Reference no: EM132183230
1. A retailer had made the sale of a room heater through an oral sales contract. The room heater was later delivered to the consumer. A disclaimer of warranties was not made during the purchase but was later sent accompanying the product when it was delivered to the consumer. Which of the following statements in this case is true?
Even though the oral sales contract did not disclaim warranties, the disclaimer of warranties accompanying the goods is effective because it is in writing.
When the contract as made does not disclaim warranties, a disclaimer of warranties accompanying goods delivered later is not effective because it is a unilateral attempt to modify the contract.
This disclaimer of warranties is a binding part of the oral contract as the disclaimer was called to the attention of the buyer after the delivery was made.
This is a case of exclusion and surrender of warranties, where warranties can be excluded or modified by the agreement of parties. Since the disclaimer of warranties was made during delivery and not days after delivery, the exclusion is valid as long as it is in writing.
2. Stretcheez made flexible, yet durable, stretchable skins in a variety of fashionable colors and patterns for a variety of uses and applications. Talcott went to a store which sold Stretcheez and asked the salesperson for something that could both cover and protect one of the new version electronic tablets Talcott was planning to order for his wife’s birthday, and the salesperson recommended a particular model and size of Stretcheez. Unfortunately, the Stretcheez did not fit the particular tablet Talcott described. Which of the following statements is true with regard to this scenario?
Since the salesperson never intended to make a warranty of fitness for particular purpose, no such warranty was made.
The manufacturer had no knowledge of Talcott’s particular purpose, so no warranty applies.
Because the seller knew Talcott was looking for a particular item and Talcott relied on the seller’s judgment to select the item, there was a warranty of fitness for a particular purpose.
In order for a warranty of fitness for a particular purpose to arise, the warranty must be stated in writing.
3. A large housing development exhibition had small models of houses displayed for buyers to facilitate the negotiation process. The models were replicas of the actual properties on sale, intended to give the buyers some idea of the dimensions and proportions of the houses on sale. Which of the following statements is true with regard to this scenario?
The model is a replica of the article in question. The mere fact that a sample is exhibited during negotiation of the contract does not make the sale a sale by sample. There must be an intent shown that the sample is part of the basis of contracting.
This is an instance of warranty of conformity to sample. Since the sample is exhibited during negotiation of the contract, it makes the sale a sale by sample.
Any description of the goods, sample, or model made part of the basis of the sales contract creates an implied warranty that the goods shall conform in kind and quality to the description, sample, or model.
This is a case of implied warranty that is imposed by the law; the implied warranty arises from the fact that a sale has been made, even if it is through display of samples and models.
4. The Arctic Flyers minor league hockey team has one box office clerk. On average, each customer that comes to see a game can be sold a ticket at the rate of 8 per minute. For normal games, customers arrive, on the average, every 12 seconds. Assume arrivals follow the Poisson distribution and service times follow the exponential distribution. What is the average number of customers waiting in line?
A. 1.0417
B. 1.6667
C. 1.25
D. 1.3333