Tu-thumbs buys a used paint sprayer from the local paint store. ...

[2125004343]

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.

[nixon_s]

Answer to Question 1

A

Answer to Question 2

C

[2125004343]

Thanks for the timely response, appreciate it

[amandalm]

TYSM