Chapter 23

1. What is the difference between express warranties and puffing?

2. If warranties are inconsistent, what are the priorities?

3. How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?

4. What effect does a buyers examination of the goods before contracting have on implied warranties?

5. When does a cause of action accrue for breach of warranty?

6. In what ways does the Magnuson-Moss Warranty Act modify UCC rules on implied warranties?

7. To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?

8. Under the Restatement (Second) of Torts, Section 402A, what are the requirements for a cause of action in strict liability in a product liability suit?

9. Can an injured bystander recover from a manufacturer or seller on a strict liability theory?

10. Other than immediate sellers and manufacturers, who may be subject to strict liability?

Chapter 25

1. What is a certificate of deposit?

2. What is a bearer? .

3. What are some of the practical limitations concerning the writing evidencing a negotiable instrument and the substance on which it is placed?

4. What sort of signature is required by the UCC to create a negotiable instrument?

5. Must a negotiable instrument contain a promise or order to pay?

6. When may reference to other agreements be made in a negotiable instrument without destroying its negotiability?

7. What is an acceleration clause?

8. What is a bearer instrument? .

Chapter 26

1. Why is a transfer by negotiation preferable to a transfer by assignment?

2. What is the difference between a blank and a special indorsement?

3. What is the difference between qualified and unqualified indorsements?

4. What is the difference between a holder and a holder in due course?

5. How can a holder take an instrument for value?

6. In what situations can a holder take an instrument for value but still not be accorded HDC status?

7. What is good faith?

8. What kinds of defects in an instrument will prevent a holder knowing about those defects from acquiring HDC status?

9. What are some of the circumstances that, as a matter of law, constitute notice of a particular fact in commercial law?

10. What sorts of omissions on the face of a financial instrument will prevent a purchaser from becoming a holder in due course?