Gap Fillers

Question 1

What are the types of implied warranties under the UCC?

Answer 1

1. Warranty of Title against Infringement
2. Warranty of Merchantability
3. Warranty for Fitness for a Particular Purpose

Question 2

Warranty of Title and against Infringement

Answer 2

There is an implied warranty of:

1. good title to the goods
2. of the rightful transfer of the goods, and
3. that no liens or other security interest are attached to these goods (2-312)

Question 3

How is the Warranty of Title and against Infringement excluded or modified?

Answer 3

By specific language, OR

By circumstances which give the buyer reason to know that the seller does not claim unencumbered title

Question 4

When does the Warranty of Merchantability apply?

Answer 4

When the seller is a merchant with respect to goods of that kind

Question 5

What does Warranty of Merchantability guarantee?

Answer 5

It guarantees that the goods are fit for the ordinary puposes for which these goods would be used (2-314)

Question 6

What does Warranty of Fitness for a Particular Purpose guarantee?

Answer 6

That the goods being sold are fit for the particular purpose for which the buyer intends to use them

Question 7

Where does the Warranty of Fitness for a Particular Purpose apply?

Answer 7

At the time of contracting,

where the seller has good reason to know:

1. the particular purpose for which the goods are required, and
2. that the buyer is relying on the seller’s skill or judgment to select or furnish reasonable goods

Question 8

How are express warranties created?

Answer 8

1. By any affirmation of fact or promise made by seller to buyer that relates to the goods and becomes part of the basis of the bargain
   
   • Creates: express warranty that goods will conform to the affirmation/promise
2. By any description fo the goods that is made part of the basis of the bargain
   
   • Creates: express warranty that the goods will conform to the description