Chapter 14

Question 1

Express Warranty

Answer 1

an oral or written statement, promise, or other representation about the quality of a product
(3 kinds)

Question 2

Statement of fact or promise

Answer 2

Whenever a seller of goods makes a
statement of fact to a buyer about the goods, that seller has created
an express warranty

Question 3

Description of the goods

Answer 3

Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will be as described

Question 4

Sample or model

Answer 4

-When a sample or model becomes part of the basis of the bargain, an express warranty is created.
-The seller warrants that the goods that will be delivered are the same as the sample or mode

Question 5

Implied Warranty (3 types)

Answer 5

a warranty that is imposed by law rather than by statements, descriptions, or samples given by the seller

Question 6

(1) Warrant of Merchantability

Answer 6

-provides that, unless excluded in one of the ways discussed, whenever a merchant sells goods, the merchant warrants that the goods are merchantable, that is, they are reasonably fit for the purpose for which
they are sold.
-To exclude the implied warranty of merchantability, the word
merchantability must be used in the disclaimer and it must be in large,
bold type so that it is conspicuous (easy to see).

Question 7

(2) Warranty of fitness for a particular purpose

Answer 7

When the buyer relies on
the seller’s skill and judgment to select the goods, the seller implicitly
warrants that the goods will be fit for the purpose for which they are to be used

Question 8

(3) Warranty of title

Answer 8

includes an implied promise that the goods will be delivered free of any liens (claims of others) about which the buyer has no knowledge

Question 9

Sell As Is

Answer 9

A common practice in the sale of used cars, lawnmowers,
electrical appliances, and similar merchandise is for the seller to
stipulate that the goods are being sold as is.
-The use of expressions such as as is, with all faults, and others is
another way to exclude implied warranties.
-However, those words do not exclude express warranties or the warranty
of title.