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Chapter Quiz
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1
The implied warranty of merchantability applies to all sellers of goods.
A)True
B)False
2
Under the Uniform Commercial Code ("UCC"), all implied warranty disclaimers are enforceable.
A)True
B)False
3
Under the Restatement Third, inadequate instructions or warnings are subject to strict liability.
A)True
B)False
4
A product liability disclaimer attempts to limit remedies available to a consumer.
A)True
B)False
5
Assumption of risk is an available defense in product liability cases.
A)True
B)False
6
The Magnuson-Moss Act applies to consumer products costing more than $10 per item.
A)True
B)False
7
Advertisements always create express warranties.
A)True
B)False
8
A product liability disclaimer is a clause in the sales contract whereby the seller attempts to eliminate liability it might otherwise have.
A)True
B)False
9
A buyer of stolen goods may recover damages from the seller under the:
A)implied warranty of title.
B)implied warranty of merchantability.
C)Magnuson-Moss Act.
D)None of the above
10
All of the following are factors that courts consider when using the risk-benefit analysis except:
A)social utility of the product design.
B)effectiveness of alternate designs.
C)existence of an appropriate warning.
D)cost of employing safer designs.





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