Affirmative Defenses Against UCC Breach of Warranty Actions

Question 1

Generally, under the UCC § 2-316(4), a buyer may receive unlimited statutory remedies after a seller breaches an express warranty.

Answer 1

False

Question 2

Generally, under the UCC § 2-316(2), most express warranties may be excluded by an “AS IS” clause in a sale-of-goods contract.

Answer 2

False, only implied warranties may be excluded by an as-is clause.

Question 3

Generally, under the UCC § 2-316(1), the parol evidence may negate all implied warranties.

Answer 3

False, it can’t negate but may explain or supplement.

Question 4

Generally, under the UCC § 2-316(1), extrinsic evidence may negate all implied warranties.

Answer 4

False, can’t negate but may be explained or supplemented

Question 5

Generally, under the UCC § 2-316(3)(a), all implied warranties may be excluded by an “AS IS” clause in a sale-of-goods contract.

Answer 5

True

Question 6

Generally, under the UCC § 2-316(3)(a), all implied warranties may be excluded by an “AS IS” clause that is attached to goods.

Answer 6

True

Question 7

Generally, under the UCC § 2-316(3)(a), all implied warranties may be excluded by an “AS IS” clause that appears on a label.

Answer 7

True

Question 8

Generally, under the UCC § 2-316(3)(b), a buyer’s refusal to inspect goods for defects before the formation of a sales contract extinguishes all express warranties.

Answer 8

False, it refusal to inspect before contract extinguishes all IMPLIED warranties.

Question 9

Generally, under the UCC § 2-316(3)(b), a buyer’s refusal to inspect goods for defects before the formation of a sales contract extinguishes all implied warranties.

Answer 9

True

Question 10

Generally, under the UCC § 2-316(3)(b), a buyer’s carefully inspecting goods before the formation of a sales contract extinguishes all express warranties.

Answer 10

False

Question 11

Generally, under the UCC § 2-316(3)(b), a modification is valid if a buyer ignores a seller’s demand and refuses to examine goods before the parties execute a sales agreement.

Answer 11

True

Question 12

Generally, under the UCC § 2-316(3)(b), a disclaimer is valid if a purchaser ignores a seller’s request and fails to examine goods before the parties execute a sales contract.

Answer 12

True

Question 13

Generally, under the UCC § 2-316(3)(b), a modification is valid if a purchasing merchant examines a seller’s goods before consummating a sales contract.

Answer 13

True

Question 14

Generally, under the UCC § 2-316(3)(b), an “AS IS” defense is valid if a purchasing merchant examines a seller’s goods before consummating a sales contract.

Answer 14

False

Question 15

Generally, under the UCC § 2-316(3)(b), a modification is valid if a buyer studies a sample of a product before accepting a seller’s contractual terms and conditions.

Answer 15

True

Question 16

Generally, under the UCC § 2-316(3)(b), a disclaimer is valid if a buyer studies a model of a product before accepting a seller’s contractual terms and conditions.

Answer 16

True