Contract Law And Warranties

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| By Alyson Greenfield
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Alyson Greenfield
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1. A contract is 

Explanation

This answer is correct because a contract is indeed an agreement between two or more persons to exchange something of value. In a contract, both parties agree to fulfill certain obligations or provide certain goods or services in exchange for something else. This exchange can be monetary or non-monetary, and it forms a legally binding agreement between the parties involved.

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About This Quiz
Contract Law And Warranties - Quiz

Explore the essentials of contract law and warranties through this engaging quiz. Test your understanding of enforceability, implied and limited warranties, warranty of title, and merchantability. Ideal for students and professionals looking to enhance their legal knowledge.

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2. A warranty is a promise made by a

Explanation

A warranty is a promise made by the seller about the quality or performance of goods for sale. This means that the seller guarantees that the goods will meet certain standards and will perform as expected. The warranty provides assurance to the buyer that if there are any defects or issues with the goods, the seller will take responsibility and either repair or replace the product. It is a form of protection for the buyer, ensuring that they are getting a product that meets their expectations and is of satisfactory quality.

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3. Express written warranties may be full or limited

Explanation

Express written warranties can be either full or limited. A full warranty provides the consumer with the assurance that the product will be repaired or replaced free of charge if any defects or malfunctions occur within a specific period of time. On the other hand, a limited warranty may have certain conditions or restrictions, such as only covering specific parts or requiring the consumer to pay for certain repairs. Therefore, it is true that express written warranties can be either full or limited.

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4. Aidan sells some stolen iPads for Roger.  Aidan knows the items are stolen.  Aidan refuses to give the money to Roger. What can Roger do?

Explanation

Roger cannot enforce the contract because it is illegal. Since the iPads are stolen and Aidan is aware of this fact, the contract is considered illegal and therefore unenforceable. This means that Roger cannot legally compel Aidan to give him the money for the stolen iPads.

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5. A contract must be in writing to be enforceable.

Explanation

A contract does not necessarily have to be in writing to be enforceable. In many cases, verbal agreements can also be legally binding. However, having a written contract can provide better evidence of the terms and conditions agreed upon by both parties, making it easier to enforce the contract if any disputes arise. Therefore, while a written contract is not always required, it is generally recommended to have one to ensure clarity and avoid potential misunderstandings.

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6. If Kara was intoxicated when she signed a contract, the contract is enforceable and she is out of luck.

Explanation

If Kara was intoxicated when she signed a contract, the contract is not enforceable and she is not out of luck. Intoxication can impair a person's judgment and decision-making abilities, making it unfair to hold them legally responsible for a contract they entered into while intoxicated. In such cases, the contract is typically considered voidable, meaning that Kara would have the option to cancel or void the contract if she can prove that her intoxication affected her ability to understand the terms and consequences of the agreement.

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7. A minor cane make contracts but as a general rule they cannot be forced to carry out their promises and may cancel or refuse to honor their contracts.

Explanation

Minors, being individuals under the age of majority, generally lack the legal capacity to enter into contracts. While they can make contracts, their consent can be considered voidable, meaning they have the option to cancel or refuse to honor their contractual obligations. This is because the law seeks to protect minors from entering into agreements that they may not fully understand or that may be detrimental to their well-being. Therefore, the statement that minors can make contracts but cannot be forced to carry them out is true.

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8. What is a valid acceptance to a contract?

Explanation

A valid acceptance to a contract occurs when the person orally agrees to pay the offered price. This means that the person explicitly and unambiguously accepts the terms of the contract, including the price stated. It indicates their intention to be bound by the contract and fulfill their obligation to pay the agreed-upon amount. The other options mentioned, such as thinking about it overnight, asking for a lower price, or stating the ability to pay the offered price, do not constitute a valid acceptance as they do not clearly indicate an unconditional agreement to the terms of the contract.

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9. A written warranty that covers some defects but not others is...

Explanation

A written warranty that covers some defects but not others is limited. This means that while the warranty provides coverage for certain defects, it does not extend to all possible defects. This limitation allows the company or manufacturer to specify the scope of their warranty and exclude certain types of defects from being covered.

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10. A contract for __________________________ must be in writing to be enforceable.

Explanation

In order for a contract for the sale of land to be enforceable, it must be in writing. This is because the sale of land is a significant transaction that involves a large amount of money and property. Having a written contract ensures that both parties are clear about the terms and conditions of the sale and protects their rights and interests. It also provides a legal document that can be used as evidence in case of any disputes or disagreements in the future.

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11. Which of the following is an example of consideration?

