Question 1

Jean buys a bike from Mike's Bike Shop.She wants to make sure that there is a warranty of title.Jean

Accepted Answer

Warranties of title arise automatically in most sales contracts, so Jean does not need to do anything further to ensure a warranty of title.

Question 2

William steals a valuable collection of baseball cards from Phillip.William then sells the cards to Darrel,who does not know that the cards are stolen.Phillip discovers that Darrel has the cards.Which of the following best describes the rights and liabilities of the parties involved?

Accepted Answer

The answer of William steals a valuable collection of baseball...

Question 3

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

Accepted Answer

If the defendant can prove that the plaintiff's misuse of the product was the cause of their injuries, the plaintiff's recovery may be limited or barred altogether. This is because the defendant cannot be held responsible for injuries that occurred due to a use of the product that was not intended or foreseeable.

Question 4

In sales law,failing to examine the goods and refusing to examine the goods are considered the same thing.

Accepted Answer

The answer of In sales law,failing to examine the goods...

Question 5

For consumer goods costing more than $25,a written warranty must be labeled "full" or "limited."

Accepted Answer

This statement is true according to the Magnuson-Moss Warranty Act of 1975. It mandates that any consumer good that costs more than $25 must come with a written warranty labeled as either "full" or "limited".

Question 6

A manufacturer's duty of care does extend to the inspection and test?ing of products bought to incorporate in the final product.

Accepted Answer

A manufacturer has a duty of care to inspect and test the products they buy to incorporate into their final product. This is to ensure that the final product is safe and meets the required standards. Failure to do so can lead to product defects, injuries, or even fatalities, which would result in legal consequences for the manufacturer. Therefore, it is essential for manufacturers to incorporate inspection and testing procedures in their production process to ensure product safety and compliance.

Question 7

Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers.Merchant assures National that it has valid title to the goods.Under the UCC,a warranty of title arises

Accepted Answer

The answer of Merchant Supply Company and National Discount Stores...

Question 8

Strict liability depends on privity of contract between an injured party and a seller.

Accepted Answer

Strict liability does not depend on privity of contract. It imposes liability on a seller or manufacturer for any injury caused by a defective product, regardless of whether there was a contract between the injured party and the seller.

Question 9

A seller does not have to provide a written warranty for consumer goods.

Accepted Answer

The answer of A seller does not have to provide...

Question 10

Big Screen Video Corporation sells high-definition television sets.Under most cir?cum?stances,Big Screen Video will be presumed to have warranted that its title to the TVs is

Accepted Answer

Under the Uniform Commercial Code, a seller of goods warrants that their title to the goods is "good and valid" unless explicitly stated otherwise. Therefore, in this scenario, Big Screen Video Corporation would be presumed to have warranted that their title to the TVs is good and valid. Choice A is incorrect because the brand name does not necessarily indicate the validity of title. Choice B is incorrect because a warranty of title is indeed presumed under most circumstances. Choice D is incorrect because the warranty of title does not relate to the quality or value of the goods being sold.

Question 11

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

Accepted Answer

A design defect is one of the three types of product defects that can support the imposition of liability on a strict product liability basis, along with manufacturing defects and warning defects.

Question 12

A manufacturer's liability to an injured party on a strict product liability theory is limited to a refund or a replacement of the defective product.

Accepted Answer

A manufacturer's liability on a strict product liability theory can include damages for injuries caused by the defective product, not just a refund or replacement.

Question 13

In sales law,product liability is assurance by one party of the existence of a fact on which the other party can rely.

Accepted Answer

The definition given is not accurate for product liability, which refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products they produce or sell.

Question 14

A failure to exercise reasonable care is negligence.

Accepted Answer

Negligence is defined as a failure to exercise reasonable care, therefore the statement is true.

Question 15

To succeed in a strict product liability suit,an injured plaintiff must show that a product's defect was the proximate cause of the injury.

Accepted Answer

This statement is true. In a strict product liability suit, the plaintiff must prove that the defect in the product was the direct cause of their injury. This means that if the defect did not exist, the injury would not have occurred.

Question 16

Under the doctrine of strict liability,people are liable for the results of their acts only if their intentions are malicious.

Accepted Answer

Under the doctrine of strict liability, people can be held liable for the results of their acts even if they did not have malicious intentions. This means that they can be held responsible for any harm caused by their actions, regardless of their intent or fault.

Question 17

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers

Accepted Answer

The answer of The dangers associated with using sharp knives...

Question 18

Sarah buys a computer game developed by Al's Gaming Company.One month later,Sarah and several other customers of Al's Gaming Company are sued by George's Fun Games,Inc.because the game from Al's is a direct copy of a copyrighted game sold by George's.Sarah

Accepted Answer

Sarah must notify Al's Gaming Company of the lawsuit in a reasonable time, as they are the ones who sold her the game. It is ultimately up to Al's Gaming Company to address the lawsuit and take any necessary actions. Failing to notify Al's Gaming Company could have consequences for Sarah's involvement in the lawsuit.

Question 19

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Accepted Answer

The statement is incorrect. Strict product liability applies regardless of whether the product has been substantially changed or not. As long as the product is in a defective condition and causes injury to the user, the manufacturer, distributor, or seller can be held liable.

Question 20

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Accepted Answer

Suppliers have a duty to design and manufacture products that are reasonably safe for their intended use and to provide adequate warning of any foreseeable risks associated with their products, including reasonably foreseeable misuses.

Quiz 21: Warranties and Product Liability