Question: Question 1 Which statement or statements below can be used by a merchant (or other seller) to disclaim express and implied warranties? a. With All
Question 1
Which statement or statements below can be used by a merchant (or other seller) to disclaim express and implied warranties?
| a. | With All Faults |
| b. | As Is |
| c. | All the answer choices are correct. |
| d. | This contract excludes all warranties express or implied. |
2.
Question 2
A washing machine model showed the interior parts made with stainless steel. Mom purchased the machine based on this model with stainless steel. In fact, the parts were made with aluminum which tends to rust. Which Article 2 warranty did the store breach as a result of the model on display?
| a. | express warranty of the quality of parts used in the machine |
| b. | an express warranty of no-rust interior parts. |
| c. | an implied warranty for steel frame construction |
| d. | the implied warranty of fitness for a particular purpose |
Question 3
Homeowner purchased a lawn mover from Outdoors, Inc. He used it to mow down young trees, but trees were too tough and a blade broke off, hitting homeowner on the foot, cutting off his toe. When homeowner sues the manufacturer for breach of warranty, which defense should manufacturer assert to avoid liability?
| a. | Homeowner cannot sue the manufacturer because he did not purchase the mower directly from the manufacturer. |
| b. | Manufacturer can assert contributory negligence by product misuse. |
| c. | Breach of warranty of fitness for a particular purpose. |
| d. | The common knowledge doctrine which says everyone knows a lawn mover cuts only grass and weeds, not trees. |
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