LEB 323 Exam 1 Questions with All Correct Answers
Nature of Warranty for Sale of Goods - Answer-- average or medium grade quality at least
- pass without objection in the market for goods
- adequately labeled and packaged
- conform to promises made on container or label
Fitness for a part...
LEB 323 Exam 1 Questions with All
Correct Answers
Nature of Warranty for Sale of Goods - Answer-- average or medium grade quality at
least
- pass without objection in the market for goods
- adequately labeled and packaged
- conform to promises made on container or label
Fitness for a particular purpose - Answer-A warranty, imposed on any seller/lessor who
knows that the buyer/lessee is relying on the seller's/lessor's skill and judgment to select
suitable goods, that the goods being sold or leased are fit for the particular purpose for
which the buyer/lessee wishes to use the goods.
Elements of fitness for a particular purpose - Answer-- knowledge of buyer's purpose
- awareness of buyer's reliance on seller's judgment
- actual reliance on seller's judgment
Defenses to Defamation - Answer-- qualified privilege
- first amendment protects Ds unless they speak with 'actual malice'
- opinion
- truth
Most employers won't give references because of _____ - Answer-defamation
Duty of care - Answer-D under a duty to use 'due care' to protect reasonably
foreseeable Ps
Duty of landowners extends to - Answer--trespassers
-business invitees
Duty of landowners to trespassers - Answer-to protect form unreasonable risk of harm
Duty of landowners to business invitees - Answer-foreseeable risks that owner knows or
should have known about
Breach of Duty of Care - Answer-D failed to exercise the same care that a reasonable
man in the same or similar circumstances would have been exercised
Negligence per se - Answer-- P is within class of persons intended to be protected by
the statute
- P suffers the type of injury the statute is meant to prevent
- breach of the statute cause the injury
, Two parts of causation - Answer-1) causation in fact: 'but for' causation
2) proximate causation: connection between the act and the injury is strong enough to
impose liability
warranty - Answer-an assurance or guarantee that goods will conform to a certain
standard
breach of warranty requires 3 elements - Answer-1) existence of a warranty
2) breach of warranty
3) harm proximately caused by the breach
express warranties - Answer-Warranties that are in writing or expressed verbally though
seller
seller can express warranty in 3 different ways - Answer-1) an affirmation of fact or a
promise relating to the goods
2) a description of the goods
3) providing a sample or model of the goods
disclaiming express warranties - Answer-must b obious, in bold print, easy to read
definition of full warranty - Answer--free repair or replacement or refund
- applies to all those who own the product
- no special pre-reqs
- no requiremetn to return reg card
- no disclaimer of implied warrantoes
basis of the bargain - Answer-when a buyer relies on the seller's statements in making a
purchase decision
implied warranty - Answer-an unwritten guarantee that the good or service is fit for the
purpose for which it was sold
Two types of implied warranties - Answer-1. Warranty of Merchantability
2. Warranty of Fitness for a Particular Purpose
Primary sources - Answer-contains legally binding rules and procedures; includes fed
and state constits, admmin agency regs, court decisions
Secondary sources - Answer-summarize and explain the law, sometimes criticize and
suggest changes in it
- not legally binding
- frequently referred to and used by courts
- includes: research articles in academic legal periodicals, restatemetns, legal texts,
encyclopedias
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