Warranties

Question 1

What are the 3 types of warranties?

Answer 1

1. Express warranties (UCC)
2. Implied warranty of merchantability (UCC)
3. Implied warranty of fitness

Question 2

What are express warranties? (law, creation, disclaimers)

Answer 2

Governed by UCC

Created when seller makes an assertion or uses a model which the buyer basis their decision off of

Disclaimers that grossly conflict with express warranties are unenforceable

Question 3

What are implied warranties of merchantability? (law, creation, disclaimers)

Answer 3

Governed by UCC

All merchants make this warranty (unless disclaimed) that their goods are fit for their ordinary purpose.

A merchant can disclaim if the language is clear (as is, with all faults, etc.); can be oral as long as “merchantability” is used

Question 4

What is the implied warranty of fitness? (law, creation, disclaimers)

Answer 4

Not req. to be a merchant

Implied when seller has reason to know that the buyer has a particular use for the goods and buyer is relying on seller’s skill to select the goods

Can be disclaimed by general language but MUST be clear AND in writing.