Tu-thumbs buys a used paint sprayer from the local paint store. The sprayer had a large sign on it which said AS IS. The dealer made no promises or statements concerning the performance of the paint sprayer. When Tu-thumbs attempts to spray paint his house, the trigger on the sprayer sticks in the on position and before Tu-thumbs can pull the electrical cord to cut the power, paint is sprayed all over his prize Borzoi dog that is scheduled to be shown in a dog show the next day. Tu-thumbs sues the dealership. Who wins?
A)Dealer wins; there were no express warranties and all implied warranties have been successfully disclaimed.
B)Tu-thumbs wins; he can recover on the basis of express warranties.
C)Tu-thumbs wins; he can recover on the basis of the implied warranty of merchantability because the word merchantability was not used in the disclaimer.
D)Dealer wins; even though there were implied warranties, the damage to the dog could not have been foreseen.
Question 2
The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:
A) Good excuse clause.
B) Out of control clause.
C) Force Majeure clause.
D) Excuse moi clause.
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