Warranties

Question 1

Express warranties

Answer 1

distinguish from sales talk which is more general and more of an opinion

Question 2

Implied warranty of merchantability

Answer 2

when any person buys any goods from any merchant who deals in goods of that kind, a term is automatically added to the contract by law that the goods are fit for the ordinary purpose for which such goods are used

Question 3

Implied warranty of fitness for a particular purpose

Answer 3

1) buyer has a particular purpose
2) buyer is relying on seller to select suitable goods
3) seller has reason to know of purpose and reliance
4) warranties the goods for a particular purpose

Question 4

Contractual limits on warranties

Answer 4

1) disclaimer eliminates implied warranties only
2) look for language of “as is” or “with all faults”
3) OR conspicuous language of disclaimer mentioning merchantability

Question 5

Contractual limits on remedies for breach of warranty

Answer 5

1) possible to limit for even express warranties
2) general test is unconscionability
3) prima facie unconscionable if breach of warranty on consumer goods causes personal injury