Explanation

Consideration in contract law refers to something of value that is exchanged between parties to a contract. It can be money, goods, services, or even a promise to do or not do something. In this case, money is an example of consideration because it is something of value that is given in exchange for a product or service.

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12. If a seller sells a new product without a written warranty, there are...

Explanation

When a seller sells a new product without a written warranty, there are implied warranties. Implied warranties are unwritten guarantees that the product will be fit for its intended purpose and will be of reasonable quality. These warranties are automatically applied by law and cannot be disclaimed or excluded by the seller. Therefore, even without a written warranty, the seller is still responsible for ensuring that the product meets these implied warranties.

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13. What is a consideration?

Explanation

Consideration refers to something of value that is exchanged between parties in a contract. It can be in the form of money, goods, services, or even a promise to do or not do something. In order for a contract to be legally binding, there must be consideration from both parties. This means that each party must give up something of value or make a sacrifice in order to receive the benefits of the contract. Therefore, "something of value" is a fitting explanation for the term consideration.

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14. Implied warranties are created by...

Explanation

Implied warranties are created by law. This means that they are automatically established and do not require any specific agreement or contract. Implied warranties are based on the legal principle that certain guarantees are inherent in any transaction or sale of goods, even if they are not explicitly stated. These warranties protect consumers by ensuring that the products they purchase are of a certain quality and fit for their intended purpose. Therefore, the correct answer is law.

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15. Which of the following is a characteristic of an offer?

Explanation

An offer being made to a specific person is a characteristic of an offer. This means that the offer is directed towards a particular individual or group and is not open to anyone in general. This characteristic is important because it shows that the offeror has a specific intention to enter into a contract with a particular party, and it allows for clear communication and acceptance of the offer. It also helps in establishing the legal enforceability of the contract as it demonstrates a clear intention to create a legally binding agreement.

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16. Nate unknowingly buys a stolen IPad Mini from Timmy.  The warranty that has been broken is the..

Explanation

Nate unknowingly buys a stolen IPad Mini from Timmy. The warranty of title is the warranty that guarantees that the seller of the product has the legal right to sell it, and that the buyer will not face any legal claims or disputes regarding the ownership of the product. In this case, since the IPad Mini is stolen, the warranty of title is broken.

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17. Matthew buys a new set of headphones that comes with no written warranty.  When he tries them out at home, the sound is muffled.  The warranty that is broken is the...

Explanation

The warranty of merchantability is the warranty that is broken in this situation. This warranty implies that the product is fit for its intended purpose and is of a quality that a reasonable person would expect. Since the headphones have a muffled sound, they are not meeting the standard of merchantability.

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18. A _________________________________ is an attempt to limit the seller's responsibilities if something goes wrong with a product.

Explanation

A disclaimer is a statement or notice that is used to limit or exclude the seller's liability or responsibilities in case there are any issues or problems with a product. It is a way for the seller to protect themselves from potential legal claims or demands from customers who may experience negative consequences or damages from using the product. By including a disclaimer, the seller is essentially stating that they are not responsible for any harm or damages that may occur and that the buyer assumes all risks associated with the product.

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19. ________________________ is making obvious and lawful exaggerations about a product.

Explanation

Puffing refers to the practice of making exaggerated claims about a product that are not meant to be taken literally. It is a common marketing technique used to entice potential buyers and create a positive image for the product. By using puffery, companies can promote their product in a way that may seem impressive but is not legally binding. Puffing allows advertisers to highlight the best qualities of their product without being held accountable for any factual inaccuracies.

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20. Name three elements of a contract

Explanation

The three elements of a contract are offer, acceptance, and consideration. An offer is a proposal made by one party to another, expressing a willingness to enter into a contract. Acceptance is the agreement by the other party to the terms of the offer. Consideration refers to something of value exchanged between the parties, such as money, goods, or services. These three elements are essential for a contract to be legally binding and enforceable.

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A contract is 
A warranty is a promise made by a
Express written warranties may be full or limited
Aidan sells some stolen iPads for Roger.  Aidan knows the items...
A contract must be in writing to be enforceable.
If Kara was intoxicated when she signed a contract, the contract is...
A minor cane make contracts but as a general rule they cannot be...
What is a valid acceptance to a contract?
A written warranty that covers some defects but not others is...
A contract for __________________________ must be in writing to be...
Which of the following is an example of consideration?
If a seller sells a new product without a written warranty, there...
What is a consideration?
Implied warranties are created by...
Which of the following is a characteristic of an offer?
Nate unknowingly buys a stolen IPad Mini from Timmy.  The...
Matthew buys a new set of headphones that comes with no written...
A _________________________________ is an attempt to limit the...
________________________ is making obvious and lawful exaggerations...
Name three elements of a contract
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