Question
6) In order to be liable under the implied warranty of merchantability, a seller must be a merchant. True False 7) In order to recover
6) In order to be liable under the implied warranty of merchantability, a seller must be a merchant.
True
False
7) In order to recover for breach of an express warranty, a plaintiff must show that:
A.the seller gave a sample or model of the goods.
B.the warranty uses the words "warrant" or "guarantee".
C.the warranty was part of the basis of the bargain.
D.the warranty was in writing.
8) Mental distress and pain and suffering are examples of noneconomic damages.
True
False
9) The most important requirement of goods regarding their merchantability is that they must:
A.be fit for the ordinary purposes for which they are used.
B.
conform to any promises or statements of fact made on the label.
C.be adequately contained, packaged, and labeled.
D.be passed without objection in the trade.
10) A remedy limitation is more likely to be declared unconscionable in consumer cases involving personal injury.
True
False
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