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Exam 18: Warranties

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Question 1

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To recover for breach of the implied warranty of fitness of purpose, a buyer must prove all of the following, EXCEPT:

A) the seller knew or had reason to know the buyer's purpose.
B) the seller knew or had reason to know that the buyer was relying on the seller's skill or judgment.
C) the goods are fit for the ordinary purpose for which the goods are used.
D) the buyer relied on the seller's skill or judgment.

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Question 2

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Implied warranties can relate to either the title or the quality of goods.

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Question 3

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A kind of guarantee or promise made by a manufacturer or seller that the goods and services offered are really what they are claimed to be, or that the goods or services are what a reasonable person has a right to expect, is known as a(n) :

Disclaimers of the warranty of fitness for a particular purpose must be:

What does the "implied warranty of fitness for a particular purpose" require?

A seller or manufacturer has significant legal responsibility to buyers and users of goods and services, but not to the third parties.

At times, a manufacturer or seller issues statements limiting a warranty to provide less protection than the law requires. Such statements do not have the force of law, and the manufacturer or seller is still responsible for breach of:

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.

A definite promise by the seller that the goods will have certain characteristics is a(n) :

If a seller, at the time of making a contract, knows or has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment in selecting or furnishing suitable goods, there is an implied warranty of:

An express warranty that is made by the seller to the buyer and becomes part of the basis of the agreement creates a(n) _________that the goods will be as promised.

In an effort to reduce the uneasiness of buyers, sellers often send out mailings to assure buyers that the buyers did indeed make a wise purchase. These statements, subsequent to the sale, also can be regarded as:

Lemon laws vary greatly from state to state, and may not necessarily cover:

The Magnuson-Moss Warranty Act applies only when written warranties are made voluntarily on consumer products that cost more than $500.

The law dealing with warranties is intended to protect the general public, but it has also has the effect of limiting the seller's obligations and responsibilities.

The Magnuson-Moss Warranty Act applies only when __________ warranties are made voluntarily on consumer products that cost more than___________

Both warranties and product liability claims are covered by the law of sales, contract law, and the Uniform Commercial Code.

Some sellers put specific limitations in the warranty to limit the effectiveness of a warranty. Such a denial or repudiation in an express warranty is known as:

The Uniform Commercial Code states that the seller must use formal words such as "warrant" or "guarantee" in order to create an express warranty.

The Uniform Commercial Code states that any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to: