Kubasek Cengage 2 Word Scramble
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Question | Answer |
A warranty is: | an assurance of the existence of a fact by one party on which another party relies. |
If two warranties on a good are inconsistent, which rule applies? | Samples displace inconsistent general descriptions |
The words "as is" or "with all faults" would disclaim: | an implied warranty of merchantability. |
Which of the following are a way for an agency relationship to arise? | by operation of law by agreement by estoppel |
In agency law, the term "ratification" refers to: | a principal's approval or affirmation of a contract that was formed by someone who was not an agent or by an agent who was not authorized to form the contract. |
The legal doctrine of respondeat superior means that: | the principal is responsible for the agent's torts that are committed in the course and scope of employment. |
In the context of employment relationships, vicarious liability means that an employer may be held liable for an agent's tort: | regardless of whether the employer knew about the action or was personally at fault. |
Which of the following ARE methods for terminating an agency? | The purpose is achieved. Lapse of time. Operation of law. |
The Ucc imposes some different rules of conduct on? | Merchants and consummers |
A lease agreement is: | the lessor & lesse's bargin |
if a contract for a sale of goods does not include a price term, | it may still be enforceable |
ucc imposes a good faith limitation on | output contracts. |
Under UCC an agreement modifying a contract needs | no consideration to be binding. |
Suzy pays for a new laptop under UCC this is: | A sale |
product & installation, no seperate price in contract is | predominantly for a sale of goods. |
elle is a merchant by assessing whether she: | Holds herself out by occupation as having knowledge or skill unique to the transaction |
Paying for a products use for a month is: | a lease |
No mention of delivery requires delivery to take place at: | Sellor's place of busines |
A shipment contract the risk of loss passes to the buyer when: | seller places conforming goods in the possesion of the carrier. |
sellor required to deliver goods to buyer is: | destination contract |
Fob the cost of transporting: | will be paid by buyer. |
A seller can always exercise the right to cure? | within the contract time for performance. |
the UCC requirement of good faith imposes: | A higher duty on seller than consumer |
seller to tender delivery of goods it must: | give buyer notice to take delivery & hold conforming goods at its disposal. |
If the product fails to conform to the contract: | buyer may accept or reject the shipment in part or in whole. |
Advertisements can include: | express warranties |
a merchant can disclaim an | an implied warranty of merchantability. |
strict liability is | liability without fault |
product liability based on strict liability recover damages for: | the personal injury only |
an agency relationship is a | fiduciary relationship. |
an emloyee may act in the capacity | of an agent |
employer does not have right to control the agent's performance is an: | independent contractor. |
if a contract is in writing, | the agent's authority to perform the same duty must be in writing. |
a power of attorney is a | written document. |
in considering the scope of an agent's implied authority, | the test is whether the agent reasonably believed that he or she had the authority. |
if a principal does not ratify an unauthorized contract, | the principal is not bound |
Created by:
tinafici
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