Question 1

Which of the following is not an express warranty?

Accepted Answer

The seller's opinion of the value of goods is not an express warranty as it is considered an opinion or puffery rather than a factual statement about the product. Express warranties are specific promises or representations made by the seller about the product, including statements of fact, product specifications, or expert opinions. Restating facts or market figures about a product and providing an expert opinion in a certain field are both examples of express warranties.

Question 2

Matt tells Ron that the snow boots he is selling are capable of protection at temperatures of 20° below zero. Ron orders a pair for his trip to Greenland. Upon delivery the box states "will protect your feet in temperatures down to 30° below zero." The first night's temperature goes down to 27 below. Ron suffers frostbite on all of his toes. Ron then sues for breach of warranty. What is the result?

Accepted Answer

The result is a breach because the box explicitly stated that the boots would protect in temperatures down to 30° below zero, which constitutes an express warranty. Ron relied on this warranty, and the product failed to perform as guaranteed, leading to his injury.

Question 3

Karen decided to sell her stair step exerciser, because she wasn't using it as much as she thought she would. Her friend Lydia bought it from Karen for $100. The first day that Lydia used the exerciser, it fell apart, injuring Lydia's ankle. Lydia:

Accepted Answer

C) The warranty of merchantability typically applies to merchants or sellers engaged in the business of selling the goods in question. Since Karen is a private individual selling a used item, the warranty of merchantability would not be implied in this private sale.

Question 4

Eric bought a new snowmobile from the North Pole Manufacturing Company. After buying the machine, Eric then modified it in order to soup it up. In February, just after a snowfall, Eric was driving the snowmobile, when it tipped over, trapping him beneath it. His leg was severely burned. Eric now wants to sue North Pole for strict liability. Eric:

Accepted Answer

B) Eric will likely lose the suit because he modified the snowmobile after purchasing it. Modifications can alter the performance and safety of a product, potentially absolving the manufacturer of liability for injuries caused by the modified product.

Question 5

An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair average quality is known as:

Accepted Answer

A warranty of merchantability is an implied warranty that ensures that goods sold by a merchant are of fair average quality and are fit for the general purposes for which they are sold. This means that the goods are expected to be reasonably usable for their intended purpose as understood in the commerce.

Question 6

Which of the following would most likely be a defect under 402A of the Restatement of Torts?

Accepted Answer

A chair produced without inserting the appropriate screws would most likely be considered a manufacturing defect under §402A of the Restatement (Second) of Torts, as it deviates from the manufacturer's intended design or specifications.

Question 7

The warranty of title for the sale of goods found in the Code:

Accepted Answer

The warranty of title under the Uniform Commercial Code (UCC) applies by default unless it is specifically excluded or modified by the parties involved in the contract.

Question 8

The Restatement (Third) of Torts: Products Liability, which supersedes Section 402A of the Second Restatement of Torts, is far more comprehensive than the Second Restatement in dealing with the liability of commercial sellers and distributors of goods for harm caused by their products.

Accepted Answer

The Restatement (Third) of Torts: Products Liability, adopted in 1998, provides a more detailed and nuanced approach to products liability, addressing design defects, manufacturing defects, and inadequate warnings or instructions, thus offering a more comprehensive framework than Section 402A of the Second Restatement of Torts, which primarily focused on strict liability for defective products.

Question 9

Mark tells Leslie that his sweeper has a four-stage allergen filtration system because he was told that when he bought it. Leslie buys the sweeper from Mark, but it does not have the four-stage allergen filtration system. Is Mark liable for breach of warranty?

Accepted Answer

Yes, because the statement was false. When Mark told Leslie that the sweeper had a four-stage allergen filtration system, he was making a statement about the sweeper's specifications. Regardless of his knowledge about the truth of the statement, the fact that the statement was false and likely influenced Leslie's decision to buy makes Mark liable for breach of warranty.

Question 10

In the In Re L. B. Trucking, Inc. case:

Accepted Answer

Southern States was found to have breached both express and implied warranties in the case.

Question 11

Which of the following does not create an express warranty within the meaning of the Code?

Accepted Answer

An offer to buy on credit does not create an express warranty; express warranties are created by affirmations of fact, promises, descriptions, or samples related to the goods.

Question 12

Which of the following is NOT included within the Code definition of merchantability?

Accepted Answer

The correct definition of merchantability under the Uniform Commercial Code (UCC) includes that goods must be reasonably fit for the ordinary purposes for which they are used, pass without objection in the trade under the contract description, and be of fair, average quality. It does not require that fungible goods exceed the description and be above average, making option C incorrect.

Question 13

Sandy rented a lawn mower from Scott Rentals. The lawn mower wheel was loose when Sandy picked up the mower. When she began to use it, the wheel fell off, causing the mower to tip over onto her foot. Under what theory can Sandy hold Scott liable for her injuries?

Accepted Answer

Both breach of warranty of merchantability and strict liability in tort for a defective condition are applicable theories under which Sandy can hold Scott Rentals liable for her injuries. The warranty of merchantability implies that the rented equipment is fit for the ordinary purposes for which such goods are used. Strict liability in tort for a defective condition applies because the lawn mower had a defect (loose wheel) that made it unsafe for its intended use.

Question 14

Whether an implied warranty arises out of the circumstances under which the parties enter into a contract may depend on:

Accepted Answer

The answer of Whether an implied warranty arises out of...

Question 15

Which of the following is generally NOT a defense to a claim against a manufacturer under 402A?

Accepted Answer

Under Section 402A of the Restatement (Second) of Torts, contributory negligence on the part of the plaintiff is generally not a defense against strict liability claims for product defects. This is because strict liability focuses on the condition of the product at the time it leaves the manufacturer's control, rather than on the behavior of the plaintiff.

Question 16

Implied warranties under the Code:

Accepted Answer

Implied warranties under the Uniform Commercial Code (UCC) automatically apply based on the nature of the transaction and do not require specific language in the contract to be effective. They are designed to protect the buyer by ensuring that goods sold meet certain minimum standards.

Question 17

Strict product liability exists if:

Accepted Answer

Strict product liability applies when a defective product that is unreasonably dangerous reaches the consumer without significant changes in its condition from the time it was sold. This liability does not depend on the manufacturer's or seller's negligence but on the dangerous defect of the product itself.

Question 18

Which of the following products would impose strict liability in tort according to Section 402A?

Accepted Answer

Section 402A of the Restatement (Second) of Torts imposes strict liability on sellers of any product in a defective condition unreasonably dangerous to the user or consumer. A chainsaw sold without safety shielding is considered to be in a defective condition that makes it unreasonably dangerous, thus fitting the criteria for strict liability.

Question 19

Terrell asks a salesperson what size of water heater he should buy for a twenty-unit motel. If Terrell purchases a tank based on the salesperson's suggestion, the salesperson's recommendation is:

Accepted Answer

The salesperson's recommendation is considered an implied warranty of fitness for a particular purpose because it is advice given for a specific use (providing enough hot water for a twenty-unit motel), indicating that the water heater is suitable for that particular need.

Question 20

Leslie purchased 100 flower pots from a local merchant. Warranties which are not included in her sales contract, but exist by "operation of law," are the:

Accepted Answer

Implied warranties are not explicitly stated in the sales contract but are legally assumed to exist by "operation of law," ensuring that the product will work as expected for a reasonable period of time.

Quiz 22: Product Liability Warranties and Strict Liability