Chapter 23 Warranties Flashcards
Good title
In most sales, sellers warrant that they have good and valid title to the goods sold and that the transfer of the title is rightful
Liens
Encumbrances (claims, charges, or liabilities)
No liens
Protects buyers and lessees who are unaware of any encumbrances against goods at the time the contract is made
Security interest
Interest in the goods that secures payment or performance of an obligation
No infringements
A merchant-seller or lessor warrants that the buyer or lessee takes the goods free of infringements from any copyright, trademark, or patent claims of a third person
Affirmation of fact or promise
E.g. D.J. Vladick, a salesperson at Home Depot, tells a customer, “These drill bits will easily penetrate stainless steel—and without dulling.”
Merchantable
Reasonably fit for the ordinary purposes for which such goods are used
Lemons
Defective automobiles
Magnuson-Moss warranty act
Designed to prevent deception in warranties by making them easy to understand