Themis Essay 884

Question 1

An express warranty can be made

Answer 1

subsequent to the contract for sale.

Question 2

No consideration is needed in order to

Answer 2

make a modification in good faith under the UCC.

Question 3

Whenever a seller is a merchant with respect to the goods sold,

Answer 3

a warranty that the goods are merchantable is implied in a contract for the sale of the goods.

Question 4

For goods to be merchantable, they must be

Answer 4

fit for their ordinary purpose and pass without objection in the trade under the contract description.

Question 5

A breach of the warranty of merchantability must have

Answer 5

been present at the time of sale.

Question 6

There is no implied warranty with respect to defects of goods where

Answer 6

an examination ought to have revealed the defects to the buyer.

Question 7

A seller may disclaim the implied warranty of merchantability by:

Answer 7

(i) disclaiming orally or in a conspicuous writing; (ii) using the term “merchantability”; or (iii) using “as is” or similar language that makes plain that there is no implied warranty.

Question 8

A warranty that goods are fit for a particular purpose is implied whenever

Answer 8

the seller has reason to know (from any source, not just from the buyer) that the buyer has a particular use for the goods.

Question 9

Any promise, affirmation, description, or sample that is part of the basis of the bargain is

Answer 9

an express warranty, unless it is merely the seller’s opinion of the value of the goods.