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41. Explain what a trial sale is. Identify tlie two types of trial sales recognized by the UCC and explain the test for distinguishing between

41. Explain what a trial sale is. Identify tlie two types of trial sales recognized by the UCC and explain the test for distinguishing between the two types. Discuss transfer of title and risk or loss with each type of trial sale. 42. Everett buys a dining room table and chairs from Neely Furniture, but fails to pick up his purchase as specified in the contract of sale. Neely sells Everett's furniture to Kimberly, a good faith purchaser. What situation existed, and what rights does Everett have? 43. Hubert bought heavy-duty, sharp hedge clippers to trim the hedges in his yard. In the process of using the clippers, he severely cut his hand. He is now suing the manufacturer because the clippers are unreasonably dangerous. Can he recover? Explain. 44. a. Under the Code, what constitutes an "express" warranty? How does an express warranty arise? b. Which of the following would be an express warranty? Explain. (1) "This is the best computer available in town." (2) "This car has new brakes.*' (3) "This sample is just like the one in the box." (4) "In my opinion, this is a better video recorder than the one made by RCA." (5) "As a mechanic, I think this car is in good running order and should give you no problems for at least three months." 45. Under the Code, what rights do the parties have to affect the possible remedies available in tlie case of breach?

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