warranties Flashcards
what are warranties?
promise about a term in the k shifting the risk to the party making the promise
warranty of title
S warrants good title and transfer is rightful
express warranty
affirmation of fact, promise, or description made by S relating to the goods
becomes basis of the bargain
What are defenses to potentially breaching an express warranty?
puffing/just giving an opinion
implied warranty of merchantibility
pass without objection of trade and fit for ordinary purpose
elements of Virginia breach of IW of merchantability
S = goods merchant
B reasonably expected to use goods
goods not merchantable at time of sale
breach caused damages
B seasonably notifies S w/n after discovering breach
Does IW of merchantability only apply to new goods in VA?
no
applies to new and used goods
defenses to warranty of merchantability
buyer examined the goods
disclaimer
how do you disclaim IW of merchantability?
as is or with all faults
what is not viewed as conspicuous in VA?
printed as same size and color as rest of doc
what is the implied warranty of fitness for a particular purpose?
B is relying on S expertise when buying a particular good for a specific purpose and S knows B is relying on his expertise, there is an implied warranty that the good is fit for that purpose.
elements of breach of VA IW fitness for particular purpose
S sold the good
B reasonably expected to use good
S implied goods to be suitable for particular purpose for which they were NOT suitable
Breach caused damages
B notified S w/n reasonable time after B discovered breach
how do you disclaim implied warranty of FFP
in writing and conspicuous
“as is” or “with all faults”
damages for a breach of warranty?
k price - what he got
incidental
foreseeable consequential
what is an example of puffing?
this is the kind of boat that’ll get you to the fishing grounds
you look good in that boat
