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School
University of Texas, Rio Grande Valley *
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Course
3338
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by UltraThunderPolarBear37
Question 1
5 out of 5 points
The majority of states limit the application of strict product liability theory to situations involving personal
injuries.
Selected Answer:
False
Question 2
5 out of 5 points
Safe-T-Made Company makes electrical cords and other connectors for electronic devices. Rowena files
a product liability suit against Safe-Rite, alleging a warning defect. Under the Restatement (Third) of Torts:
Products Liability, in deciding whether to hold Safe-T-Made liable, the court may consider
Selected Answer:
the characteristics of expected users.
Question 3
0 out of 5 points
Every sale or lease by a merchant who deals in goods of the kind sold or leased automatically gives rise
to an implied warranty of merchantability.
Selected Answer:
False
Question 4
5 out of 5 points
GR8 Skates Company makes and sells a pair of skates to Homer. GR8 fails to exercise "due care" to
make the skates safe, and Homer is injured as a result. GR8 is most likely liable for
Selected Answer:
negligence.
Question 5
5 out of 5 points
To be merchantable, goods must be at least average, fair, or medium-grade quality.
Selected Answer:
True
Question 6
5 out of 5 points
Sari buys a new sport utility vehicle (SUV) from 'Tastic Cars & Trucks, Inc. The most important factor in
determining whether an express warranty is created is whether
Selected Answer:
'Tastic's promise becomes part of the basis of the bargain.
Question 7
5 out of 5 points
Fun Toyz Corporation makes skateboards, which it sells to consumers, including Gitana. Gitana is injured
due to a defect in the board that causes an accident in which Haley, a bystander, is also injured. In a
product liability suit based on strict product liability, Fun Toyz may be liable to
Selected Answer:
Gitana and Haley.
Question 8
5 out of 5 points
Pharma Company, Quitox Corporation, and Renal, Inc., are drug makers. Med Sales Company and
National OTC, Inc., are drug distributors. In a suit against all of these parties in which market-share
liability is imposed, most likely to be liable are
Selected Answer:
the distributors and the makers.
Question 9
5 out of 5 points
Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable,
a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of
merchantability. Under the UCC, this means that the goods are reasonably
Selected Answer:
fit for the ordinary purpose for which such goods are used.
Question 10
5 out of 5 points
Sellers or lessors are liable only for products that are reasonably dangerous.
Selected Answer:
False
Question 11
5 out of 5 points
A product liability action based on negligence requires the injured plaintiff and the negligent defendant-
manufacturer to be in privity of contract.
Selected Answer:
False
Question 12
5 out of 5 points
Every seller is required to provide a written warranty for consumer goods sold.
Selected Answer:
False
Question 13
5 out of 5 points
Olga, a salesperson for Pre-owned Cars & Trucks, Inc., tells Quincy, "This is the best car I've ever seen."
This statement is
Selected Answer:
puffery.
Question 14
5 out of 5 points
Air Navigation, Inc., makes aviation guidance systems. Ollie is injured in a crash caused by a defective Air
Navigation product. A statute restricts the time within which Ollie may file a product liability suit against Air
Navigation regardless of when he was injured. This is a statute of
Selected Answer:
repose.
Question 15
5 out of 5 points
Implied warranties can arise as a result of a course of dealing.
Selected Answer:
True
Question 16
5 out of 5 points
Imported Carpets Store and Jill enter into a contract for a sale of an Oriental rug. Imported Carpets, a
merchant who deals in goods of the kind sold, generally describes the goods, details technical
specifications, and shows a sample. Under the UCC, if these are inconsistent
Selected Answer:
the sample takes precedence over the general description.
Question 17
5 out of 5 points
The types of product defects that have traditionally been recognized in product liability law include
inadequate warnings.
Selected Answer:
True
Question 18
0 out of 5 points
Rent-all Trucks & Trailers, Inc. (RT&T), and United Delivery Service enter into a contract for a lease of
trucks. RT&T is a merchant who deals in goods of the kind leased. Under the UCC, an implied warranty of
merchantability arises
Selected Answer:
only if the lessor does not expressly disclaim it.
Question 19
5 out of 5 points
Woodgrain Products Company and Sylvia enter into a contract for a sale of lumber. Woodgrain knows the
purpose for which Sylvia will use the goods. Under the UCC, an implied warranty of fitness of a particular
purpose arises
Selected Answer:
if the buyer is relying on the seller to select suitable goods.
Question 20
0 out of 5 points
Goods that are merchantable are fit for any purpose.
Selected Answer:
True
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