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Exam 24: Product Liability: Warranties and Torts

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Question 1

Multiple Choice

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Under what type of warranty is the seller obligated to fix or replace a defective product within a reasonable time at no cost to the buyer?

A) full
B) express
C) limited
D) implied

E) None of the above
F) A) and B)

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Question 2

True/False

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Federal law requires every product sold to have an express warranty.

A) True
B) False

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Question 3

Multiple Choice

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The federal regulation of express warranties:

Under the concept of ______,only the original parties to a sales contract could sue each other.

A disclaimer of warranties made in the manner specified by the Uniform Commercial Code is not unconscionable.

If a merchant sells a lawn mower that will not cut any type of grass,there is a breach of the warranty of merchantability.

An express warranty is a statement of fact about the product that becomes part of the basis of the bargain.

The right to sue for damages sustained from a defective product is reserved exclusively to the original purchaser of the product.

Manufacturers who prepare goods to the buyer's specifications are under exceptionally stringent warranty obligations for fitness for a particular use.

A full warranty requires the purchaser to pay for the shipping cost of returning the product for repair.

In most instances,the mere fact that a sale was made gives rise to a(n) :

A catalog illustration can become the basis of an express warranty.

With used or secondhand goods,what is fit for normal use is generally:

An inadequate warning label about a product's dangers can be considered a defective product.

A seller cannot be held liable for the breach of an express warranty if the seller honestly believed that the warranted statement was true.

Arthur was looking for a Father's Day gift for his dad,Tony.Tony was a cigar smoker but Arthur was a nonsmoker.Arthur went to a cigar store and was looking around when the proprietor suggested Arthur try a new imported cigar.The proprietor touted this new cigar as "just like the great Cuban cigars." Arthur was reluctant but did light one of the cigars,which had a pleasant aromatic smell and took about five to six minutes to be consumed.On this basis,Arthur bought a box of the cigars and presented them to his father as a gift.When the father smoked one of the cigars,it gave off an acrid smell and was completely consumed in less than two minutes.When Arthur saw this,he was very upset and asked his father to try another.The same situation was repeated with the acrid odor and the cigar burning down very quickly like a cigarette.?After Arthur tried unsuccessfully to return the cigars for a refund,Arthur filed a small claims court action against the store.The case was based on the failure of the purchased cigars to conform to the sample,breach of the implied warranty of merchantability,and the misleading statement "just like the Cuban cigars." Discuss the probable outcome of the case.

In order to create an express warranty the seller must use as the words "warrant" or "guarantee."

A disclaimer or exclusion of the warranty of merchantability will be invalid if:

The theories of product liability are mutually exclusive.

An implied warranty arises automatically from the fact a sale has been made.