Themis Essay 5513 Flashcards
The implied warranty of fitness for a particular purpose is applicable to
the sale or lease of goods.
If a lessor at the time the contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, then
there is an implied warranty that the goods will be fit for that purpose.
An implied warranty of fitness for a particular purpose can be disclaimed by
stating that the goods are sold “as is,” “with all faults,” or by using similar language that makes plain there is no implied warranty.
UCC Article 2 applies to
the sale of goods.
The term “goods” is defined as
all things movable at the time they are identified to the contract between the buyer and the seller.
UCC Article 2 applies to the sale of tangible things, but does not apply to the sale of
services, real property, or intangibles.
Used goods are not specifically excepted from
UCC Article 2.
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, goods must
(i) pass without objection in the trade under the contract description; and
(ii) be fit for their ordinary purposes for which the goods are sold.
A breach of the warranty of merchantability must have been present
at the time of sale.
Demanding that the buyer inspect the goods prior to purchasing them is one of the ways that a seller can
exclude the warranty of merchantability.
If a buyer refuses to inspect good prior to purchase and is later injured by a defect the buyer would have discovered during the inspection, then
the buyer will not be able to assert a breach of the warranty of merchantability.
