Question 61 An exclusion of an implied warranty of merchantability must fulfill which of the following...

Question 61
An exclusion of an implied warranty of merchantability must fulfill which of the following requirements?
A. Be conspicuous
B. Use the word "merchantability"
C. Be written
D. A and B only

Question 62
Exclusion of an implied warranty of fitness for a particular purpose must fulfill which of the following conditions?
A. Be conspicuous
B. Use the word "merchantability"
C. Be written
D. A and C only

Question 63
What conditions apply for the creation of an implied warranty of fitness for a particular purpose?
A. Seller knows of the particular purpose
B. Seller knows buyer is relying on seller's recommendation
C. Seller must be an expert
D. A and B only

Question 64
Which of the following is not a defense to claims of strict/products liability?
A. Alteration
B. Misuse
C. Momentary lapse of attention
D. Obvious risk

Solutions

Expert Solution

Question 61:

Answer: D. A and B only

The exclude of an implied warranty of merchantability requires more than a standard provision that state where the implied warranty of merchantability may be excluded from a contract for the sale of goods. In the written agreement should contain- be conspicuous and us the word of “merchantability”

The manufacture defects are not covered by the seller in this context where it clearly mentions that goods are sold as it is.

Question 62:

Answer: A and C only

If the seller is aware of the purpose of the product that buyer buys a particular product from the seller than seller has knowledge about a particular product is fit to purchase. That includes both Be conspicuous and Be written in order to fulfil.

Question 63:

Answer: A and B only

The conditions that apply for the Implied warranty of fitness is seller knows of the particular purpose and seller knows buyer is relying on seller’s recommendation.

The implied warranty of fitness for a particular product is depend up on the two factors they are seller is aware of the buyer’s purpose and he knows that buyer is relying on purchase of a particular product.

Question 64:

Answer: A. Alteration

The products are subjected to change continuously as per the time, so the product was sold of that time and if any injury occurs than alteration is not a defence to claim of strict product liability.

keosha answered 1 year ago

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