Blaw Chapter 21 - Warranties
"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
a confirmation of the quality or performance of a good or service - ✔✔Warranty
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
no - ✔✔Is an express warranty required
False - ✔✔T/F - The word guarantee has to be used in an express warranty?
A commendation of goods, made by a seller or lessor, that does not create an express
warranty. - ✔✔statement of opinion
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:
Warranty must be a contributing factor that enticed buyer/lessee to enter the contract
A retailer is liable for the express warranties made by manufacturers of goods it sells -
✔✔Recovery for breach of warranty
Difference between value of goods as warranted and actual value of goods at time and place
of acceptance
- Recoverable for personal injuries caused by breach of warranty - ✔✔compensatory
damages
Warranties imposed by law, arising automatically because the sale has been made. -
✔✔implied warranties
Implied Warranty of Merchantability
Implied Warranty of Fitness for Human Consumption
Implied Warranty of Fitness for a Particular Purpose - ✔✔forms of implied warranties
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