Exam 25: Warranties

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A) Yes, because unless Clara had a written promise specifically providing for a warranty, the computer was sold without a warranty.
B) Yes, because unless Clara had an oral promise specifically promising a warranty or a written contract specifically providing for a warranty, the computer was sold without a warranty.
C) No, because the computer was sold with a warranty of merchantability.
D) No, because the computer was sold with a warranty of merchantability and also with a warranty of fitness for a particular purpose.
E) No, because the computer was sold with a warranty of merchantability, with a warranty of fitness for a particular purpose, and also with an express warranty.

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A) The salesclerk made an express warranty, a warranty of trade usage, and a warranty of fitness for a particular purpose.
B) The salesclerk made a warranty of fitness for a particular purpose, but not an express warranty of a warranty of trade usage.
C) The salesclerk made an express warranty and a warranty of trade usage, but not a warranty of fitness for a particular purpose.
D) The salesclerk made an express warranty, but not a warranty of fitness for a particular purpose or a warranty of trade usage.
E) The salesclerk made a warranty of trade usage, but not a warranty of fitness for a particular purpose or an express warranty.

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A) Both parties must be merchants and a sale, not a lease, must be involved.
B) Both parties must be merchants, and either a sale or lease must be involved.
C) The seller must be a merchant and a sale, not a lease, must be involved.
D) The seller must be a merchant, and either a sale or lease must be involved.
E) The seller must be a merchant, goods valued at over $500 must be involved, and either a sale or lease must be involved.

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A) A buyer may waive both implied and express warranties through (1) failing to examine goods for which an express warranty was created by a sample or model or (2) failing to comply with the seller's request to inspect the goods.
B) A buyer may waive an implied warranty by failing to comply with the seller's request to inspect the goods, but an express warranty may only be waived by failing to examine goods for which an express warranty was created by a sample or model.
C) A buyer may waive an express warranty by failing to comply with the seller's request to inspect the goods, but an implied warranty may only be waived by failing to examine goods for which an express warranty was created by a sample or model.
D) A buyer may waive both implied and express warranties only through signing a statement that such warranties are waived.
E) A buyer may waive implied warranties only through signing a statement that such warranties are waived, but a buyer may waive express warranties through (1) failing to examine goods for which an express warranty was created by a sample or model or (2) failing to comply with the seller's request to inspect the goods.

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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.

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A) 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.
B) Any attempt to disclaim the implied warranty of merchantability is per se unconscionable, and a court will refuse to enforce 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) By federal law, there is no requirement that the term "merchantability" be used in any disclaimer.

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A) 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.
B) It means only that the good or its defective part will be repaired. The buyer has no other remedy.
C) 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.
D) It means that the buyer must be immediately refunded the full purchase price.
E) It means that the buyer has the option of an immediate refund of the full purchase price or repair of the good.

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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.

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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) 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) Implied warranty of merchantability
B) Implied warranty of fitness for a particular purpose
C) Implied warranty of trade usage
D) Express warranty of integrity
E) Implied warranty of quality

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A) One
B) Two
C) Three
D) Four
E) Six

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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) 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.

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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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