ch20 - Ch.20 Quiz Instructions Please read the questions...

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Ch.20 Quiz Instructions Please read the questions carefully. This assessment is worth 100 points. 1. The Magnuson-Moss Act basically applies only to certain sales of consumer products to consumers. (5 points) True False 2. In order to be liable under the implied warranty of merchantability, a seller must be a merchant. (5 points) True False 3. An express warranty can only be created by words, whether written or oral. (5 points) True False 4. Generally speaking, disclaimers of liability will not work in consumer cases that proceed under section 402A. (5 points) True False 5. Today, comparative fault statutes often include assumption of risk and product misuse among the kinds of "fault" that are apportioned between the plaintiff and the defendant. (5 points) True False 6. The UCC allows for recovery for express warranties that were part of the ?basis of the bargain.? (5 points) True False 7. A remedy limitation is likely to be unconscionable in consumer cases involving personal injury. (5 points) True False 8. Design defect and failure-to-warn cases cannot be brought under section 402A, because they involve negligence principles and section 402A is a strict liability theory. (5 points) True False
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9. Jim buys a television set that simply does not work. Jim cannot recover for the defective set under section 402A. (5 points) True False 10. Article 2 of the UCC only allows recovery for "commercial" losses such as basis-of-the-bargain damages and indirect economic loss. Personal injury recoveries are impossible under Article 2. (5 points) True False 11. A written advertisement for a certain lawn mower states that the mower has a "three horsepower engine." Actually, the mower in question has a two horsepower engine. Joe read the ad on March 1,
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This note was uploaded on 02/28/2012 for the course ACCT 460 taught by Professor Charley during the Spring '12 term at Aachen University of Applied Sciences.

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ch20 - Ch.20 Quiz Instructions Please read the questions...

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