Warranties

Question 1

Warranty of Title

Answer 1

All sellers warrant that title is good and that the transfer is rightful

Question 2

Express warranty

Answer 2

A promise affirming or describing the goods that is part of the basis of the bargain is an express warranty unless it is merely the seller’s opinion

The use of a sample or model also creates an express warranty

Question 3

Implied warranty of merchantability

Answer 3

1) Seller must be a merchant with goods at issue

2) Warrants that the goods are going to be fit for their ordinary purpose

3) a breach of this warranty must have been present at the time of the sale

Question 4

Implied warranty of fitness for a particular purpose

Answer 4

1) Buyer relies on seller’s expertise to select a particular good to be used for a special purpose

2) Warrants that the goods will satisfy the special purpose

Question 5

The Implied warranty of merchantability can be disclaimed by

Answer 5

1) Orally using the “merchantability”

2) In writing, if the disclaimer is conspicuous “as is, with all faults)

Question 6

The Implied warranty of fitness for a particular purpose

Answer 6

1) Must be in writing that is conspicuous (as is, with all faults:

Question 7

In Virgina, the implied warranty of merchantability applies to

Answer 7

Both old and new goods. However, it it will differ depending on if the is new or used

Question 8

“This item is of good quality

Answer 8

Is not a warranty in VA, this is sales puff

Question 9

In Virgina, the question if a P can sue a D who is not in privity for a breach of warranty depends on

Answer 9

Whether the plaintiff was reasonably expected to use, consumer, or be affected by the goods.

Question 10

Implied warranties can be waived when the buyer

Answer 10

Inspects the goods or refuses to examine the goods

Question 11

An Express warranty can be made

Answer 11

subsequent to a contract for sale, although this would modify the original agreement

Question 12

Under Article 2 Words or conduct relevant to the creation of an express warranty and words tending to negate or limit the warranty are construed as consistent

Answer 12

However, negation or limitation is inoperative is to the extent such construction is unreasonable.

Thus a disclaimer clauses that grossly conflict with express warranties “all warranties exclaimed” are ignored