Themis Essay 2438 Flashcards
Warranties
Any promise, affirmation, description, or sample that is part of the basis of the bargain is
an express warranty, unless it is merely the seller’s opinion or commendation of the value of the goods.
A warranty that the goods are merchantable is implied in a contract for their sale whenever
the seller is a merchant with respect to goods of that kind.
To be merchantable, the goods must be
at least fit for the ordinary purposes for which such goods are used.
An implied warranty that goods are fit for a particular purpose exists if
(i) the seller at the time of contracting has reason to know or any particular purpose for which the goods are required, and (ii) the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods.