LAW102_Session 16_HiepTH9

Which of the following statements is a warranty:

• This computer is the finest money can buy.
• The "Cheesier" pizza has a pound of cheese.
• You will love this car.
• I guarantee you'll catch your limit of bass with this lure.

All sellers make a warranty of:

• Title.
• Merchantability.
• Freedom from patent or trademark infringement.
• Fitness for the buyers intended use.

Full warranties:

• Permit a refund or replacement if the product contains a defect after reasonable attempts to remedy it.
• Are always oral.
• May limit the duration of implied warranties.
• May limit consequential damages for breach of warranty in any way.

The parties to a sales contract can orally agree to exclude:

• The warranty of fitness.
• The warranty of merchantability without mentioning the word "merchantability."
• Warranties if the provision is not unconscionable.
• Warranties without calling the disclaimer to the buyer's attention.

The warranty against encumbrances:

• Arises in the case of all sales.
• Applies to goods at the time the sale is made.
• Does not arise if the buyer has constructive notice of the encumbrance.
• Is made by all sellers.

The Consumer Product Safety Commission:

• May not order a halt to the manufacture of unsafe products.
• May not totally ban any products.
• Issues orders that are not reviewable by any court.
• Has broad power to promulgate safety standards for many products.

An expression of opinion by the seller on a matter of which the seller has no special knowledge and on which the buyer may be expected also to have an opinion and exercise judgment is not a warranty.

• True
• False

The warranty of fitness for a particular purpose arises when the buyer relies on the seller's skill or judgment to select suitable goods and the seller knows of the buyer's reliance.

• True
• False

The warranty of merchantability imposes upon manufacturers the duty to sell the safest product.

• True
• False

Warranties can be excluded or modified by the agreement of the parties as long as the exclusion or modification is not unconscionable.

• True
• False