The designation of whether or not a warranty is full or limited must be: In Cali
ID: 379910 • Letter: T
Question
The designation of whether or not a warranty is full or limited must be:
In California, the two types of implied assumption of risk are primary and:
A party is discharged from performance of his or her duties under the contract if he or she is a victim of a:
When a party makes a material misrepresentation, believing it to be true, it is a(n):
Duress makes a contract:
Inserting an unconscionable provision in a contract is:
In an auction, the sale is completed:
When an offeree rejects the offer, the rejection:
Actual negotiations try not to focus on positions, but:
Specific performance is only available when compensation to the victim of the breach is inadequate from:
An express warranty is NOT created by a seller’s:
Contracts must be in a signed writing to be enforced in court for:
A principal is liable if he or she ratifies an agent’s:
The official reporter for the state of California is the:
California is in the:
A petition to arbitrate served within the state must be responded to within:
The plaintiff may not use claims of mental distress as a type of damage in a(n):
Where a buyer accepts part of any commercial unit, it is acceptance of:
In California, revocations are effective to terminate offers when they are:
A relativist believes that "When in Rome, do as the:
An agent may be appointed by any person with:
The legal principle that makes the law predictable is:
Businesses have no identity separate from:
When the employer pays the travel time of the employee, the employee is acting within the scope of employment and:
For an express warranty to exist in consumer goods, the warranty must be:
hinted at.Explanation / Answer
1. c. conspicuous
As per the Magnuson-Moss Warranty Act, the labeling requirements legally need the warrantor to inform the consumers of their legal rights under the full or limited warranty they are getting. Disclaimer limitations prohibit the warrantor to have a written warranty to disclaim any implied warranty.
2. a. secondary
Assumption of risk is a defense used in torts, which reduces the plaintiff’s right to recovery, of the defendant proves that the plaintiff has voluntarily and knowingly assumed the risks. As per the Supreme Court of California, there are two types of assumptions of risk. Primary assumption of risk, where the defendant does not owe any legal duty to protect the plaintiff from the risk, and secondary assumption of risk, where the plaintiff did owe the plaintiff, a duty for his care, but the plaintiff proceeded to encounter the risk known to him imposed by the breach of duty on the defendant’s part.
3. b. material breach
A contract can either be discharged by complete performance or by material non performance of the party’s contractual duties. Material breach is when the other party fails to perform a main part of the contract. So the breach is substantial and it hence prevents the contract from completion. So the non-breaching party, victim to the material breach, is no longer obligated to finish their performance as required under the contract.
4. b. innocent misrepresentation
Material misrepresentation is when a party intentionally hides or fabricates a material fact, which if known to the other party could have resulted in termination or significant alteration of the contract. Innocent misrepresentation occurs when the party making the material misrepresentation has reasonable grounds to believe that the statement theyr were making was true.