Question 1

In an effort to limit the effect of express warranties, some sellers put specific limitations in the warranty called disclaimers.

Accepted Answer

Disclaimers are often used by sellers to limit the effect of express warranties.

Question 2

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

Accepted Answer

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

Question 3

Implied warranty of fitness for a particular purpose is sometimes referred to as fitness of purpose.

Accepted Answer

This statement is true. Implied warranty of fitness for a particular purpose is often referred to as fitness of purpose. It means that when a seller sells a product to a buyer, the seller implicitly warrants that the product is fit for the specific purpose for which the buyer intends to use it.

Question 4

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.

Accepted Answer

The law concerning warranties sets standards and expectations for product quality, safety, and reliability. However, it does establish specific guidelines and limitations for the seller's duties and liabilities. This balance helps to guarantee that customers receive adequate protection and support while also ensuring that manufacturers and retailers can operate effectively and efficiently.

Question 5

A buyer cannot refuse delivery of goods even if the goods are not the same as described by the seller or do not conform to the sample or model used by the seller to effect the sale.

Accepted Answer

A buyer has the right to refuse delivery of goods if they are not the same as described by the seller or do not conform to the sample or model used by the seller to effect the sale. This is known as the right of rejection under consumer protection laws.

Question 6

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

Accepted Answer

The answer of Both warranties and product liability claims are...

Question 7

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.

Accepted Answer

An implied warranty of fitness exists even if the buyer does not expressly inform the seller of the intended use of the merchandise. The warranty assumes that the buyer is relying on the seller's expertise and judgment to select suitable goods for the buyer's purpose.

Question 8

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):

Accepted Answer

The term "warranty" refers specifically to a guarantee made by a manufacturer or seller. While the terms "patronage" and "custom" are related to consumer behavior and purchasing habits, they do not refer specifically to a guarantee or promise about the quality of goods or services. "Guarantee" is a similar term but is less commonly used in legal contexts than "warranty."

Question 9

Express warranties can be made in many ways, both orally and in writing, including by promise, description, sample, or model.

Accepted Answer

This statement is true. Express warranties can be made orally or in writing, and can take many forms such as promises, descriptions, samples, or models.

Question 10

Sales talk, or puffing, has the effect of a warranty.

Accepted Answer

Sales talk or puffing is a form of exaggerated or subjective statements made by a seller or marketer to make their product or service seem more appealing. It is not a legally binding promise or warranty, and buyers cannot rely on it as such. Therefore, it does not have the effect of a warranty.

Question 11

A(n) ____________warranty is a guarantee suggested or inferred from known facts and circumstances.

Accepted Answer

An implied warranty is one that is not stated explicitly, but rather is suggested or inferred from the circumstances of the sale. It is based on the assumption that certain things are always true in a sale, such as the seller owning the item being sold and the item being fit for its intended purpose. This type of warranty is legally required in some situations, such as when a product is sold in a merchant's store.

Question 12

If a written warranty is vague and indefinite, the court may apply the custom of the marketplace or what such a warranty usually means in similar transactions.

Accepted Answer

This is because the court needs to interpret the warranty and determine its meaning, and can look to industry practices or customs to do so. If the warranty is too vague or unclear, the court may use this approach to determine what the parties intended the warranty to cover.

Question 13

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

Accepted Answer

A seller or manufacturer may have legal responsibilities to third parties if their actions or products cause harm or damage to third parties. For example, if a car manufacturer sells a faulty product that causes harm to someone who is not the customer or user of the car (such as a pedestrian), the manufacturer may still be held liable for damages.

Question 14

The various provisions of law of sales, contract law, the Uniform Commercial Code, and tort law provide remedies to buyers and users of goods and services, and to third parties, who suffer:

Accepted Answer

The various provisions of law mentioned in the question provide remedies to buyers and users of goods and services, and to third parties, who suffer physical injuries or financial losses. These laws aim to protect the interests of consumers and provide them with appropriate compensation or recourse in case of harm or loss caused by the products or services they have purchased or used. The other options, such as psychological trauma, loss of consortium, and job loss, are not always directly related to the purchase or use of goods and services and may not always be covered by the provisions of these laws.

Question 15

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:

Accepted Answer

The manufacturer or seller is still responsible for breach of warranty, regardless of any statements they make limiting the warranty. This is because warranties are a legally binding agreement and cannot be modified by the seller unilaterally. Therefore, the correct answer is choice D - warranty.

Question 16

Product liability, covered by tort law, provides consumers and users with remedies when they are injured or suffer property damage as a result of:

Accepted Answer

Product liability falls under tort law, which provides consumers and users with remedies when they are injured or suffer property damage as a result of defective goods. The other options, such as defective services, defective laws, or excess tax imposition, do not fall under the purview of product liability.

Question 17

An implied warranty of merchantability is the assumption by law that the goods sold by a merchant/seller are fit to be sold or resold.

Accepted Answer

An implied warranty of merchantability is a legal guarantee that the product sold by a merchant or seller is fit for its intended purpose and meets the usual standards for a similar product in the same line of business. It is a presumption that the product is of sufficient quality, free from any defects or malfunctions, and suitable for the ordinary purposes for which such goods are used.

Question 18

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

Accepted Answer

The Magnuson-Moss Warranty Act applies to all consumer products, regardless of cost, as long as there is a written warranty provided. It does not require the manufacturer to offer a warranty, but if they do, they must comply with the requirements of the Act.

Question 19

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

Accepted Answer

The Uniform Commercial Code does not require specific words to create an express warranty. Any statement made by the seller that relates to the goods and provides assurance to the buyer can create an express warranty.

Question 20

In addition to federal law, consumers are also protected by lemon laws enacted by the individual states.

Accepted Answer

This statement is true. Each state has its own lemon law that provides consumers with additional protections beyond federal law. These laws vary by state but generally provide remedies such as a refund or replacement vehicle if a car is found to be a lemon.

Quiz 18: Warranties

In an effort to limit the effect of express warranties, some sellers put specific limitations in the warranty called disclaimers.

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

Implied warranty of fitness for a particular purpose is sometimes referred to as fitness of purpose.

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.

A buyer cannot refuse delivery of goods even if the goods are not the same as described by the seller or do not conform to the sample or model used by the seller to effect the sale.

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

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 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) :

Express warranties can be made in many ways, both orally and in writing, including by promise, description, sample, or model.

Sales talk, or puffing, has the effect of a warranty.

A(n) ____________warranty is a guarantee suggested or inferred from known facts and circumstances.

If a written warranty is vague and indefinite, the court may apply the custom of the marketplace or what such a warranty usually means in similar transactions.

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

The various provisions of law of sales, contract law, the Uniform Commercial Code, and tort law provide remedies to buyers and users of goods and services, and to third parties, who suffer:

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:

Product liability, covered by tort law, provides consumers and users with remedies when they are injured or suffer property damage as a result of:

An implied warranty of merchantability is the assumption by law that the goods sold by a merchant/seller are fit to be sold or resold.

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

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

In addition to federal law, consumers are also protected by lemon laws enacted by the individual states.