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True/False Indicate whether the statement is true or false.

Resolved Question:

True/False
Indicate whether the statement is true or false. Mark “1” for TRUE or “2” for FALSE.
____ 1. Under the UCC, a sales or lease contract will fail for indefiniteness if one or more terms are left open.
____ 2. Acceptance of goods is presumed when a buyer or lessee fails to reject the goods within a reasonable time.
____ 3. To constitute an express warranty, a representation must be in writing.
____ 4. Merchants are required to warrant that the goods they sell or lease are fit for the particular purpose for which a buyer or lessee will use the goods.
____ 5. The purpose of tort law is to punish criminal wrongdoers.
____ 6. Repeated annoyances coupled with threats are sufficient to recover for the infliction of emotional distress.
____ 7. The use of a person's likeness for commercial purposes without permission is not an invasion of privacy.
____ 8. A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.
____ 9. The basis for applying strict liability is an intentional wrongful act.
____ 10. To succeed in a product liability suit based on strict liability, a plaintiff must prove that a product was defective.
____ 11. Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.
____ 12. The types of product defects that have traditionally been recognized in product liability law include design defects.
____ 13. A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.
____ 14. Assumption of risk is a defense that may be raised in a product liability suit.
Multiple Choice
Identify the choice that best completes the statement or answers the question.
____ 15. Rikki and Sid enter into a sales contract for tennis equipment. With respect to the specific contractual provisions set out in the UCC, Rikki and Sid may
a.
agree to different terms only to a reasonable extent.
b.
agree to different terms unless they "get caught."
c.
agree to whatever terms they wish.
d.
not agree to different terms.
____ 16. Gleaming Gem Corporation agrees to sell Jewelry Outlets, Inc. (JOI), fifty new diamonds, but the contract does not specify a place of delivery. JOI is expected to pick up the goods. The place of delivery is
a.
Gleaming's place of business.
b.
JOI's place of business.
c.
the Annual Gems and Jewels Convention.
d.
the U.S. Postal Service office nearest to JOI's place of business.
____ 17. Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is
a.
an express warranty.
b.
an implied warranty.
c.
a warranty of title.
d.
puffery.
____ 18. Good Tire Company and Hiway Auto Service enter into a contract for a sale of tires. Good Tire is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises
a.
automatically in sales contracts.
b.
only if the buyer asks for it.
c.
only if the seller does not expressly disclaim it.
d.
only in conjunction with lease contracts, not sales contracts.
____ 19. Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is
a.
a corporate officer.
b.
a non-employee.
c.
a private individual.
d.
a public figure.
____ 20. Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely
a.
appropriation.
b.
conversion.
c.
no tort.
d.
slander of quality.
____ 21. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely
a.
an invasion of privacy.
b.
defamation.
c.
trespass to personal property.
d.
wrongful interference with a contractual relationship.
____ 22. Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store without permission. Hilliard is liable for
a.
appropriation.
b.
conversion.
c.
disparagement of property.
d.
wrongful interference with a business relationship.
____ 23. Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of
a.
a realistic person.
b.
a reasonable person.
c.
a recognizable person.
d.
a reliable person.
____ 24. Resources Recovery, Inc., uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
a.
neither Resources Recovery nor Sabrina.
b.
Resources Recovery and Sabrina.
c.
Resources Recovery only.
d.
Sabrina only.
____ 25. Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of
a.
cyber crime.
b.
negligence.
c.
product liability.
d.
res ipsa loquitur.
____ 26. Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and sues the company for product liability based on negligence. To win, Troy must show that
a.
Stable did not use due care with respect to the trimmer.
b.
Stable misrepresented a material fact regarding the trimmer.
c.
Troy was experienced in the use of trimmers.
d.
Troy was in privity of contract with Stable.
____ 27. Oven Products Company makes microwave ovens. Pico discovers that his Oven Products oven is defective and sues the maker for product liability based on strict liability. To win, Pico must show that
a.
Oven Products sold the oven to Pico.
b.
Pico knew and appreciated the risk caused by the defect.
c.
Pico suffered an injury caused by the defect.
d.
the "defect" was a commonly known danger.
Submitted: 2 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 2 years ago.
Welcome to JustAnswer,

When do you need this completed by?
Was it your intention to send 27 questions for a single accept?
Customer: replied 2 years ago.

