Question 1

Assurances by one party that the other party can rely on its representations of fact are referred to as which of the following?

Accepted Answer

Warranties are assurances by one party that the other party can rely on its representations of fact.

Question 2

What was the result in the "Case Opener" in which a purchaser of a puppy from a person who regularly sold puppies sued the seller for veterinarian bills after the puppy was found to be in poor health?

Accepted Answer

In awarding the plaintiff the veterinarian bills, the court found that a sale of a dog was indeed a sale of a good under UCC Article 2; that the seller was a merchant, and as such the implied warranty of merchantability attached to any sale of goods from that merchant; and that under the UCC and breach of an implied warranty, foreseeable and consequential damages are not only allowed but required in the furtherance of justice.

Question 3

Because of the rule of privity,warranties may not extend to third parties to a contract.

Accepted Answer

Under the UCC the states are given the following three choices regarding third-party beneficiaries of warranties:
1. Seller's warranties extend to the buyer's household members and guests.
2. Seller's warranties extend to any reasonable and foreseeable user.
3. Seller's warranties extend to anyone injured by the good.

Question 4

A sample or model may constitute an express warranty.

Accepted Answer

A sample or model may provide an express warranty.

Question 5

Which of the following 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

The court ruled that the implied warranty of title did not extend to subsequent purchasers.

Question 6

To use common law language a[n] ______ is a material term of the sale or lease contract.

Accepted Answer

To use common law language, an express warranty is a material term of the sale or lease contract.

Question 7

Which of the following are types of warranties?

Accepted Answer

There are three basic categories of warranties: express warranties, implied warranties of title, and implied warranties of quality.

Question 8

Express warranties may be found in advertisements.

Accepted Answer

Express warranties may be found in advertisements or brochures.

Question 9

An express warranty is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

Accepted Answer

An express warranty is any description of the good's physical nature or its use, either in general or specific circumstances, that becomes part of the contract.

Question 10

Which of the following was the result in Welchert v.American Cyanamid Inc.,the case in the text in which the plaintiffs claimed breach of an express warranty after herbicide manufactured by the defendant allegedly caused crop damage,and the issue was whether the Federal Insecticide,Fungicide,and Rodenticide Act preempted claims involving the product's label?

Accepted Answer

According to the court, "We hold that their state law claim for breach of an express warranty is preempted by FIFRA."

Question 11

The Magnuson-Moss Act requires a full warranty on the sale of goods.

Accepted Answer

The Magnuson-Moss Act pertains to requirements if a seller decides to issue a written warranty for a consumer good.

Question 12

To invoke the implied warranty of merchantability,the purchaser or lessee must have purchased or leased the good from a merchant.

Accepted Answer

To invoke the implied warranty of merchantability, the purchaser must have purchased or leased the good from a merchant.

Question 13

In order to disclaim the implied warranty of fitness for a particular purpose,the seller must disclaim the warranty in writing.

Accepted Answer

In order to disclaim the implied warranty of fitness for a particular purpose, the seller must disclaim the warranty in writing.

Question 14

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

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

Question 15

The UCC adopted the common law of warranties.

Accepted Answer

This chapter focuses on how the UCC changed the common law of warranties.

Question 16

Which of the following was the result on appeal in Lucy Mydlach v.DaimlerChrysler Corp.,the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

Accepted Answer

The state supreme court found that the car buyer could bring a breach-of-written-warranty claim under the Magnuson-Moss Act because the limitations period began to run not when the car was bought but when the repairs under the warranty were not made. However, the car buyer could not bring a revocation of acceptance claim because revocation of acceptance was unavailable under Illinois law against a car manufacturer that was not a party to the sales contract.

Question 17

A[n] _____ is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

Accepted Answer

An express warranty is any description of the good's physical nature or its use, either in general or specific circumstances, that becomes part of the contract.

Question 18

The UCC assumes that the seller has defective title unless the seller proves otherwise.

Accepted Answer

The UCC assumes that the seller has good and valid title to the goods.

Question 19

Which of the following types of warranties are automatically,as a matter of law,injected into a contract?

Accepted Answer

Implied warranties are automatically, as a matter of law, injected into the contract.

Question 20

What is the warranty of assignability at common law?

Accepted Answer

At common law, the only implied warranty is the warranty of assignability. When a party "assigns" a contract to another party, the assignor is impliedly guaranteeing that the rights being assigned are valid.

Quiz 25: Warranties

Assurances by one party that the other party can rely on its representations of fact are referred to as which of the following?

What was the result in the "Case Opener" in which a purchaser of a puppy from a person who regularly sold puppies sued the seller for veterinarian bills after the puppy was found to be in poor health?

Because of the rule of privity,warranties may not extend to third parties to a contract.

A sample or model may constitute an express warranty.

Which of the following 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?

To use common law language a[n] ______ is a material term of the sale or lease contract.

Which of the following are types of warranties?

Express warranties may be found in advertisements.

An express warranty is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

The Magnuson-Moss Act requires a full warranty on the sale of goods.

To invoke the implied warranty of merchantability,the purchaser or lessee must have purchased or leased the good from a merchant.

In order to disclaim the implied warranty of fitness for a particular purpose,the seller must disclaim the warranty in writing.

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.

The UCC adopted the common law of warranties.

Which of the following was the result on appeal in Lucy Mydlach v.DaimlerChrysler Corp.,the case in the text involving whether the plaintiff could bring a revocation of acceptance claim against a vehicle manufacturer and the statute of limitation under the Magnuson-Moss Act?

A[n] _____ is any description of the good's physical nature or its use,either in general or specific circumstances,that becomes part of the contract.

The UCC assumes that the seller has defective title unless the seller proves otherwise.

Which of the following types of warranties are automatically,as a matter of law,injected into a contract?

What is the warranty of assignability at common law?