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CPCU 530 CHAPTER 1 QUESTIONS WITH CORRECT ANSWERS

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CPCU 530 CHAPTER 1 QUESTIONS WITH CORRECT ANSWERS

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Implied Warranty
(1.11)


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An obligation that the courts impose on a seller to warrant certain facts
about a product even though not expressly stated by the seller.




Categories and Examples of Key Antidiscrimination Laws


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1.18

,Fair Trade Laws
(1.13)


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1. The Federal Trade Commission (FTC) Act
- prohibits unfair methods of competition and unfair or deceptive acts or
practices that restrict interstate commerce
- broader than antitrust laws in that it prohibits unfair or deceptive acts tat
have no relationship to competition
2. State unfair trade practices acts
- state laws are designed to compensate for perceived inadequacies in the
FTC act
- they generally follow the National Association of Insurance
Commissioners' (NAIC) model insurance Unfair Trade Practices Act
3. Magnuson-Moss Warranty Act
- if the producer does supply a written warranty, it must conform to certain
standards
- law applies to consumer products, defined as tangible personal property
for personal, family, or household use, including fixtures (personal property
affixed to land or structures)




States have made exceptions to the employment-at-will doctrine
(1.16)


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, 1. Public policy exception
- most widely accept exception
- asserts that an ee may not be fired for reasons that violate established
public policy of the state

2. Implied-in-fact contract exception
- applies when terms and intentions are indicated by actions of the
contract's parties and surrounding circumstances, rather than expressly
written

3. Covenant-of-good-faith exception
- implied-in-law contract exception
- employer can act in bad faith by firing an ee without just cause
- few states recognize this exception

4. Statutory exceptions
- Congress and states have enacted laws and adopted regulations
specifically intended to protect ees and to define and prohibit certain
discriminatory practices
- provide specific and generally clear exceptions to the employment-at-
will doctrine

** Antidiscrimination laws create major statutory exceptions to the
employment-at-will doctrine
- can't treat differently due to age, sex, race, color, religion, national origin,
citizenship (if approved to work), disability, military service, jury duty, wage
garnishment, and sexual harassment




Express Warranty
(1.11)


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An explicit statement about a product by the seller that the buyer or other
user may rely on and that provides a remedy in the event the product does
not perform as claimed.

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