Question 1

Unless the seller proves otherwise,the UCC assumes that the seller has defective title to the goods.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is true regarding whether a seller must provide a warranty under the Magnuson-Moss Act?

Accepted Answer

A)  A seller must provide at least an express,limited warranty.
B)  A seller must provide at least an implied,limited warranty.
C)  A seller must provide an express,full warranty.
D)  A seller must provide an implied,full warranty.
E)  The act does not require that the seller provide any warranties.F) All of the above
G) B) and D)

Question 3

List the circumstances under which an implied warranty of fitness for a particular purpose will be found.

Accepted Answer

That warranty comes about when a seller ...

Question 4

The UCC assumes that the seller has the right to transfer title free and clear of infringements of intellectual property rights of which the buyer does not have knowledge.

Accepted Answer

A) True 
 B)False

Question 5

[Boat Tow] Ryan went to a new car dealership and told the salesperson,Kristin,who was not the manager,that he needed a new car with good gas mileage and that could pull his big boat.Kristin encouraged him to buy a smaller car that she promised could pull the boat.Kristin 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.Ryan 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.Ryan complained to the Kristin who denied any liability.Ryan,who had half a semester of business law,informed Kristin 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.Kristin truthfully said that no explicit promises regarding warranties were ever made orally or in writing.
-Is Ryan correct that the car was sold with an implied warranty of merchantability?

Accepted Answer

A)  No,because only the manager can make such a warranty.
B)  Yes,but only because Kristin verbally made certain promises.
C)  Yes,because there was a reasonable expectation of how the vehicle would perform.
D)  No,because there was no writing guaranteeing the warranty signed by the salesperson.
E)  No,because Kristin was only engaged in puffing.F) B) and C)
G) C) and E)

Question 6

What was the court's ruling on appeal in First State Bank & Trust Company of Shawnee v.Wholesale Enterprises Inc. ,the case in the text involving whether the implied warranty of title should be extended to subsequent purchasers?

Accepted Answer

A)  The court ruled that the implied warranty of title did extend to subsequent purchasers.
B)  The court ruled that the implied warranty of title did not extend to subsequent purchasers.
C)  The court ruled that the implied warranty of title extended only to subsequent purchasers who purchased within 12 months.
D)  The court ruled that the implied warranty of title extended only to the first three subsequent purchasers,but no further.
E)  The court ruled that the implied warranty of title extended only to subsequent purchasers who purchased within 4 years.F) A) and E)
G) B) and E)

Question 7

Which of the following best expresses the court's ruling in the case nugget Jackson v.Bumble Bee Seafoods Inc. ,in which the plaintiff sued after small fish bones were found in canned tuna fish eaten by the plaintiff?

Accepted Answer

A)  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.
B)  That the plaintiff could not recover because the bone was not a foreign substance to the fish and should have been expected.
C)  That the plaintiff could not recover because no food has warranties attached to it.
D)  That the plaintiff could recover based upon the implied warranty of fitness for a particular purpose.
E)  That the plaintiff could recover based on an express warranty.F) A) and B)
G) C) and D)

Question 8

What is one of the two ways an express warranty can be viewed?

Accepted Answer

A)  Warranties which are enforceable because they come from written guarantees.
B)  Warranties which provide a very short time for a buyer to buyer a cause of action.
C)  Warranties which protect sellers by limiting situations in which buyers can bring suit.
D)  Warranties which arise out of the UCC,rather than the common law.
E)  Warranties which give the buyer a longer time to bring suit.F) A) and B)
G) B) and D)

Question 9

The UCC specifically permits buyers to recover from sellers who have breached warranties of title.

Accepted Answer

A) True 
 B)False

Question 10

Which is a true statement regarding a buyer's right to waive warranties?

Accepted Answer

A)  A buyer may waive express warranties but not implied warranties.
B)  A buyer may waive implied warranties but not express warranties.
C)  A buyer may waive express warranties and the implied warranty of fitness for a particular purpose,but not the implied warranty of merchantability.
D)  A buyer may not waive warranties.
E)  A buyer may waive both express warranties and implied warranties.F) C) and E)
G) A) and B)

Exam 25: Warranties

What was the court's ruling on appeal in First State Bank & Trust Company of Shawnee v.Wholesale Enterprises Inc. ,the case in the text involving whether the implied warranty of title should be extended to subsequent purchasers?

Correct Answer
verified

Unless the seller proves otherwise,the UCC assumes that the seller has defective title to the goods.

Correct Answer
verified

List the circumstances under which an implied warranty of fitness for a particular purpose will be found.

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

What is one of the two ways an express warranty can be viewed?

Correct Answer
verified

The UCC assumes that the seller has the right to transfer title free and clear of infringements of intellectual property rights of which the buyer does not have knowledge.

Correct Answer
verified

Which is a true statement regarding a buyer's right to waive warranties?

Correct Answer
verified

Which of the following is true regarding whether a seller must provide a warranty under the Magnuson-Moss Act?

Correct Answer
verified

The UCC specifically permits buyers to recover from sellers who have breached warranties of title.

Correct Answer
verified

Correct Answer
verified

Which of the following best expresses the court's ruling in the case nugget Jackson v.Bumble Bee Seafoods Inc. ,in which the plaintiff sued after small fish bones were found in canned tuna fish eaten by the plaintiff?

Correct Answer
verified

Exam 25: Warranties

What was the court's ruling on appeal in First State Bank & Trust Company of Shawnee v.Wholesale Enterprises Inc. ,the case in the text involving whether the implied warranty of title should be extended to subsequent purchasers?

Correct AnswerverifiedShow Answer

Unless the seller proves otherwise,the UCC assumes that the seller has defective title to the goods.

Correct AnswerverifiedShow Answer

List the circumstances under which an implied warranty of fitness for a particular purpose will be found.

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

What is one of the two ways an express warranty can be viewed?

Correct AnswerverifiedShow Answer

The UCC assumes that the seller has the right to transfer title free and clear of infringements of intellectual property rights of which the buyer does not have knowledge.

Correct AnswerverifiedShow Answer

Which is a true statement regarding a buyer's right to waive warranties?

Correct AnswerverifiedShow Answer

Which of the following is true regarding whether a seller must provide a warranty under the Magnuson-Moss Act?

Correct AnswerverifiedShow Answer

The UCC specifically permits buyers to recover from sellers who have breached warranties of title.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following best expresses the court's ruling in the case nugget Jackson v.Bumble Bee Seafoods Inc. ,in which the plaintiff sued after small fish bones were found in canned tuna fish eaten by the plaintiff?

Correct AnswerverifiedShow Answer

Correct Answer
verified

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

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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