A customer ordered a salad at Restaurant and was served the salad for a stated price. The salad contained a shard of glass hidden under the greens. The customer was injured when she bit into it. Which statement best d...
Citations: Cal. Com. Code sec. 2314
Bakery bought a new commercial deck oven from Restaurant Supply, a dealer that regularly sells bakery equipment. The written sales contract stated that Bakery's exclusive remedy for defects was repair or replacement o...
Citations: Cal. Com. Code sec. 2314, Cal. Com. Code sec. 2607, Cal. Com. Code sec. 2714, Cal. Com. Code sec. 2719
...s question tests the interaction between 'as is' language and express warranties. Cal. Com. Code sec. 2313, Cal. Com. Code sec. 2316
Citations: Cal. Com. Code sec. 2313, Cal. Com. Code sec. 2316
...claims? This question tests the effect of buyer inspection on implied warranties. Cal. Com. Code sec. 2316
Citations: Cal. Com. Code sec. 2316
Buyer purchased dental bonding material from Seller. The package label stated that the material was "compatible with all standard curing lights." The material was not compatible with several standard curing lights, in...
Citations: Cal. Com. Code sec. 2313, Weinstat v. Dentsply International, Inc.
...furnace. Dental Lab sues for breach of implied warranty. What implied warranties should the court consider, and how should it resolve Seller's defenses? Discuss. This essay tests implied warranty of fitness for a particu...
Citations: Cal. Com. Code sec. 2314, Cal. Com. Code sec. 2315
A museum told Flooring Seller that it needed flooring for a saltwater aquarium exhibit where splashed saltwater would remain on the floor for hours each day. Buyer asked Seller to recommend a product. Seller recommend...
Citations: Cal. Com. Code sec. 2315
Buyer bought a packaging machine under a contract stating that repair or replacement of defective parts was the exclusive remedy and that consequential damages were excluded. Seller tried six times to repair a recurri...
Citations: Cal. Com. Code sec. 2719
...the written contract under "Shipping": "Seller disclaims all implied warranties, and there are no warranties beyond the description on the face of this agreement." The sentence did not use the word "merchantability." Bu...
Citations: Cal. Com. Code sec. 2316
Contractor accepted 5,000 exterior tiles from Tile Seller and installed them on a building. Two months later, Contractor discovered that the glaze was flaking off in ordinary weather. Contractor did not tell Tile Sell...
Citations: Cal. Com. Code sec. 2607
...or sues Drone Dealer for breach of warranty of title and infringement warranties. Which warranty claims should succeed, and what defenses should Drone Dealer have? Discuss. This essay tests warranty of title and infringe...
Citations: Cal. Com. Code sec. 2312
Florist bought plant nutrient from a local retailer. Manufacturer's label on the container stated, "Safe for greenhouse orchids." The nutrient damaged Florist's orchids. Florist sues Manufacturer for breach of express...
Citations: Burr v. Sherwin Williams Co., Hauter v. Zogarts, Weinstat v. Dentsply International, Inc.
...the purchase order was signed, stated in bold type: "Seller makes no warranties, express or implied, beyond repair of defective parts." After installation, the machine sorted only 9,000 pounds per hour and repeatedly mi...
Citations: Cal. Com. Code sec. 2313, Cal. Com. Code sec. 2316, Cal. Com. Code sec. 2317
...Homeowner paid, Appliance Store printed an invoice stating: "Implied warranties, if any, expire in 30 days. Store makes no other warranties." The sale was not advertised or negotiated as an "as is" or "with all faults"...
Citations: Cal. Civ. Code sec. 1791.1, Cal. Civ. Code sec. 1792, Cal. Civ. Code sec. 1792.3
Seller gave Buyer a specification sheet stating that a refrigerated trailer would hold cargo at 34 degrees for 12 hours without shore power. Seller also told Buyer, "This is the best trailer in town." The trailer coul...
Citations: Cal. Com. Code sec. 2313, Hauter v. Zogarts
...analysis? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...analysis? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...analysis? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...accurate? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
The parties dispute the legal effect of a contested transaction. A buyer rejected nonconforming goods after a mixed goods-and-services transaction. A party relied on common practice, but the record includes facts sugg...
...y to rule? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...ly result? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...analysis? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
...ese facts? Correct. The answer should identify the governing rule for Warranties and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
USABarPrep Coach