Part 2 1 Sam’s Shoppe orders 100 cases of Brand Y DVDs from Harper’s Wholesalers

ID: 374858 • Letter: P

Question

Part 2

1 Sam’s Shoppe orders 100 cases of Brand Y DVDs from Harper’s Wholesalers for $10 per case. Harper’s delivers 50 cases and refuses to ship the rest. Sam can legally do all EXCEPT which of the following?

Accept the partial shipment, cover the remaining 50 cases, and sue Harper’s for the difference in cost.

Accept the partial shipment, refuse to pay for the 50 cases that were delivered, and cancel the rest of the order.

Reject the shipment because it is non-conforming.

Accept the partial shipment and allow Harper’s additional time to cure the defect.

2 Your electric lawn mower contains several warnings about product use including a warning not to mow up or down a steep hillside. There is no warning about weather conditions, however, and you decide to cut your lawn during a lightening storm. If you are injured while mowing during this storm:

the manufacturer would be liable only if it is reasonably foreseeable that the mower would be used in a storm and injury would likely result from that use.

the manufacturer would be liable for a failure to warn about the danger of mowing in a storm.

the manufacturer would be liable only if the mower was sold in a defective condition.

the manufacturer would be liable for a design defect that allowed the mower to be used in a storm.

3 You buy an electric-powered lawn mower from your local hardware store. It is not supposed to run unless you pull up on a handle and keep it depressed (as a safety feature) but you plug it in and it starts to run immediately without you holding the safety handle in place. If you are injured as a result of this defect, you can sue:

the manufacturer only

either the manufacturer or the local hardware store

the engineer who designed the on/off control only

the local hardware store only

4 You tell the salesperson at your local bicycle shop that you plan to bicycle about 4000 miles from Astoria, Oregon to Bar Harbor, Maine. The salesperson recommends a particular brand of tire, telling you, “It’s rugged and designed to last for 5,000 miles under heavy load.” You buy the tire but it falls apart 400 miles into your trip. The tire failure would be an example of a:

breach of the implied warranty of merchantability.

design defect because a bicycle tire should last more than 400 miles regardless of the conditions under which it is used.

breach of the warranty of good title.

breach of the implied warranty of fitness for a particular purpose.

5 The relationship between an employer and employee is most like the relationship between:

agent and third party

employer and independent contractor

principal and agent

principal and third party

6 Fiduciary duty implies:

the agent must always act in the principal’s best interest.

the principal must always act in the agent’s best interest.

a principal is liable for an independent contractor’s tort liability.

the principal is legally obligated when an agent acts outside the scope of his or her authority.

7 If John orally agrees to find a reliable used car for Mary and does not expect to be paid:

John is a gratuitous agent and owes Mary all fiduciary duties owed to a principal.

John owes no duty of diligence or due care in his work for Mary.

John is not an agent because he is not getting paid.

John is not an agent because the agreement was not in writing.

Accept the partial shipment, cover the remaining 50 cases, and sue Harper’s for the difference in cost.

Accept the partial shipment, refuse to pay for the 50 cases that were delivered, and cancel the rest of the order.

Reject the shipment because it is non-conforming.

Accept the partial shipment and allow Harper’s additional time to cure the defect.

Explanation / Answer

Sam’s Shoppe orders 100 cases of Brand Y DVDs from Harper’s Wholesalers for $10 per case. Harper’s delivers 50 cases and refuses to ship the rest. Sam can legally do all EXCEPT which of the following?

Reject the shipment because it is non-conforming.

c -the manufacturer would be liable only if the mower was sold in a defective condition.

You buy an electric-powered lawn mower from your local hardware store. It is not supposed to run unless you pull up on a handle and keep it depressed (as a safety feature) but you plug it in and it starts to run immediately without you holding the safety handle in place. If you are injured as a result of this defect, you can sue:

b- either the manufacturer or the local hardware store

breach of the implied warranty of fitness for a particular purpose.

5 The relationship between an employer and employee is most like the relationship between:

c- principal and agent

6 Fiduciary duty implies:

the agent must always act in the principal’s best interest.

John owes no duty of diligence or ue care in his work for Mary.