B) False
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False
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B) False
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A) No because the model was just an example of puffing.
B) Yes,a sample or model may provide an express warranty.
C) No because express warranties must be written.
D) No,but the model created an implied warranty.
E) No because the model did not claim to make representations.
G) A) and B)
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A) Yes,an express warranty.
B) No because it is puffing.
C) No because it is just a sales persons statement.
D) Yes,an implied warranty
E) No because it is not in writing.
G) A) and D)
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B) False
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A) Contractual promises
B) Warranties
C) Consensual promises
D) Affirmances
E) Engagements
G) C) and E)
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A) Yes,an express warranty.
B) No,because Jesse is not a merchant.
C) Yes,an implied warranty of fitness for a particular purpose.
D) No,because Jesse couldn't possibly know if the glue would work on fabric.
E) It depends upon whether the glue works on any other materials or not.
G) C) and E)
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A) One
B) Six
C) Two
D) Three
E) Four
G) B) and C)
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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.
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B) False
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A) XYZ Company will win because although Lexi correctly sued the seller,Lexi filed suit outside the four year statute of limitations.
B) Lexi will win because she can hold XYZ Company responsible and because there is no statute of limitations for business goods of this type.
C) XYZ Company will win because in such situations Lexi must sue the manufacturer and also because Lexi filed suit outside the four year statute of limitations.
D) Lexi will be allowed to proceed because she can hold XYZ Company responsible and because the statute of limitation was tolled during negotiations,she sued on a timely basis.
E) XYZ Company will win because although Lexi sued within the statute of limitations,in such situations Lexi must sue the manufacturer.
G) A) and C)
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A) No,because the computer was sold with a warranty of merchantability.
B) 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.
C) No,because the computer was sold with a warranty of merchantability and also with a warranty of fitness for a particular purpose.
D) Yes,because unless Carmen had a written promise specifically providing for a warranty,the computer was sold without a warranty.
E) Yes,because unless Carmen had an oral promise specifically promising a warranty or a written contract specifically providing for a warranty,the computer was sold without a warranty.
G) A) and B)
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A) Yes because there is a 10 year statute of limitations under the UCC
B) It depends upon the contract terms.
C) Yes,because the parties are free to negotiate any statute of limitation they want.
D) No,because parties to a contract are never allowed to negotiate on the statute of limitation.
E) No,because the UCC requires a lawsuit to be brought within four years and parties to a contract are not free to negotiate a longer time period than the UCC's four year limit.
G) B) and E)
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B) False
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A) Warranties are not recognized in Hong Kong.
B) Time of payment and delivery are considered warranties.
C) Conditions are considered the same as warranties.
D) Delivery is considered a warranty,but time of payment is not considered a warranty.
E) Time of payment is considered a warranty,but delivery is not considered a warranty.
G) C) and D)
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B
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A) It applies in every sales transaction involving a merchant.
B) It applies in every case in which an implied warranty of merchantability is found.
C) It may be applied to sellers who are not merchants.
D) It is a common law doctrine not followed by the UCC which recognizes only the implied warranty of merchantability.
E) It applies in every case in which an express warranty is found.
G) B) and D)
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A) Yes because the UCC specifically permits buyers to recover from sellers who have breached warranties of title.
B) Yes,because UCC assumes that the seller has good and valid title to goods.
C) No,because this is an exception to the warranty of title because the seller was obviously unable to guarantee title.
D) Yes because there are no exceptions to title warranties.
E) Yes because the UCC assumes that the seller has the right to transfer title free and clear.
G) B) and C)
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A) Both parties must be merchants and a sale,not a lease,must be involved.
B) The seller must be a merchant and a sale,not a lease,must be involved.
C) The seller must be a merchant,and either a sale or lease must be involved.
D) Both parties must be merchants,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.
G) C) and D)
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A) Seller's warranties extend to the buyer and the buyer's family only.
B) Seller's warranties extend to the buyer's household members and guests.
C) Seller's warranties extend to the buyer only.
D) Seller's warranties extend to anyone injured by the good.
E) Seller's warranties extend to any reasonable and foreseeable user.
G) D) and E)
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A) It results in the plaintiff only having the right to sue for damages,not injunctive relief.
B) It operates as a waiver of warranty rights only if the defendant can establish that the plaintiff had actual knowledge of the statute of limitations.
C) There is no effect so long as the plaintiff can establish that he or she was not aware of the statute of limitations.
D) It operates as a waiver of warranty rights under the contract.
E) It results in the plaintiff only having the right to sue for injunctive relief,not damages.
G) B) and E)
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