Article 2 - Warranties and Prodct Liability

Question 1

Implied Warranty for a specific purpose

Disclaimer

Answer 1

Also called as salesperson’s warranty - When the buyer explains his need and purchases as per seller’s recommendation

Must be conspicuous and in writing

Question 2

What is Implied Warranty of Merchantibility
Also called as the

“restaurant food quality”

Disclaimer

In an AS-IS sale, only implied warranties of Merchantability and Specific Purpose is disclaimed

Answer 2

M-Can only be made by the Merchant
N-Nature - ordinary use - kind - quality- quantity-labeled, packaged and conforms to the description on the package

Must mention the word “merchantibility”
can be oral or in writing and conspicuous

Question 3

Strict Tort Liability

Requirements -

Negligence Tort Liability

Answer 3

The affected party need not be privy to the contract. Friend - Party - Tainted Turkey - Both you and friend can sue

product must be defective enough to be dangerous.

• Should be manufacturer or seller
• It reached directly from the manufacturer or seller in the same defective condition, not tampered with in between

Additional Information -
* Contributory negligence by buyer does not prevent legal action * Does not have to prove negligence *Privity of contract is not important

All requirements as Strict Tort Liability, plus 1 - Knowledge of the defect - Manufacturer and Seller know of the defect

Question 4

UCC SAles Article -

Express Warranties

Implied Warranties

Answer 4

Description of Goods
Conformance of Bulk to Sample
Affirmations of facts or promises

Specific purpose
Merchantibility - Title, devoid of defects, ordinary purpose
Usage of Trade

Question 5

Express Warranty

Answer 5

Express warranties must be part of the basis of the bargain between buyer and seller - meaning - In addition to being statements of fact or promises of performance, whatever is stated or written must be important to the buyer in making the decision to buy.