Breach of Warranty Self-Quiz

 

 

 

 

 

 

 

Joe owns a logging company that provides trees to lumber yards. Joe is looking to buy a new truck that will be able to haul four thousand pounds of cargo at one time. Joe goes to a dealership that is selling Yugo 4x4 pick-up-trucks. The owner of the dealership tells Joe that each truck can haul up to five thousand pounds of cargo at a time. Joe buys one of the trucks but finds out later that the truck he has bought can only haul twelve hundred pounds at a time. If Joe sues the dealership, he will probably:
Choice 1 Win under an intentional tort theory
Choice 2 Win under a negligence theory
Choice 3 Win under a strict liability theory
Choice 4 Win under a breach of contract theory
Emmeril, a professional chef, goes into a restaurant supply store to buy an industrial strength blender. The salesman knows that Emmeril is buying the blender for his new restaurant and that Emmeril is relying on the salesman’s judgment to provide him with the blender most appropriate for a restaurant. The salesman gives Emmeril a blender but it is not industrial strength and is better suited for private use than for restaurant use. During the night of the restaurant’s grand opening, the blender burns out and many of the dishes on the menu cannot be made. In a suit against the salesman, Emmeril will be able to recover under a breach of warrantee theory
True
False
Bill loves camping and goes on several camping trips every year. In anticipation of his next trip, Bill buys a heating coil from a local sporting goods store so that he can make hot drinks. The coil was manufactured by Thermarod, Inc. who then sold the coil to the sporting goods store. The directions that come with the heating coil instruct the user to place the coil in the cold liquid and then turn it on. Bill’s son Theo sees the coil and decides to try it out one day. He puts the coil in a cold cup of soup and then turns the coil on. Unfortunately, due to a manufacturing defect, the coil explodes, injuring Theo. In a suit against the manufacturer, Theo will probably:
Choice 1 Win, because he was harmed
Choice 2 Win, because he followed the coil’s directions
Choice 3 Lose, because he was using the coil without his father’s permission
Choice 4 Lose, because Bill, not Theo, bought the coil.
Bill loves camping and goes on several camping trips every year. In anticipation of his next trip, Bill buys a heating coil from a local sporting goods store so that he can make hot drinks. The coil was manufactured by Thermarod, Inc. who then sold the coil to the sporting goods store. The directions that come with the hearing coil instruct the user to place the coil in the cold liquid and then turn it on. Bill takes it on his trip. During the trip, one of Bill’s friends, Al, sees the coil and decides to try it out. He puts the coil in a cold cup of soup and then turns the coil on. Unfortunately, due to a manufacturing defect, the coil explodes, injuring Al. In a suit against the manufacturer, Al will probably:
Choice 1 Win, because he was harmed
Choice 2 Win, because he followed the coil’s directions
Choice 3 Lose, because he was using the coil without his friend's permission
Choice 4 Lose, because Bill, not Al, bought the coil.

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