Sales quiz 2

Question 1

Second wind sports tread mill

Answer 1

most people buy treadmills to improve their aerobic fitness

Question 2

treadmill for $3000, cushioning. Implied warranty of merchantability

Answer 2

Frieda is a merchant with respect to good of that kind

Question 3

Tanya Tires sells car four new tires. Nail in the tire

Answer 3

both c and d are true

Question 4

Son borrows car and the breaks malfunction

Answer 4

Son wins bc that Alternative allows him to overcome his horizontal privity

Question 5

Conspicuous and properly drafted disclaimers

Answer 5

Son loses

Question 6

warranties extend only to the immediate buyer of the car

Answer 6

Both A and B

Question 7

written 5- year limited warranty and Magnuson-Moss applies

Answer 7

Alternative A jurisdiction son wins but only because Magnuson-Moss

Question 8

Son wants to use magnuson-moss to sue the car dealer in federal court

Answer 8

Son cannot sue in federal court , but can recover attorney fees

Question 9

Law school purchases a standard coffee maker

Answer 9

yes, damage was by the failure of a warrantor

Question 10

Lease machine for 10 years that has a 20 year life span

Answer 10

Leese will not prevail v bank, but will prevail v seller

Question 11

same as 10 but an implied warranty of merchantability

Answer 11

Both A and C

Question 12

same as 10 but machine only had a useful life for 10 years and no right to terminate

Answer 12

not prevail against either bank or seller

Question 13

Drill press machine

Answer 13

only the implied warranty of merchantability and the implied warranty of fitness for a particular purpose

Question 14

same as 13 but an “as is” clause

Answer 14

none of the warranties

Question 15

homeowner purchases a new home from Builder. Two year builder warranty

Answer 15

yes, “stack”

Question 16

Treadmill with a sign “Limited Two Year Warranty” implied for three years

Answer 16

all of them

Question 17

same as 16 but injured four years after the purchase

Answer 17

just the limitation on the duration of implied warranties

Question 18

same as 16 but “Full two year warranty”

Answer 18

“as is” is not effective

Question 19

Malibu CX

Answer 19

fitness warehouse must deliver a different and undamaged malibu cx

Question 20

Chicago butcher buys from Iowa seller

Answer 20

as long as butcher knew and even if seller

Question 21

same a chicago CISG rather than ucc

Answer 21

as long as nutcher knew and supplier had valid

Question 22

used computer for 4000, but brand new sells for 1000

Answer 22

Buyer loses bc there is no procedural unconscionability

Question 23

same computer scam

Answer 23

A, B, C

Question 24

New car with a three year limited warranty

Answer 24

court should allow jury

Question 25

neighbor buys neighbors used car

Answer 25

buyer purchased from someone who had a voidable title

Question 26

same neighbor car sale

Answer 26

son's transfer was not "rightful"

Question 27

thief breaks into owners house

Answer 27

buyer loses bc they only inheret theifs rigths

Question 28

no theif this time and owner brings in the clock

Answer 28

Niece wins bc she inherits the title that buyer had

Question 29

Owner sells painting for 20,000

Answer 29

2-403(1) not 2A

Question 30

same painting facts

Answer 30

owner gets paiting back after one year and has rights to rent

Question 31

music store rents, sells, and repairs,

Answer 31

Singer gets to enforce BUT