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Review Questions §7.10 Review 

 
Lesson 7:
Consumer
Protection
& Warranties

1. Sally has not ordered the Martha Steward Magazine but receives the magazine every month. Sally has begun to receive bills for the magazine. Sally may keep the magazines as an unconditional gift and owes nothing for their receipt.

True

False


2. Plaintiff receives unsolicited e-mails advertising hair growth products. In a suit for liquidated damages, Defendant/Advertiser successfully mounts an affirmative defense, establishing that it had implemented procedures designed to prevent this kind of unsolicited e-mail. Plaintiff may not recover any of the liquidated damages.

True

False


3. Unsolicited fax advertising is governed by federal law, and thus, any suits under the law must be brought in federal court.

True

False


4. A new Platinum Gym is being built. The gym is taking early signups, using a consumer contract that includes the following terms. Which terms are unlawful?

1. The contract requires payments over a four-year period.

2. Membership costs $4000, excluding initial membership fees.

3. Services may be delayed for up to seven months.

4. New members may cancel up to the day the gym opens for business.

5. All of the above.

 
 
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