parol evidence and warranties

Question 1

PE RULE

Answer 1

same things as mbe

Question 2

express warranty

Answer 2

1) promise; affirmation of fact; description of goods; sample; model

Question 3

the warranty must be

Answer 3

part of the basis of the bargain that a reasonable buyer would consider the statement when purchasing the goods

Question 4

does opinion give rise to warranty?

Answer 4

no

Question 5

item of good quality?

Answer 5

not a warranty

Question 6

implied warranty of merchantability

Answer 6

unless disclaimed, seller is a merchant who is in the business of selling goods of the kind buyer is buying

Question 7

in VA, merchantability applies to both

Answer 7

new and used goods, but will differ depending on it

Question 8

is k for the sale of home contain an implied warranty of merchantability?

Answer 8

no! thats common law

Question 9

merchantability can be disclaimed by

Answer 9

using the term merchantability to disclaim; verbal disclaimers can be used

Question 10

disclaimer language must be

Answer 10

conspicuous– same font is probably not conspicuous

Question 11

implied warranty of fitness for a particular purpose

Answer 11

buyer has a certain purpose for the goods and relying on the sellers skill and judgement and the seller knows the buyer is relying on it

Question 12

may disclaim but must be

Answer 12

conspicuous

Question 13

if shortage, seller can allocate goods

Answer 13

in a fair and reasonable manner