Questions:
1. True or False: The UCC has replaced the common law concept of title in part with the concept of risk of loss.
2. True or False: If goods or tender of delivery fail in any respect to confirm to a contract, the buyer or lessee loses the right to accept the goods.
3. True or False: If a lessee is insolvent, a lessor can stop a carrier or bailee from delivering the goods regardless of the quantity shipped.
4. City Cab Company and Dave's Autos enter into a contract for a sale of motor vehicles. City assures Dave's that it has valid title to the vehicles. Under the UCC, warranties of title arises:
a. Automatically in most sales contracts.
b. Only if the buyer asks for such a warranty.
c. Only if the seller expresses such a warranty.
d. Only in conjunction with lease contracts, not sales contracts.
5. Concrete Products, Inc., assures Deepwater Construction Company (DCC) that Concrete's cement will not crack within a certain range of pressure. DCC uses the product. When cracks develop within the stated range, DCC files a suit against Concrete. The court is most likely to rule in favor of:
a. Concrete, because its statement was an expression of opinion.
b. Concrete, because DCC chose Concrete's product voluntarily.
c. DCC, because Concrete's statement was an express warranty.
d. DCC, because Concrete's statement constituted puffery.
6. True or False: Express warranties can be found in a seller's brochure.
7. True or False: Every seller is required to provide a written warranty for consumer goods sold.
8. True or False: A product liability action based on negligence requires the injured plaintiff and the negligent defendant-manufacturer to be in privity of contract.
9. True or False: Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.