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Ellen
Ellen, Attorney
Category: Business Law
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Experience:  25 years of experience helping people like you.
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Genuine Seed Company and Hillside Farmers Cooperative enter

Resolved Question:

Genuine Seed Company and Hillside Farmers Cooperative enter into a contract for a sale of hybrid seeds. Under the perfect tender rule, Genuine Seed must ship or tender seeds to Hillside that
Choose one answer.
a. approximately conform to all of the details of the contract.
b. entirely conform to the contract except in one or two details.
c. exactly conform to the contract in every detail.
d. substantially conform to the contract in most details.

Hi-Tech Company contracts to sell fiber optic cable to Internet Services, Inc. Hi-Tech may bring an action to recover the purchase price and incidental damages if Internet
Choose one answer.
a. accepts the cable and pays for it.
b. accepts the cable but does not pay for it.
c. rejects the cable.
d. revokes acceptance of the cable.

Loomis Weaving Company contracts to sell sweaters to Style Mart stores. Before the sweaters are delivered, Style Mart indicates that it will not be able to pay. Loomis can resell the goods
Choose one answer.
a. either after finishing the job (and identifying the goods), or after stopping the job.
b. only after finishing the job and identifying the goods.
c. only if Loomis immediately stops the job.
d. under no circumstances.

Fact Pattern 21-1
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company (DCC) that Concretes cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
Refer to Fact Pattern 21-1. Suppose that the court rules against Concrete. The manufacturer might have avoided that result by
Choose one answer.
a. making its cement fit for its particular purpose.
b. making its cement merchantable for its intended use.
c. not allowing Bret to express an opinion.
d. not permitting Bret to make an express warranty.

Ceramic Tile Company designs and makes floor tiles. In a product liability suit based on negligence, Ceramic could be liable for violating its duty of care with respect to
Choose one answer.
a. neither the design nor the making of the tiles.
b. the design and the making of the tiles.
c. the design of the tiles only.
d. the making of the tiles only.

Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
Choose one answer.
a. fit for the buyers particular purpose.
b. fit for the ordinary purpose for which such goods are used.
c. suitable for resale at an acceptable price.
d. the best quality that money can buy.

Forest & Field Company makes and leases a backhoe to Zac. Due to a defect attributable to Forest & Fields negligence, Zac is injured in an accident in which his neighbor Aron is also hurt. In a product liability suit based on negligence, Forest & Field may be liable to
Choose one answer.
a. Aron only.
b. no one.
c. Zac and Aron.
d. Zac only.

Garden Tool Company makes hedge trimmers. Troy is injured while using a Garden Tool trimmer and sues the company for product liability based on negligence. To win, Troy must show that
Choose one answer.
a. Garden Tool did not use due care with respect to the trimmer.
b. Garden Tool misrepresented a material fact regarding the trimmer.
c. Troy was experienced in the use of trimmers.
d. Troy was in privity of contract with Garden Tool.

GR8 Skates Company makes and sells a pair of skates to Hugh. GR8 fails to exercise "due care" to make the skates safe, and Hugh is injured as a result. GR8 is most likely liable for
Choose one answer.
a. assumption of risk.
b. knowledgeable use.
c. negligence.
d. product misuse.

Liquidators Car Company and Daves Autos enter into a contract for a sale of motor vehicles. Liquidators assures Daves that it has valid title to the vehicles. Under the UCC, a warranty of title arises
Choose one answer.
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.

Mountain Bikes, Inc. (MBI), and Nero enter into a contract for a sale of a mountain bike. MBI, a merchant who deals in goods of the kind sold, makes implied and express warranties in connection with the sale. The Magnuson-Moss Warranty Act attempts to prevent deception in warranties by
Choose one answer.
a. displacing the UCC as the primary source of warranty rules.
b. making warranties easier to understand.
c. prohibiting disclaimers of warranties.
d. requiring sellers to give written warranties for consumer goods.

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Submitted: 4 years ago.
Category: Business Law
Expert:  Ellen replied 4 years ago.
Welcome to JustAnswer,

Thank you so much for your questions.

Here is my answer for comparison with your own:

Genuine Seed Company and Hillside Farmers Cooperative enter into a contract for a sale of hybrid seeds. Under the perfect tender rule, Genuine Seed must ship or tender seeds to Hillside that
Choose one answer.

c. exactly conform to the contract in every detail.


Hi-Tech Company contracts to sell fiber optic cable to Internet Services, Inc. Hi-Tech may bring an action to recover the purchase price and incidental damages if Internet
Choose one answer.

c. rejects the cable.


Loomis Weaving Company contracts to sell sweaters to Style Mart stores. Before the sweaters are delivered, Style Mart indicates that it will not be able to pay. Loomis can resell the goods
Choose one answer.
a. either after finishing the job (and identifying the goods), or after stopping the job.


Fact Pattern 21-1
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company (DCC) that Concretes cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
Refer to Fact Pattern 21-1. Suppose that the court rules against Concrete. The manufacturer might have avoided that result by
Choose one answer.
a. making its cement fit for its particular purpose.
d. not permitting Bret to make an express warranty.
both a and D are correct


Ceramic Tile Company designs and makes floor tiles. In a product liability suit based on negligence, Ceramic could be liable for violating its duty of care with respect to
Choose one answer.

b. the design and the making of the tiles.


Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
Choose one answer.

b. fit for the ordinary purpose for which such goods are used.


Forest & Field Company makes and leases a backhoe to Zac. Due to a defect attributable to Forest & Fields negligence, Zac is injured in an accident in which his neighbor Aron is also hurt. In a product liability suit based on negligence, Forest & Field may be liable to
Choose one answer.

c. Zac and Aron.



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



GR8 Skates Company makes and sells a pair of skates to Hugh. GR8 fails to exercise "due care" to make the skates safe, and Hugh is injured as a result. GR8 is most likely liable for
Choose one answer.

c. negligence.


Liquidators Car Company and Daves Autos enter into a contract for a sale of motor vehicles. Liquidators assures Daves that it has valid title to the vehicles. Under the UCC, a warranty of title arises
Choose one answer.
a. automatically in most sales contracts.



Mountain Bikes, Inc. (MBI), and Nero enter into a contract for a sale of a mountain bike. MBI, a merchant who deals in goods of the kind sold, makes implied and express warranties in connection with the sale. The Magnuson-Moss Warranty Act attempts to prevent deception in warranties by
Choose one answer.

b. making warranties easier to understand.


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

I would appreciate it if you would consider a bonus since this was far more than one question

Thank you very much,
WebLaw
Ellen and 2 other Business Law Specialists are ready to help you