Chap017 - Chapter 017 Warranties Chapter 017 Warranties Student 1 A seller or manufacturer has significant legal responsibility only to buyers and

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Chapter 017 : Warranties Chapter 017 : Warranties Student: ___________________________________________________________________________ 1. A seller or manufacturer has significant legal responsibility only to buyers and users of goods and services, but not to the third parties. BT: Knowledge PO: 1 True False 2. Both warranties and product liability claims are covered by the law of sales, contract law, and the Uniform Commercial Code. BT: Knowledge PO: 1 True False 3. The law dealing with warranties is intended to protect the general public, but it has also limited the seller's obligations and responsibilities. BT: Analysis PO: 2 True False 4. If a written warranty is vague and indefinite, the court may apply the custom of the marketplace or what such a warranty usually means in similar transactions. BT: Knowledge PO: 3 True False 5. Express warranties can be made in many ways, both orally and in writing, including by promise, description, sample, or model. BT: Knowledge PO: 3 True False
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6. A buyer cannot refuse delivery of goods even if the goods are not the same as described by the seller or do not conform to the sample or model used by the seller to effect the sale. BT: Comprehension PO: 3 True False 7. The Uniform Commercial Code states that the seller must use formal words such as "warrant" or "guarantee" in order to create an express warranty. BT: Knowledge PO: 3 True False 8. Sales talk, or puffing, has the effect of a warranty. BT: Knowledge PO: 3 True False 9. In an effort to limit the effect of express warranties, some sellers put specific limitations in the warranty. BT: Knowledge PO: 3 True False 10. Implied warranties can relate to either the title or the quality of goods. BT: Knowledge PO: 4 True False 11. According to Uniform Commercial Code, 2-104(1), a merchant is anyone who deals in goods of the kind being sold in the ordinary course of business, or who presents himself or herself as having the skills or knowledge relating to the goods. BT: Knowledge PO: 4 True False
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12. Implied warranty of fitness for a particular purpose is sometimes referred to as fitness of purpose. BT: Knowledge PO: 4 True False 13. An implied warranty of fitness does not exist if the buyer does not expressly inform the seller of his or her intended use of the merchandise. BT: Knowledge PO: 4 True False 14. The Magnuson-Moss Warranty Act requires that a written warranty be labeled either "short" or "unlimited." BT: Knowledge PO: 5 True False 15. In addition to federal law, consumers are also protected by lemon laws enacted by the individual states. BT: Knowledge PO: 5 True False 16. The various provisions of law of sales, contract law, the Uniform Commercial Code, and tort law provide remedies to buyers and users of goods and services, and to third parties, who suffer: A. physical injuries or financial losses. B. psychological trauma.
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This note was uploaded on 09/25/2011 for the course GENB 4350 taught by Professor Louis during the Spring '11 term at Houston Baptist.

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Chap017 - Chapter 017 Warranties Chapter 017 Warranties Student 1 A seller or manufacturer has significant legal responsibility only to buyers and

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