Test 3 - 1. Pat , a salesperson for Quality Textiles, Inc....

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1. Pat , a salesperson for Quality Textiles, Inc. , Shows Rosa , a fabric buyer for Style Clothing Company , samples of cloth , stating that any shipment will match the samples. This statement is: A. An express warranty . 2. AAA Appliance salespersons tell potential customers that AAA products are “ excellent ”. This is D. sales talk or puffing 3. Smith Manufacturing Company makes and sells cell computers. In deciding whether the computers are merchantable , a curt would focus on whether B. the computers are fit for the ordinary purpose for which such goods are used 4. Jack , a lawyer, goes to Smith Manufacturing to buy a computer. He states that he needs a computer that runs the latest version of a legal software program that he uses. The computer does not run the software. Smith has violated. A. the warranty of fitness for a particular purpose 5. All-Rite Appliance Store advertises freezers at a “Special Low Price of $99.” When Bob tries to buy one of the freezers, Cathy , the salesperson, tells him that they are all sold and no more are obtainable. Cathy adds that All-Rite has other freezers for $1,299. This is B. bait-and –switch advertising 6. Fun Stuff Corporation manufactures skateboards, which it sells to Good Times Stores . Good Times sells the skateboards to consumers, including Holly , In a product liability suit based on strict liability due to a defect in the skateboards, Holly may recover from: B. Fun Stuff or Good Times . 7. Jack revives unsolicited books in the mail from Baby Book Sellers, Inc . Baby Book Sellers includes a note that says that Jack can keep the books for $9.95 or send them back in a prepaid mailer. Jack A. may keep the merchandise without any obligation to the Baby Book Sellers 8. Joyce works for Kappa Services Corporation as an independent contractor , and not as an employee, if C. Kappa does not control Joyce ’s work 9. Dana , an agent for Evan , signs an agreement on Evan ’s behalf but neglects to tell Evan that the agreement requires the payment of certain taxes. The government prosecutes Evan for failing to pay the taxes. Evan is A. liable , because Dana ’s knowledge is assumed to be known by Evan 10. Lynn is driving a truck for a locally owned bottler of Duff Cola . The truck is owned by the local bottler, but is adorned with Duff logos.
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