Blaw Chapter 21 - Warranties
-Goods are fit for the ordinary purposed for which they are used
-Goods must be adequately contained, packaged, and labeled
- Goods must be an even kind, quality , and quantity within each unit
-goods must conform to any promise or affirmation of fact made on the container
- quality of the goods must pass without objection in the trade
- fungible goods meet a fair average or middle range of quality - ✔✔Standards of the Implied
Warranty of Merchantability
-Warranty of Good Title
-Warranty of No Security Interests
-Warranty against Infringement
-Warranty of No Interference - ✔✔Warranties of Title and possession
"let the buyer beware" basically the burden is on the buyer to practice due diligence. Used to
work this way, but UCC flipped implied and express warranty burden on seller - ✔✔Caveat
Emptor
1. All affirmations of fact or promise made about the goods.
2. Any description of the goods
3. Any model or sample of the goods - ✔✔When an express warranty is created a seller
indicates goods will conform to:
A commendation of goods, made by a seller or lessor, that does not create an express
warranty. - ✔✔statement of opinion
a confirmation of the quality or performance of a good or service - ✔✔Warranty
A federal statute that regulates written warranties on consumer products and that they're
labeled either full or limited warranties. - ✔✔Magnuson-Moss Warranty Act
A seller's or lessor's oral, written, or inferred promise, ancillary to an underlying sales or lease
agreement, as to the quality, description, or performance of the goods being sold or leased. -
✔✔Express Warranty
A statement that negates express and implied warranties. Must be conspicuously (obviously)
stated to be valid - ✔✔warranty disclaimers
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