BLA 361 Exam 2 Review The life of the law has not been logic it has been experience Oliver Wendell Holmes Created 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 Knowledge True A False B Implied warranties are created by seller s conduct rather than express statements Merchantability essentially is that goods must be fit for the ordinary purposes for which such goods are used A disclaimer is a clause in the sales contract in which seller attempts to eliminate liability seller might otherwise have under law ANSWER 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 law Test 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 warranty ANSWER 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 customer Test 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 C ANSWER 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 C Test 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 above ANSWER 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 Test 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 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 ANSWER 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 Test Your Knowledge Mr Painter painted the house at 1010 College thinking it was 101 College which he was supposed to paint for SpongeBob Speed Racer owner of 1010 College saw Painter painting his house and yelled out the window to Painter Thanks Racer didn t stop Painter since Racer s house needed painting and he didn t think he d be forced to pay since he didn t order the painting Contract Quasi K Painter s negligence Painter painted Racer s home thinking it was Sponge Bob s home Racer arrived home next day and found a bill from Painter to SpongeBob taped on his door Contract Quasi K Painter s negligence ANSWER Speed Racer saw Painter painting his house and yelled out the window to Painter Thanks Racer didn t stop Painter since Racer s house needed painting and he didn t think he d be forced to pay since he didn t order the painting Quasi contract because to not require Racer to pay Painter would give Racer an unfair benefit Note that Painter would have to sue Racer under this theory Painter painted Racer s home thinking it was Sponge Bob s home Racer arrived home next day found a bill from Painter to SpongeBob taped on his door Painter s negligence because Racer could not have known Test Your Knowledge George buys a 1966 Corvette split back from Al but Al agrees to sell to George only if he can buy the car back for the same price if George sells the car in the future George agrees Option K First refusal K George wants to buy Al s Corvette but needs to look at another Vette first George pays Al to take his Vette off the market for one week until George can look at the other car Al agrees for 100 Option K First refusal K Answer George buys a 1966 Corvette split back from Al but Al agrees
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