Warranties

Question 1

What is an express warranty?

Answer 1

Any promise, affirmation, description, or sample that is part of the basis of the bargain is an express warranty.

UNLESS it is merely the seller’s opinion or commendation of the value of the goods.

Question 2

When may an express warrant be an ineffective disclaimer?

Answer 2

When the disclaimer is unreasonable.

For example, a disclaimer that tries to say all warranties, expressed or implied, are disclaimed will fail.

Question 3

Can a individual sue separately for both breach of contract as well as breach of warranty?

Answer 3

Yes! These can be two separate suits.

Question 4

What is the Implied Warrant of Merchantability?

Answer 4

Under the UCC, a warranty of merchantability is implied whenever the seller is a merchant.

Compliance requires:

1) Goods fit for ordinary purpose

2) Pass without inspection in trade under the contract.

Question 5

How can one be sued for breach of the IWM?

Answer 5

The breach was present at time of sale.

A seller may disclaim the IWH through using the term “merchantability”.

This can be done orally or in writing, if conspicuous.

Question 6

What is the Implied Warranty of Fitness for a Particular Purpose?

How may it be disclaimed?

Answer 6

Under the UCC, a warranty that the goods are fit for a particular purpose is implied whenever the seller

1) Has reason to know that buyer has particular use for goods

2) Buyer relies on sellers skills to select goods

May be disclaimed if in writing and is conspicuous.