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Question
Irma bought a pint-sized thermos bottle from "Kash N' Karry." After a couple of months of use, she poured coffee into it one morning and was adding some milk when it exploded, sending shards of glass into her face and injuring her eye. Irma testified that she had not dropped the thermos and had not abused it. She sued "Kash N' Karry," claiming, among other things, breach of warranty of merchantability. Under the UCC, was the warranty of merchantability breached?
Answer
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Related questions
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B. allows only the U.S. attorney general to sue for injunctive relief or the seizure of products to enforce various provisions of the act.
C. permits any private party to sue for an injunction to enforce any CPSC rule or order, if, at the time of the suit, the commission or the attorney general has begun an action based on the alleged violation.
D. allows those injured because of a knowing and willful violation of a CPSC rule or order to sue for damages if the amount in controversy exceeds $100,000.
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B. states that all defenses available to the purchaser against the seller can also be available against the holder in due course.
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D. creates a warranty claim or defense where the product is sold "as is."
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