Manuela Purchased a Network Server from Compu- Sell

question 18

Multiple Choice

Manuela purchased a network server from Compu- Sell. After installing the server and trying to use it for several days, however, she discovered that it does not perform in the way that she expected and requires. Which of the following statements is TRUE with respect to terms under the Sale of Goods Act?

• A) The server may be of merchantable quality if Manuela purchased it as used, even if it would not be considered merchantable quality if Manuela purchased it new.
• B) The implied term of merchantability applies to the server itself, but not to its labeling and packaging.
• C) If the server is not of merchantable quality, Manuela will not be able to sue if she did not inspect the server at the time of purchase, and if the defect would have been discovered on the basis of a reasonable inspection.
• D) Manuela will not be able to sue for a lack of merchantability unless it was reasonably clear to Compu- Sell that Manuela was relying on its expertise.
• E) because of the maxim caveat emptor, the parties' contract will not contain an implied term of merchantability unless the parties actually intended to include that term

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Definitions:

Strategic Operation

Refers to the planning and execution of critical business operations with a focus on achieving long-term objectives and enhancing organizational performance.

HR Mobile Apps

Mobile applications designed to facilitate various human resources functions, such as recruitment, training, employee engagement, and performance management.

Information Technology

This encompasses the use of computers, software, and telecommunications to store, retrieve, transmit, and manipulate data, often in the context of business operations.

HRM Planning

The act of developing and implementing strategies related to managing an organization's human resources, ensuring the right number and mix of employees.