BLA 361 Exam 2 ReviewSlide Number 2Slide Number 3Slide Number 4Slide Number 5Test Your KnowledgeANSWERTest Your KnowledgeANSWERTest Your KnowledgeANSWERTest Your KnowledgeANSWERTest Your KnowledgeANSWERTest Your KnowledgeANSWERTest Your KnowledgeAnswerTest Your KnowledgeTest Your KnowledgeTest Your KnowledgeAnswerTest Your KnowledgeAnswerTest Your KnowledgeAnswerContractAnswerContractAnswerTest Your KnowledgeAnswerTest Your KnowledgeAnswerTest Your KnowledgeAnswerTest Your KnowledgeAnswerTest Your KnowledgeTest Your KnowledgeTest Your KnowledgeAnswerTest Your KnowledgeTest Your KnowledgeGood Luck!BLA 361 Exam 2 ReviewBLA 361 Exam 2 Review““The life of the law has The life of the law has not been logic; it has been not been logic; it has been experience.experience.””Oliver Wendell HolmesOliver Wendell HolmesCreated by Pamela S. Evers, Assoc. Prof., UNCW, for Educational Purposes © 2001 (w/updates) Sales puffery or warranty? Theme park had sign stating “keep arms & legs inside roller coaster car.” If the guy is injured, is it because of negligence of theme park, contributory negligence by customer, or assumption of the risk? Sales puffery Theme park had sign stating “keep arms & legs inside roller coaster car” Contributory negligence by customer and assumption of the risk The photo at the right is an example of….? The warning sign is used by a defendant in a tort lawsuit to….? Trademark infringement The warning sign is used by a defendant in a tort lawsuit to counter the causation element Plaintiff failed to heed the warning and caused their own injury (contributory negligence or assumption of the risk)Test Your KnowledgeTest Your KnowledgeTrue=A, False = BTrue=A, False = BImplied warrantiesImplied warrantiesare created by sellerare created by seller’’s conduct s conduct rather than express statementsrather than express statementsMerchantability, essentially, is that goods must Merchantability, essentially, is that goods must be fit for the ordinary purposes for which such be fit for the ordinary purposes for which such goods are used goods are used A disclaimer is a clause in the sales contract in A disclaimer is a clause in the sales contract in which seller attempts to eliminate liability seller which seller attempts to eliminate liability seller might otherwise have under lawmight otherwise have under lawANSWERANSWER TRUE Implied warranties are created by seller’s conduct (OR BY LAW) rather than express statements TRUE Merchantability, essentially, is that goods must be fit for the ordinary purposes for which such goods are used TRUE A disclaimer is a clause in the sales contract in which seller attempts to eliminate liability seller might otherwise have under lawTest Your KnowledgeTest Your Knowledge True=A, False = B Under foreign–natural test, defendant is liable if object or substance is “foreign” to product, but not liable if it is “natural” to the product Under the Restatement of Torts (Third), three kinds of product defects exist: manufacturing defects, inadequate warnings, design defects The Magnuson-Moss Warranty Act requires every written warranty to be a full warrantyANSWERANSWER TRUE Under foreign–natural test, defendant is liable if object or substance is “foreign” to product, but not liable if it is “natural” to the product TRUE Under the Restatement of Torts (Third), three kinds of product defects exist: manufacturing defects, inadequate warnings, design defects FALSE The Magnuson-Moss Warranty Act requires every written warranty to be a full warranty. But if a “full warranty” is offered (i.e., in writing on packaging or an insert), the manufacturer must replace product or repair within a reasonable time without cost to the customerTest Your KnowledgeTest Your Knowledge Multiple Choice Express warranty may be created by ________ that becomes part of the basis of the bargain for the agreement: (a) a statement of fact or promise about goods (b) a description of the goods indicating goods will conform to the description (c) a sample or model of goods to be sold indicating goods will conform to the sample (d) all of the above (e) both A and B, but not CANSWERANSWER Multiple Choice Express warranty may be created by ________ that becomes part of the basis of the bargain for the agreement: (a) a statement of fact or promise about goods (b) a description of the goods indicating goods will conform to the description (c) a sample or model of goods to be sold indicating goods will conform to the sample (d) all of the above (e) both A and B, but not CTest Your KnowledgeTest Your Knowledge Multiple Choice Drew was injured when his car rolled over after the tires delaminated and caused him to lose control. Drew could sue, claiming: (a) negligence (design or manufacture) (b) strict liability (c) breach of warranty (d) all of the aboveANSWERANSWER Multiple Choice Drew was injured when his car rolled over after the tires delaminated and caused him to lose control. Drew could sue, claiming: (a) negligence (design or manufacture) (b) strict liability (c) breach of warranty(d) all of the above Pink calls Marshall’s lawn mowing service to mow lawn weekly and Marshall agrees on the phone to mow lawn every Monday. Marshall mows Pink’s lawn the next Monday; she pays. Express contract? Implied contract? Pink calls Marshall’s lawn mowing service and leaves a message on his machine that Pink wants her lawn mowed every Monday and will pay $25 each mowing. Marshall mows Pink’s lawn the next Monday and she pays him. Express contract? Implied contract?Test Your KnowledgeTest Your Knowledge Pink calls Marshall’s lawn mowing service to mow lawn weekly and Marshall agrees on the phone to mow lawn every Monday. Marshall mows Pink’s lawn the next Monday; she pays. Express contract (words used) Pink calls Marshall’s lawn mowing service and leaves a message on his machine that Pink wants her lawn mowed every Monday and will pay $25 each mowing. Marshall mows Pink’s lawn the next Monday and she pays him. Express offer on Pink’s part, but implied and valid contract once he mows Pink’s lawn (accepts offer)ANSWERANSWER Mr. Painter painted the house at 1010 College thinking it was 101
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