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University of Texas, Rio Grande Valley *

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3338

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Law

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Jan 9, 2024

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docx

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3

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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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