1. Which of the following is a set of rules designed to simplify and modernize the law governing the sale
of goods?
a.
Dram shop acts
c.
The Uniform Commercial Code
b.
The Constitution
d.
Stare decisis
2. According to the warranty of merchantability, goods sold must meet what standard?
a.
They must be the best possible.
b.
They must be least expensive.
c.
They must be approved by an impartial evaluation process.
d.
They must be of at least average quality and fit for their ordinary purpose.
3. Darryl ate a piece of chocolate fudge nut cake at a restaurant and was injured when he swallowed a
piece of a nutshell. Which of the following is true?
a.
Under the foreign/natural test, the restaurant would not be liable because the nutshell is a
foreign object.
b.
Under the reasonable expectation test, the restaurant would be liable because a diner does
not reasonably expect a nutshell in a piece of nut cake.
c.
Under the reasonable expectation test, the restaurant would not be liable because a diner
should reasonably expect a nutshell in a piece of nut cake.
d.
The restaurant will not be liable because a nutshell is not dangerous to diners.
4. Which of the following is not a breach of the warranty of merchantability?
a.
Chicken soup is served without being heated so that its temperature is quite cold.
b.
Pork is served without being properly cooked so that parasites that cause trichinosis are
alive in it.
c.
Macaroni salad is served with spoiled mayonnaise.
d.
Contaminated meat is used in a stew.
5. Which of the following are in privity of contract?
a.
A guest and an innkeeper
b.
A plaintiff and a defendant
c.
A restaurateur and a person who reads the menu displayed in the restaurant window but
chooses to eat elsewhere
d.
A brother and a sister
6. Which of the following is not required for an action in strict products liability?
a.
Defendant sold a product in a defective condition.
b.
There was privity of contract between the plaintiff and the defendant.
c.
Plaintiff suffered an injury.
d.
The injury was caused by the defective product.
7. Which of the following is not mandated by the regulations passed pursuant to the Nutrition Labeling
and Education Act?
a.
Mandatory nutritional labels for all packaged foods
b.
Mandatory nutritional labels for all food served in a restaurant
c.
Regulation and standardization of words such as “light,” “cholesterol–free,” and
“low–calorie”
d.
A statement on the label of the number of grams of total fat in the food, and the number of
those grams that are derived from saturated fat
8. Which of the following is not true about kosher food?
a.
It is food prepared consistent with religious requirements of the Jewish faith.
b.
For meat to qualify as kosher, the animal from which the meat was obtained must have
been slaughtered according to specified rules.
c.
The preparation of kosher food by a restaurant or supplier must be supervised by a rabbi.
d.
Both kosher and non-kosher meats can be sliced on the same machine without
jeopardizing the kosher aspect of the kosher meat.
1. The basis for imposing the warranty of merchantability on sellers of goods is public policy for the
protection of consumers.
2. After eating a meal at a fast-food restaurant, Mandy discovered that the nutritional content was very
low. True or false: The meal violated the warranty of merchantability.
3. A trend exists in which states are rejecting the foreign/natural test and instead adopting the reasonable
expectation test.
4. The warranty of merchantability applies when a supplier delivers ordered food to a restaurant.
5. Patty ate a chocolate chip cookie and choked when a chocolate chip went down the wrong way. True
or false: Because of the presence of the chocolate chips, the cookie breached the warranty of
merchantability.
6. Under the Uniform Commercial Code, a plaintiff who sues for breach of warranty of merchantability
must be in privity of contract with the seller of the defective food.
7. Warranty of merchantability and strict products liability are identical bases on which to sue for a
defective product.
8. The Nutrition Labeling and Education Act requires that food labels contain a statement of the U.S
recommended daily allowance the food product contains of total fat, carbohydrates, and fiber.
9. The Uniform Commercial Code is a set of rules designed to simplify and modernize the law governing
sale of goods, including food.
10. Merchantable means the goods are not of good quality and fit for their ordinary purpose.
11. Inappropriate objects in food will render it unmerchantable.
12. The foreign natural substance test is foreign objects in food.
13. The reasonable expectation test examining whether an object found in food ought to have been
anticipated by the consumer.
14. Customers who were injured eating walnut ice cream with the shell of the nut violates merchantability.
15. Class action is a suit pursued by many who were injured by the same cause.
16. If a beverage is above boiling hot, the product does not need to be branded with “Caution, hot
beverage.”
17. Salmonella is a type of fungus.
18. Trichinosis is an illness caused by eating raw or undercooked pork and wild game products infected
with larvae.
19. An example of privity of contract is going in to the store and purchasing bad peas and suing the store.
20. A diner can sue a restaurant when the server neglected to prepare the meal correctly.
21. The FDA mandates the food and drug industry.
22. The law states that restaurants cannot be sued by claiming “fat free” or “low carb” on their menus
when the dishes are not.
23. Kosher foods are a designation referring to food prepared consistent with Jewish religious
requirements.
1. If an innkeeper purchased a couch for a guest room, and it collapsed when the first guest to occupy the
room sat on it, the couch would violate the warranty of ____________________.
2. The relationship between parties to a contract is called ___________________________________.
3. To alleviate the privity requirement, most states have adopted a cause of action called
___________________________________.
4. Laws that require restaurants to remove untruthful statements from their menus and advertisements are
called _________________________ laws.
5. A law passed by Congress in 1990 mandating certain information be placed on food labels is called the
____________________________________________________________.
6. If a restaurant is unable to control an unruly diner, an employee should
______________________________.
7. Preparation of kosher food is supervised by a ____________________ or a designee.
8. For training and the right to use a fast food name at a hotel, they pay a ____________________ fee.
9. Many states have established laws that restrict ____________________ in many public buildings,
including restaurants.
10. Restaurateurs and tavern keepers have a duty to protect customers from ____________________.
11. When a fight breaks out at a bar, and it is unforeseen, the bar is not ____________________.
1. Smoking restrictions in restaurants and hotels are based on finding that
____________________________________________________________________.
2. The reasonable expectation test examines whether
____________________________________________________________________.
3. In the UCC2–315, the number 2 refers to
____________________________________________________________________.
4. The number of states that have adopted the Uniform Commercial Code is
____________________________________________________________________.
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