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Question
Tom Tune purchased a new radio that was warranted to be free from manufacturing defects or defects in workmanship for a period of six years. Five years after Tom purchased the radio, he was burned when the radio spontaneously caught fire as a result of a manufacturing defect. Under these circumstances, which of the following statements is most correct?
A. Tom is entitled to recover the difference between the price of the defective radio and its value as warranted, but Tom cannot recover damages for personal injuries unless the contract expressly provided for such recovery.
B. Tom is entitled to recover damages for personal injury as consequential damages but he cannot recover damages for the loss in value of the radio.
C. Tom can recover damages for loss in value of the radio and can recover damages for personal injury as consequential damages for breach of warranty.
D. Tom cannot recover damages from the manufacturer under these facts because his action is barred by the U.C.C. statute of limitations.
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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The Consumer Product Safety Commission's authority is applicable to ___.
A. firearms
B. drugs
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D. lawn mowers
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The Holder in Due Course rule:
A. alters statutes of limitations or other state-created limitations on the consumer's enforcement of claims and defenses.
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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A. coinsurance clause
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A. the rate of the premiums to be paid decreases if the face value increases.
B. the loan value decreases as the age of the policy increases.
C. the rate of the premiums to be paid depends on the face value of the policy.
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A. the trust will automatically fail.
B. the court will direct the application of the property to some charitable purpose that falls within the settlor's general charitable intention.
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A. is a draft drawn by a bank on any other financial institutions other than a bank.
B. is a check drawn by a bank on an individual's funds.
C. is a draft on which the drawer or drawee are the same bank.
D. is a draft drawn by a bank on another bank or payable at or through a bank.