I want to get answers as soon as possible, but you should give me the answers until early morning on monday.(4/92012). I only need 27 answers of 27 questions. what was mean of single accept?

Expert:  FiveStarLaw replied 2 years ago.
I shall work on your answer now
Customer: replied 2 years ago.
ok, thank you. and please do it quick.
Expert:  FiveStarLaw replied 2 years ago.
Welcome to JustAnswer,



Here is my answer for comparison with your own:

Indicate whether the statement is true or false. Mark “1” for TRUE or “2” for FALSE.
_F___ 1. Under the UCC, a sales or lease contract will fail for indefiniteness if one or more terms are left open.
_T___ 2. Acceptance of goods is presumed when a buyer or lessee fails to reject the goods within a reasonable time.
__F__ 3. To constitute an express warranty, a representation must be in writing.
__F__ 4. Merchants are required to warrant that the goods they sell or lease are fit for the particular purpose for which a buyer or lessee will use the goods. ---* This would be true if the merchant is aware of the purpose for which a buyer or lessee is purchasing the goods*
__F__ 5. The purpose of tort law is to punish criminal wrongdoers.
__F__ 6. Repeated annoyances coupled with threats are sufficient to recover for the infliction of emotional distress.
__F__ 7. The use of a person's likeness for commercial purposes without permission is not an invasion of privacy.
__T__ 8. A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.
__F__ 9. The basis for applying strict liability is an intentional wrongful act.
__F__ 10. To succeed in a product liability suit based on strict liability, a plaintiff must prove that a product was defective.
__T__ 11. Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.
__T__ 12. The types of product defects that have traditionally been recognized in product liability law include design defects.
__T__ 13. A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.
__T__ 14. Assumption of risk is a defense that may be raised in a product liability suit.
Multiple Choice
Identify the choice that best completes the statement or answers the question.
____ 15. Rikki and Sid enter into a sales contract for tennis equipment. With respect to the specific contractual provisions set out in the UCC, Rikki and Sid may
c.
agree to whatever terms they wish.


____ 16. Gleaming Gem Corporation agrees to sell Jewelry Outlets, Inc. (JOI), fifty new diamonds, but the contract does not specify a place of delivery. JOI is expected to pick up the goods. The place of delivery is
a.
Gleaming's place of business.

____ 17. Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is
a.
an express warranty.


____ 18. Good Tire Company and Hiway Auto Service enter into a contract for a sale of tires. Good Tire is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises
a.
automatically in sales contracts.


____ 19. Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is
.
d.
a public figure.


____ 20. Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely
a.
appropriation.?

____ 21. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely
a.
an invasion of privacy.


____ 22. Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store without permission. Hilliard is liable for
b.
conversion.


____ 23. Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of

b.
a reasonable person.


____ 24. Resources Recovery, Inc., uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
.
b.
Resources Recovery and Sabrina.


____ 25. Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of

c.
product liability.


____ 26. Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and sues the company for product liability based on negligence. To win, Troy must show that
a.
Stable did not use due care with respect to the trimmer.

____ 27. Oven Products Company makes microwave ovens. Pico discovers that his Oven Products oven is defective and sues the maker for product liability based on strict liability. To win, Pico must show that

c.
Pico suffered an injury caused by the defect.



If you have any further questions, I am happy to assist you. You can start your new question with "for WebLaw" and send it to the appropriate legal, tax or homework category so that the question is directed to me and I can give your question my immediate attention

Thank you very much,
WebLaw
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36140
Experience: 25 years of experience helping people like you.
FiveStarLaw and 7 other Business Law Specialists are ready to help you

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