Answer
verified
A) No,because parties to a contract are never allowed to negotiate on the statute of limitations.
B) Yes because the UCC does allow him four years and parties cannot change that.
C) Yes,because the UCC allows him four years and parties can only extend the UCC statute of limitations,not shorten it.
D) It depends upon the contract terms.
E) No because buyers and sellers are free to negotiate contractually a shorter time period than the UCC's four year statute of limitations.
Correct Answer
verified
A) The buyer and seller may negotiate a longer time for the statute of limitations than that allowed by the UCC without any limits.
B) The buyer and seller may not negotiate a longer time for the statute of limitations than that allowed by the UCC.
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 in which to sue does not extend beyond five years from the date of breach.
D) 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.
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.
Correct Answer
verified
A) By federal law,there is no requirement that the term "merchantability" be used in any disclaimer.
B) Any attempt to disclaim the implied warranty of merchantability is per se unconscionable,but a court will enforce the disclaimer if the buyer is another merchant and is fully informed of the disclaimer.
C) Under some situations,a disclaimer of the implied warranty of merchantability may be made within 10 days after a sale.
D) A disclaimer of the implied warranty of merchantability may be done orally.
E) Any attempt to disclaim the implied warranty of merchantability is per se unconscionable,and a court will refuse to enforce the disclaimer.
Correct Answer
verified
A) There is no implied warranty of merchantability because a consumer appliance was involved.
B) There is no implied warranty of merchantability because of a lack of evidence that Nicole made any express statements regarding the blender.
C) There was an implied warranty of merchantability because no merchant in goods of that type was involved.
D) There is no implied warranty of merchantability because Nicole was not a merchant in respect to consumer appliances.
E) There was an implied warranty of merchantability because a consumer appliance was involved.
Correct Answer
verified
A) 1975
B) 1970
C) 1955
D) 2000
E) 1950
Correct Answer
verified
Correct Answer
verified
A) Warranty of merchantability.
B) Warranty of assignability.
C) Warranty of fact.
D) Warranty of fitness for a particular purpose.
E) Warranty of title.
Correct Answer
verified
A) No because this statement is an example of puffing.
B) No because oral statements by sales people never create warranties.
C) Yes if the salesmen made the statement in an attempt to make the sale.
D) Yes,under all circumstances.
E) No because it is impossible to objectively measure coolness.
Correct Answer
verified
A) Falsehood
B) Puffing
C) Innocent misrepresentation
D) Improper inducement
E) Fraudulent misrepresentation
Correct Answer
verified
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 and an implied warranty of merchantability,but not other warranties,and must indicate as such.
E) The seller must provide an implied warranty of trade usage,but no other warranties,and must indicate as such.
Correct Answer
verified
A) Yes,the implied warranty of fitness for a particular purpose.
B) Yes,the implied warranty of quality.
C) No.
D) Yes,the implied warranty of trade usage.
E) Yes,the express warranty of integrity.
Correct Answer
verified
Correct Answer
verified
Showing 61 - 80 of 90
Related Exams