Formation and Enforcement of Implied Warranties

Question 1

Generally, under the common law, an implied warranty of merchantability is implied from the circumstances surrounding the formation of a sale-of-goods contract.

Answer 1

False

Question 2

Generally, under the common law, an implied warranty of merchantability is implied strictly from the contracting parties’ conduct.

Answer 2

False

Question 3

Generally, under the common law, an implied warranty of merchantability in a sale-of-goods contract is implied in law.

Answer 3

True

Question 4

Generally, under the common law, an implied warranty of merchantability is implied from facts.

Answer 4

False

Question 5

Generally, under the common law, an implied warranty of merchantability —in a sale-of-goods contract— is implied as a matter of law.

Answer 5

True

Question 6

Generally, under the common law, certain parties may agree to exclude a warranty of merchantability in sale-of-goods contracts.

Answer 6

True

Question 7

Generally, under the common law, certain parties may agree to modify a warranty of merchantability in sale-of-goods contracts.

Answer 7

True

Question 8

Generally, under the UCC § 2-314(1), an implied warranty of merchantability may be implied in a written, sale-of-goods contract.

Answer 8

True

Question 9

Generally, under the UCC § 2-314(1), an implied warranty of merchantability may be implied in an oral, sale-of-goods contract.

Answer 9

True

Question 10

Generally, under the UCC § 2-314(1), an implied warranty of merchantability may be implied in an express, sale-of-goods contract.

Answer 10

True

Question 11

Generally, under the UCC § 2-314(1), an implied warranty of merchantability is implied in law without qualification.

Answer 11

False, seller must be a merchant with respect to goods of that kind.

Question 12

Generally, under the UCC § 2-314(1), an implied warranty of merchantability may be implied in law only if a certain condition is present.

Answer 12

True, seller must be a merchant with respect to goods of that kind.

Question 13

Generally, under the UCC § 2-316(2), certain parties may agree to exclude a warranty of merchantability in sale-of-goods contracts.

Answer 13

True

Implied Warranty of Merchantability - must mention merchantability (and be conspicuous if in a writing)

Implied warranty of fitness - must be in writing and conspicuous

Question 14

Generally, under the UCC § 2-316(2), certain parties may agree to modify a warranty of merchantability in sale-of-goods contracts.

Answer 14

True

Question 15

Generally, under the UCC § 2-314(2), goods are merchantable if and only if the goods are “adequately contained and labeled.”

Answer 15

False, there are additional requirements for goods to be merchantable.

Question 16

Generally, under the UCC § 2-314(2), goods are merchantable if and only if the goods “conform to the promise made on the label.”

Answer 16

False, there are additional requirements for goods to be merchantable

Question 17

Generally, under the UCC § 2-314(2), goods are merchantable if and only if the goods are “adequately packaged as the agreement may require.”

Answer 17

False

Question 18

Generally, under the common law and UCC § 2-315, goods must be fit for a particular purpose.

Answer 18

True

Question 19

Generally, common-law contract principles as well as the UCC § 2-315 govern the creation and enforcement of an implied warranty of fitness for a particular purpose.

Answer 19

True

Question 20

A plaintiff must prove reliance in order to prevail under the UCC § 2-315— against a merchant’s alleged breach of an implied warranty of fitness for a particular purpose.

Answer 20

True