Question 1

Grill Lovers, a Manufacturing Co. that makes gas grills for outdoor cooking, sold several of its grills to Premier Home Company located in a large city. Ferris, who purchased a gas grill from Premier, was seriously injured while grilling steaks outside for a family outing. The injury resulted from a manufacturing defect in the gas line which caused an explosion as he was cooking over the grill. In order to be successful in his lawsuit, which is based on strict liability, Ferris must present proof that

Accepted Answer

In a strict liability case, the plaintiff must prove that the product was unreasonably dangerous when it left the manufacturer's or seller's control and that the defect caused the injury. Privity of contract or warranty is not required.

Question 2

A warranty given by the seller after the sale

Accepted Answer

A warranty given by the seller after the sale is still valid. It does not necessarily need to be accompanied by additional consideration, be written, or is automatically unenforceable just because it was given post-sale.

Question 3

An express warranty to be valid must be based on ____________________ not just someone's opinion.

Accepted Answer

The answer of An express warranty to be valid must...

Question 4

The implied warranty of merchantability does not apply in which of these situations?

Accepted Answer

The implied warranty of merchantability applies only when the seller is a merchant with respect to goods of that kind. In a sale by a non-merchant, this warranty does not apply.

Question 5

Quinby ordered a snowplow, specifying that it must be suitable for heavy-duty use on country roads. Quinby found the snowplow not at all suitable for this use. The seller of the plow may be held liable for breach of warranty of

Accepted Answer

The seller can be held liable for breach of warranty of fitness for a particular purpose because Quinby specified the need for the snowplow to be suitable for heavy-duty use on country roads, indicating a particular purpose for which the snowplow was required.

Question 6

The test of merchantability in the case of foods is generally what a reasonable person can expect to find in the food. Which of the following would most likely show a breach of this warranty?

Accepted Answer

The presence of a fish bone in a bowl of vegetable soup is unexpected and not something a reasonable person would anticipate, unlike the other examples which are common and naturally occurring in those food items.

Question 7

Wilson went to the Costal Camera Co. to purchase a digital camera. Not knowing much about digital, she worked with a salesperson she thought could help her. After looking and testing several cameras, she narrowed her choice down to a particular camera and asked the salesperson: "Is this camera complicated to use?" The salesperson replied: "Anyone can work this camera, even my three year old daughter." Relying on this statement, Wilson purchased the camera she had selected. The salesperson's statement is a(n)

Accepted Answer

The salesperson's statement is considered a seller's puff because it is an opinion or exaggeration made by a salesperson or found in an advertisement that concerns the quality of goods offered for sale. Such statements are subjective and not meant to be taken literally or as a guarantee.

Question 8

Martin Taylor purchased an electric shaver for cash from the Arco Department Store for $125.95. The following manufacturer's statement was printed on a tag attached to the razor: "Warranted for ninety days from date of purchase against original factory imperfections in materials and workmanship." Taylor took the razor for a slight adjustment two weeks after he bought it. He expressed some concern about the short warranty period of ninety days offered by the manufacturer. The store manager replied, "Don't worry, I will give you an additional store warranty of one year against all defects and, if necessary, will replace the razor with a new one." This statement by the store manager would be

Accepted Answer

The store manager's promise of an additional one-year warranty against all defects, if proven, constitutes a valid oral warranty extension beyond the manufacturer's original warranty, thus binding the store to its terms.

Question 9

For a statement made by a seller to a buyer to become a(n) ____________________ warranty, the statement must be part of the basis of the sale.

Accepted Answer

The answer of For a statement made by a seller...

Question 10

According to the Magnuson-Moss Warranty Act, which of the following statements is true?

Accepted Answer

The Magnuson-Moss Warranty Act ensures that if a written warranty is provided, implied warranties cannot be disclaimed, thus protecting consumers.

Question 11

Below are four statements made by salespeople to customers. In each case, a customer made a purchase relying on the statement, the statement proved to be false, and the customer suffered a loss. Which statement would most likely serve as the basis for a successful suit for breach of warranty?

Accepted Answer

Statement D, "This material is fireproof and approved by Underwriters' Laboratories," is a specific, factual claim that can be verified against standards and certifications. If false, it directly misrepresents the product's safety and quality, making it a strong basis for a breach of warranty claim.

Question 12

Under the UCC the seller may add a statement in the contract selling her goods that excludes certain ____________________.

Accepted Answer

The answer of Under the UCC the seller may add...

Question 13

Which of the following warranties can be disclaimed by a seller?

Accepted Answer

All of these warranties can be disclaimed by a seller, but the manner and specificity of the disclaimer vary. Express warranties can be disclaimed if the disclaimer is clear and conspicuous. Implied warranties can be disclaimed by using specific language or by selling the goods "as is" or with "all faults."

Question 14

A(n) ____________________ is a guarantee by a seller that a product is not defective and is suitable for its intended use.

Accepted Answer

The answer of A(n) ____________________ is a guarantee by a...

Question 15

Monchessa went to a fabric store to purchase fabric to make herself a suit. The sales person showed her several bolts of fabric. She picked out the fabric she wished to buy but was told there wasn't enough to make a suit but that she would order a bolt from the manufacturer. The salesperson assured Monchessa that the fabric she ordered "would match exactly the fabric she had selected." The salesperson's statement is

Accepted Answer

The salesperson's assurance that the ordered fabric "would match exactly the fabric she had selected" constitutes an express warranty. This is because it is a clear, affirmative promise or description concerning the quality, condition, or performance of the goods being sold.

Question 16

Goods that are fit for the purpose for which they would ordinarily be used are called ____________________.

Accepted Answer

The answer of Goods that are fit for the purpose...

Question 17

In a sale of goods, the use of the term "as is" indicates

Accepted Answer

The term "as is" in a sale of goods indicates that the item is being sold in its current condition, and the seller is not providing any warranties, implied or otherwise, about the item's quality, functionality, or merchantability. This means the buyer accepts the item with all its faults, if any, and cannot hold the seller responsible for any defects.

Question 18

Grill Lovers, a Manufacturing Co. that makes gas grills for outdoor cooking, sold several of its grills to Premier Home Company located in a large city. Ferris, who purchased a gas grill from Premier, was seriously injured while grilling steaks outside for a family outing. The injury resulted from a manufacturing defect in the gas line which caused an explosion as he was cooking over the grill. In a product liability suit based on strict liability, Ferris may bring a law suit against:

Accepted Answer

In a product liability suit based on strict liability, the injured party (Ferris) can bring a lawsuit against any or all parties in the distribution chain, including the manufacturer (Grill Lovers) and the retailer (Premier). This is because strict liability holds manufacturers and sellers responsible for any defects that make a product unreasonably dangerous, regardless of fault or negligence.

Question 19

Marla went to Office Works to purchase a thumb drive to use in gathering research material for an article that her college advisor asked her to write for the school newspaper. She asked for suggestions as to a good brand of thumb drive to purchase. The store manager who waited on her said that the USRDV brand was the "best buy out of all the brands the store carried." This statement was

Accepted Answer

The statement by the store manager is considered sales puffing because it is a subjective opinion that the USRDV brand is the "best buy," rather than a specific, factual claim about the product's performance or quality.

Question 20

The following statement was printed on a tag attached to an electric clock: "Warranted for one year from date of purchase against original factory imperfections in materials and workmanship." This warranty statement on the tag represents an

Accepted Answer

This statement is an express warranty as to quality because it explicitly states the conditions under which the product is guaranteed by the manufacturer, specifically mentioning the warranty against original factory imperfections in materials and workmanship.

Quiz 18: Product Liability Law