USCPA每日一练之REG【2015-12-15】

高顿网校2015-12-15 10:31Lynn.yu
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Under the UCC, an action for breach of the implied warranty of merchantability by a party who sustained personal injuries may be successful against the seller of the product only when

A. The injured party is in privity of contract with the seller.

B. The seller is a merchant with respect to the product involved.

C. An action based on strict liability in tort can also be successfully maintained.

D. An action based on negligence can also be successfully maintained.

Answer:B

This answer is correct. Under the UCC, every merchant seller of goods implicitly warrants that the goods are fit for the ordinary purpose for which such goods are used, are adequately packed and labeled, and conform to the promises or affirmation of fact made on the package or label. An injured party may recover under any one of the three theories of liability: breach of warranty, negligence, or strict liability. The injured party must only establish one of these theories in order to be successful against a seller.

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