Under which of the following theories is a plaintiff most likely to recover basis-of-the-bargain damages? A. Implied warranty of merchantability B. Express warranty C. Implied warranty of fitness D. Negligence The UCC would apply to all but one of the following transactions. In which case does the UCC not apply? A. Sale of 1,000 books by a publisher to a bookstore B. Hiring an accountant to provide tax services C. Sale of an automobile D. Sale of a book from one student to another student In mixed goods-services situation, courts determine whether the contract is for the sale of goods by determing whether the good or the service is the predominant part of the transaction. True False A remedy limitation is likely to be unconscionable in consumer cases involving personal injury. True False Mary agees to sell a used car to Bill for $2000. After Bill pays for the car, Mary tells him to come over to her house and [ick up the car on Monday. Bill gets busy and doesn't come to pick up the car until Wednesday. In the meantime, the car is stolen. Who bears the loss? Assume that we do not have a shipment contract and Mary has never sold a car before and is not in the business of selling cars. A. Bill bears the risk of loss because delivery was tendered. B. The thief is responsible. C. Mary should of insisted that he take the car so she is responsible D. Mary shoudl turn the loss over to Bill's insurance company. Which of the following is most likely to be a sale of goods? A. A surgeon's work implanting a pacemaker into someone's heart. B. A beauty shop stylist giving someone a permanent in the shop. C. The sale of a house. D. A gas station selling new tires and installing them on the car. Under which of the following product liability theories must the seller be a UCC merchant or a party like the UCC merchant? A. Section 402A B. Express Warranty C. Implied warranty of test worthiness D. Negligence