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Kubasek quiz 25
Kubasek Dynamic Business Law quiz 25
Question | Answer |
---|---|
__________ warranties are explicitly stated, whereas __________ warranties are automatically, as a matter of law, injected into the contract. | Express; implied |
An __________ carries with it a reasonable expectation of how a product will perform. | implied warranty of merchantability |
All but which of the following satisfies the meaning of the term "merchantable?" | The product is fit for the buyer's unique needs, such needs have been described to the seller, and the buyer has relied upon the seller's expertise to select a product that will fit the buyer's unique needs. |
The implied warranty of fitness for a particular purpose arises when a seller knows (or has reason to know): | Why the buyer is purchasing the goods in question The buyer is relying on the seller to make an appropriation selection of goods |
Which of the following categories of individuals may be third-party beneficiaries of warranties? | The buyer's household members and guests Any reasonable and foreseeable users of goods that are sold by the seller Anyone injured by the goods sold by the seller |
A buyer may waive legal protections from express and implied warranties by: | Failing to examine goods for which an express warranty was created by a sample or model Failing to comply with the seller's request to inspect the goods |
The UCC the seller has good and valid title, and transfer title free and clear of any liens, judgments, or infringements property rights of which the buyer does not have knowledge. The UCC permits buyers to recover from sellers who breach warranties of | Title |
If it is generally accepted in a trade that a certain product is always preassembled and shrink-wrapped, the failure of the seller to deliver the goods in that condition would be a breach of __________. | The implied warranty of trade usage |
Which of the following methods of waiving implied warranty liability is allowed by the UCC? | Seller disclaims in clear, unambiguous, conspicuous language |
The __________ is a warranty that arises as a result of generally accepted trade practices. | Implied warranty of trade usage |