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Kubasek Cengage 2

Kubasek cengage 2

QuestionAnswer
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