LES 305 Exam 3 Questions And Answers
100% Correct
Assumption of risk Defense in negligence cases that prevents an injured party from
recovering if it can be established that the injured party realized the risk and engaged in the
conduct anyway.
Consent Decree For administrative agencies, a type of plea bargain; a settlement
document for an administrative agency's charges.
Implied warranty of merchantability A warranty that the goods are of average quality;
given in every sale of foods by a merchant.
Express warranty Expressed promise by seller as to the quality, abilities, or performance
of a product.
Privity Direct contractual relationship.
, LES 305 Exam 3 Questions And Answers
100% Correct
Misuse In product liability, a defense based on the plaintiff's failure to follow instructions
or use of a product for improper purposes.
Contributory negligence Negligence defense that bars an injured party from recovering
any damages if the injured party acted in a negligent way and contributed to her own injuries.
Corrective advertising FTC remedy that requires a company to run ads explaining
previous deceptive ads or run a new statement in future ads.
Strict liability Liability without fault
Bait and switch Term given to advertising technique in which a low-price product is
advertised and then the customer is told that the product is unavailable or is talked into a higher-
priced product; prohibited by the FTC.
Disclaimers A provision in a contract that eliminates liability such as a warranty
disclaimer or a disclaimer of tort liability.
, LES 305 Exam 3 Questions And Answers
100% Correct
Unconscionable A defense to an otherwise valid contract that is grossly unfair to one side
in the contract.
Implied warranty of fitness for a particular Warranty given by seller to buyer that
promises goods will meet the buyer's specified needs.
Comparative negligence In negligence, a defense that allocates responsibility for an
accident between the plaintiff and defendant when both were negligent and allocates the recovery
in proportion to liability.
Federal Trade Commission (FTC) Federal agency responsible for regulation of unfair and
deceptive trade practices, including deceptive advertisements.
Caveat emptor Latin term for "Let the buyer beware".
100% Correct
Assumption of risk Defense in negligence cases that prevents an injured party from
recovering if it can be established that the injured party realized the risk and engaged in the
conduct anyway.
Consent Decree For administrative agencies, a type of plea bargain; a settlement
document for an administrative agency's charges.
Implied warranty of merchantability A warranty that the goods are of average quality;
given in every sale of foods by a merchant.
Express warranty Expressed promise by seller as to the quality, abilities, or performance
of a product.
Privity Direct contractual relationship.
, LES 305 Exam 3 Questions And Answers
100% Correct
Misuse In product liability, a defense based on the plaintiff's failure to follow instructions
or use of a product for improper purposes.
Contributory negligence Negligence defense that bars an injured party from recovering
any damages if the injured party acted in a negligent way and contributed to her own injuries.
Corrective advertising FTC remedy that requires a company to run ads explaining
previous deceptive ads or run a new statement in future ads.
Strict liability Liability without fault
Bait and switch Term given to advertising technique in which a low-price product is
advertised and then the customer is told that the product is unavailable or is talked into a higher-
priced product; prohibited by the FTC.
Disclaimers A provision in a contract that eliminates liability such as a warranty
disclaimer or a disclaimer of tort liability.
, LES 305 Exam 3 Questions And Answers
100% Correct
Unconscionable A defense to an otherwise valid contract that is grossly unfair to one side
in the contract.
Implied warranty of fitness for a particular Warranty given by seller to buyer that
promises goods will meet the buyer's specified needs.
Comparative negligence In negligence, a defense that allocates responsibility for an
accident between the plaintiff and defendant when both were negligent and allocates the recovery
in proportion to liability.
Federal Trade Commission (FTC) Federal agency responsible for regulation of unfair and
deceptive trade practices, including deceptive advertisements.
Caveat emptor Latin term for "Let the buyer beware".
