Implied terms + warranties

Question 1

What are implied terms

Answer 1

implied terms are terms that the court did not find in the parties agreement but should be implied by law .

Question 2

Implied in fact

Answer 2

agreed by both parties

Question 3

Implied in law

Answer 3

imposed by the court

Question 4

what are aesthetic

Answer 4

aesthetics are subjective; the standard of good faith is employed when the contract involves personal fancy

Question 5

what is applied with commercial quality

Answer 5

Reasonable person standard is applied with commercial quality, operative fitness, or mechanically utility

Question 6

Do at will contracts apply to fixed termed contracts

Answer 6

No (unless it is not a true fixed contract)

Question 7

implied warranty of merchantability

Answer 7

unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for there sell… if the seller is a merchant with respect with goods of that kind

Question 8

Implied warranty of a particular purpose

Answer 8

when a buyer relies on the sellers skill or judgement to select suitable goods and the seller has no reason to know of the reliance

Question 9

How can express warranties be made?

Answer 9

express warranties can be made through contract language, picture brochure, pop matrixes