Question 1

A disclaimer is a specific statement indicating a particular warranty does not exist,or limiting the warranty as to nature or duration.

Accepted Answer

A disclaimer is a statement that denies, limits or qualifies any arrangement, obligation, guarantee or warranty.

Question 2

One is legally required to stop along public highways and to assist persons who appear to have car trouble or who are apparently victims of an accident.

Accepted Answer

While it is a moral obligation to assist someone in need, there is no legal requirement to do so. However, some states may have Good Samaritan laws that protect those who do offer assistance from liability.

Question 3

All attempts by a merchant to disclaim a warranty are unconscionable.

Accepted Answer

While attempts by a merchant to disclaim a warranty may be deemed unconscionable in some cases, it is not a blanket statement that applies to all situations. The enforceability of a warranty disclaimer depends on various factors, including the type of product being sold, the language used in the disclaimer, and the circumstances surrounding the sale.

Question 4

It is common for an implied warranty of merchantability to be limited as to its duration by language included as part of an express warranty in the sale of an automobile.

Accepted Answer

This is true because an express warranty can limit the duration of an implied warranty of merchantability. For example, a manufacturer's warranty might state that it covers all defects for three years or 36,000 miles, whichever comes first. After that time or mileage limit has passed, the implied warranty of merchantability would no longer apply.

Question 5

A law that holds parents liable for the torts of their children committed while they are driving a motor vehicle is an exception to the rule that parents are not generally liable for the torts of their children.

Accepted Answer

This is because the operation of a motor vehicle is considered a potentially dangerous activity and parents have a duty to supervise and control their children's use of the vehicle. Therefore, they may be held responsible if their child causes harm while driving.

Question 6

Most fatal automobile accidents involve excessive drinking of alcoholic beverages or ingestion of drugs by the responsible party.

Accepted Answer

According to statistics from the National Highway Traffic Safety Administration (NHTSA), a majority of fatal automobile accidents involve alcohol or drugs. In 2018, alcohol-impaired driving fatalities accounted for 29% of all motor vehicle crash deaths in the United States.

Question 7

The automobile has been responsible for more deaths and injuries of Americans than all the wars fought by the United States.

Accepted Answer

According to the National Safety Council, since the invention of the automobile, there have been more than 3.7 million motor vehicle fatalities in the United States, whereas the total number of military casualties in all of the wars fought by the US is around 1.35 million. Therefore, the statement is true.

Question 8

The implied warranty of merchantability arises only in the sale of a new automobile.

Accepted Answer

The implied warranty of merchantability arises in any sale of goods, including new and used automobiles, as long as the seller is a merchant who deals in such goods.

Question 9

The plaintiff who sues a negligent driver is legally limited in his judgment and recovery by the amount of public liability and property damage insurance that the defendant carries.

Accepted Answer

The plaintiff's judgment and recovery in a lawsuit against a negligent driver are not legally limited by the amount of insurance the defendant carries. The plaintiff can seek damages beyond the defendant's insurance coverage, potentially targeting the defendant's personal assets.

Question 10

A salesperson's opinion that a vehicle is "the best new vehicle to be introduced in forty years," if untrue,would be fraud.

Accepted Answer

This statement is considered puffery, which is a subjective opinion, not a factual claim, and therefore does not constitute fraud.

Question 11

Only a few states have passed automobile lemon laws.

Accepted Answer

Lemon laws exist in all 50 states, although the specifics of the laws may vary.

Question 12

Financial responsibility laws require that drivers involved in accidents either have a prescribed minimum amount of personal liability and property damage insurance,or prove that they can pay damages up to a certain amount,if found liable for an accident.

Accepted Answer

This is correct. Financial responsibility laws vary by state, but in general they require drivers to have a certain amount of insurance coverage or be able to prove their ability to pay for damages if found at fault in an accident.

Question 13

The parol evidence rule holds that when persons have signed a contract as their final and complete expression of intention (integrated contracts),then neither party may introduce in court any evidence of prior or contemporaneous oral or written material that adds to or modifies that written contract.

Accepted Answer

The statement correctly describes the parol evidence rule.

Question 14

If you are involved in an automobile accident while driving a rented car,you have no responsibility to the rental company if the driver of the other automobile caused the accident.

Accepted Answer

Even if the other driver caused the accident, you are still responsible for the rented car. You must report the accident to the rental company and may be liable for damages unless covered by insurance or waivers you've purchased.

Question 15

A warranty of title is generally implied in any and all sales contracts.

Accepted Answer

A warranty of title is an implied warranty that the seller has the right to sell the goods being sold and that there are no liens or other claims against the goods. This warranty is implied in all sales contracts, unless specifically excluded or modified by the contract.

Question 16

It is presumptively negligent for anyone to drive within one hour after drinking more than two liquid ounces of alcohol in any beverage.

Accepted Answer

While it is generally recommended to wait at least one hour per drink before driving, there is no set standard for how much alcohol can be consumed before it becomes presumptively negligent to drive. Factors such as weight, gender, and metabolism can all affect a person's ability to process alcohol. Therefore, it is not accurate to say that drinking more than two liquid ounces of alcohol in any beverage automatically constitutes negligence in driving.

Question 17

A common carrier may not limit its dollar liability for luggage lost through its negligence.

Accepted Answer

A common carrier can limit its liability for lost luggage through the terms and conditions of carriage, provided these limitations are reasonable, clearly communicated to the passenger, and comply with applicable laws and regulations.

Question 18

Ownership of personal property can be acquired only by purchase.

Accepted Answer

Personal property can be acquired not only by purchase but also through gift, inheritance, finding, and other legal means.

Question 19

A bailment is a sale of real property.

Accepted Answer

A bailment is the transfer of possession of personal property from one person (the bailor) to another person (the bailee) for a specific purpose, with the understanding that the property will be returned or disposed of in a certain way once the purpose has been fulfilled. It is not a sale of real property.

Question 20

Legal permission to be licensed to drive a motor vehicle on public highways is a privilege,not a basic constitutional right.

Accepted Answer

The Supreme Court has consistently held that driving is a privilege, not a fundamental right protected by the Constitution. Therefore, states have the authority to require individuals to obtain a driver's license and meet certain qualifications before they are permitted to operate a motor vehicle on public roads.

Quiz 10: Owning and Operating Motor Vehicles