Formation & Enforcement of Express Warranties

Question 1

Generally, under the common law, a breach-of-express-warranty action must commence strictly under contract-based principles.

Answer 1

False

Question 2

Generally, under the common law, a breach-of-express-warranty action must commence strictly under tort-based principles.

Answer 2

False

Question 3

Generally, a breach-of-express-warranty action is a common-law, tort-based action.

Answer 3

False

Question 4

Generally, under the common law, a breach-of-express-warranty action may “sound in tort.”

Answer 4

True

Question 5

Generally, under the common law, a breach-of-express-warranty action may “sound in contract.”

Answer 5

True

Question 6

Generally, a breach-of-express-warranty action is a common-law, contract-based action.

Answer 6

False

Question 7

Generally, under the common law, a breach-of-express-warranty claim— involving a negotiated contract —must be litigated strictly under contract-based principles.

Answer 7

False

Question 8

Generally, under the common law, a breach-of-express-warranty claim —involving an adhesion or standardized contract —must be litigated strictly under contract-based principles.

Answer 8

False

Question 9

Generally, under the common law, breach-of-express-warranty claims involving negotiated and standardized contracts may be litigated under tort-based principles.

Answer 9

True

Question 10

Generally, under the common law, a breach-of-express-warranty action may “sound in contract or “sound in tort.”

Answer 10

True

Question 11

Generally, under the common law, an express warranty in any contract—involving the sale of goods and services—becomes a part of the “basis of a bargain.”

Answer 11

True

Question 12

Generally, under the UCC § 2-313(a)(1), a seller’s promise —involving the sale of goods— creates an express warranty and becomes a part of the “basis of the bargain.”

Answer 12

True

Question 13

Generally, under the UCC § 2-313(a)(2), any description of goods creates an express warranty and becomes a part of the “basis of the bargain.”

Answer 13

True

Question 14

Generally, under the UCC § 2-313(a)(3), any sample of goods creates an express warranty and becomes a part of the “basis of the bargain.”

Answer 14

True

Question 15

Generally, under Texas UCC § 2-313, a buyer must prove reliance on the seller’s representation — before securing breach-of-express-warranty damages.

Answer 15

True

Question 16

Generally, under Texas UCC § 2-313, a buyer must prove reliance on the seller’s misrepresentation — before securing breach-of-express-warranty damages.

Answer 16

True

Question 17

Generally, under Texas UCC § 2-313, a buyer must prove reliance on the seller’s promise — before securing breach-of-express-warranty damages.

Answer 17

True

Question 18

Generally, under Texas UCC § 2-313, a seller’s promise —involving the sale of goods— creates an express warranty and becomes a part of the “basis of the bargain.”

Answer 18

True

Question 19

Generally, most state courts have declared: Under the UCC § 2-313(a)(1), a buyer must prove detrimental reliance on the seller’s promise — before securing breach-of-express-warranty damages.

Answer 19

False

Question 20

Generally, most federal courts have declared: Under the UCC § 2-313(a)(1), a buyer must prove reliance on the seller’s representations — before securing breach-of-express-warranty damages.

Answer 20

False

Question 21

Generally, a majority of state courts have declared: Under the UCC § 2-313(a)(1), a buyer’s proving reliance on a seller’s representations is not required before the buyer can secure breach-of-express-warranty damages.

Answer 21

False

Question 22

Generally, under Texas UCC § 2-313, a breach of express warranty action sounds in contract.

Answer 22

True