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Exam 23: Warranties

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Question 21

Multiple Choice

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Bren buys a new motorcycle from Cycles Inc. The most important factor in determining whether an express warranty is created is whether

A) Bren expresses to Cycles what she wants warranted.
B) Bren's desire for the cycle becomes part of her motivation to deal.
C) Cycles' expression to Bren of what it expects from its customers.
D) Cycles' promise becomes part of the basis of the bargain.

E) None of the above
F) C) and D)

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Question 22

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Inconsistent warranties are construed to effectively render each other invalid.

A) True
B) False

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Question 23

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Express warranties cannot be found in marketing brochures or other promotional materials, which are, by definition, only puffery.

Langston steals from MindGames, Inc., ten game players, which Langston sells to Nu2U Games store. Unaware that the players are stolen, Nu2U reconditions them and sells them to Online Distributors, Inc. With the reconditioned drives, Nu2U gives Online Distributors a written statement that disclaims "any and all warranties." MindGames learns that Online Distributors has the players and demands their return. Online Distributors gives the equipment to MindGames and files a suit against Nu2U. Will Online Distributors succeed in its suit? Why or why not?

Jin buys a used car from Klee. Jin knows that Loan Company has a security interest in the car but is not aware that Klee has missed several payments on the loan. Loan repossesses the car. Jin can recover for breach of warranty from

Coal Corporation buys a Durable-brand bulldozer from Equipment Inc. Coal is unaware that Finance Company holds a lien against the bulldozer. Finance repossesses the goods. Coal can recover for breach of warranty from

In a sale of camping equipment from Outdoor Outfitters to Pedro, a consumer, if the parties have not agreed to limit or modify the remedies available, on a breach of warranty

If a creditor repossesses goods from a buyer who bought the goods knowing they were subject to a prior claim, the buyer can recover from the seller for breach of warranty.

In determining the reasonableness of a buyer's reliance on a seller's statement purported to be an express warranty, it can be considered that a reasonable person is more likely to rely on

An action for breach of warranty accrues when

Bike Shop sells a trail bike to Cian. When Cian rides the bike, the frame breaks apart. The cause is something that Bike Shop did not know about and could not have discovered. This is a breach of

Singh, a consumer, leases sheet music from Tunes Inc. for a public performance. United Music Corporation, which holds a copyright on the music, sues Singh to stop the performance without a royalty payment. Singh fails to notify Tunes of the suit within a reasonable time. The lessee

To create an express warranty, a reasonable buyer must regard a seller's representation of fact-found, for example, in an ad-as part of the basis of the bargain.

Fatima asks Gianni, a salesperson for Hues & Colors, for a gallon of paint of a certain color and suitable for interior walls. Gianni sells her a gallon of interior paint of a different color. Gianni has breached

A buyer who refuses to inspect goods when requested by the seller assumes the risk that the goods are defective.

Every seller is required to give a written warranty for consumer goods in a single document in "readily understandable language."

Goods that are reasonably fit for the ordinary purposes for which such goods are used are automatically sold free of any implied warranties.

A neighbor selling her snow blower at a garage sale does not make an implied warranty of merchantability because she is not in the business of selling goods of the kind.

A sales contract for a new car states that the vehicle is "warranted to be free from defects for 48,000 miles or forty-eight months, whichever occurs first." This statement creates

Glass Company and competitive merchants who deal in goods of the same kind assert that their products are reasonably fit for the ordinary purposes for which such goods are used. This is