True/False
Indicate whether the sentence or statement is true
or false.
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1.
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Warranties of title arise in most sales contracts only when the seller expressly
declares that he or she possesses title to the goods.
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2.
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A
warranty is an assurance by the buyer to the seller that he or she will pay valid consideration for a
product.
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3.
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Promises of fact made during the bargaining process are not express
warranties.
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4.
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A
warranty against infringement is a promise by the seller that the product was constructed in a
workmanlike manner.
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5.
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Advertisements can include express warranties.
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6.
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A
seller must use words such as "warrant" or "guarantee" to make an express
warranty.
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7.
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An
implied warranty of merchantability arises in every sale or lease by a merchant who deals in goods of
the kind sold or leased.
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8.
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A
seller must provide a written warranty for consumer goods.
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9.
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A
contract cannot contain both a warranty of merchantability and a warranty of fitness for a particular
purpose.
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10.
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A
merchant can disclaim an implied warranty of merchantability.
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11.
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A
product liability action may be based on warranty theory.
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12.
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To
succeed in a product liability suit based on negligence, a plaintiff must prove that there was a
failure to exercise due care.
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13.
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Privity of contract between the plaintiff and the defendant is required to bring a
product liability suit based on negligence.
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14.
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Strict liability is liability without fault.
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15.
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One
requirement for a product liability suit based on strict liability is a failure to exercise
reasonable care.
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16.
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To
succeed in a product liability suit based on strict liability, a plaintiff must prove that a product
was in a defective condition when the defendant sold it.
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17.
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To
succeed in a product liability suit alleging a design defect, a plaintiff must show that there was a
reasonable alternative design available when the product was designed.
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18.
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To
succeed in a product liability suit based on strict liability, a plaintiff must be more than a mere
injured bystander.
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19.
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In
many states, the plaintiff's negligence is a defense that may be raised in a product liability suit
based on strict liability.
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20.
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Manufacturers are liable in strict product liability for injuries caused by commonly
known dangers.
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