Warranties

Question 1

What are the three primary types of warranties?

Answer 1

express warranties, implied warranties of merchantability, and implied warranties of fitness for a particular purpose

Question 2

When is an express warranty created?

Answer 2

when a seller promises or affirms that goods conform to a stated fact or condition, regardless of the seller’s language or intent

Question 3

What can an express warranty include?

Answer 3

any description, sample, or model that forms the basis of the bargain (does not include mere puffery)

Question 4

Express warranties do not include mere puffery in the form of the seller’s _________ or _____

Answer 4

opinion; commendation

Question 5

An implied warranty of merchantability guarantees:

Answer 5

that goods are merchantable and is automatically created when the seller is a merchant of goods of that kind

Question 6

Goods are merchantable if:

Answer 6

they are fit for the ordinary purposes for which such goods are used

Question 7

An implied warranty of fitness for a particular purpose guarantees:

Answer 7

that goods are fit for the buyer’s particular purpose and is automatically created when the buyer relies on the seller’s skill or judgment to select suitable goods

Question 8

For an implied warranty of fitness for a particular purpose, the seller must know

Answer 8

of the buyer’s particular purpose and reliance on the seller’s judgment, but the seller doesn’t need to be a merchant

Question 9

A _________ may negate a warranty

Answer 9

disclaimer

Question 10

What are the two types of disclaimers?

Answer 10

express and implicit

Question 11

How can a seller explicitly disclaim an express warranty?

Answer 11

using clear and reasonable words or conduct

Question 12

How can a seller explicitly disclaim an implied warranty of merchantability?

Answer 12

using spoken or written language that mentions merchantability (must not be in fine print unless pointed out to buyer)

Question 13

How can a seller explicitly disclaim an implied warranty of fitness for a particular purpose?

Answer 13

using written language (must not be in fine print unless pointed out to buyer)

Question 14

How can a seller implicitly disclaim either type of implied warranty?

Answer 14

by using plain language, such as “as is” or “will all faults” or by permitting a buyer examination of the goods. If the buyer examines the goods as fully as desired or refuses to examine the goods at all, then the warranty is negated for any defects that the examination should have revealed under the circumstances

Question 15

An _______ warranty may not be implicitly disclaimed.

Answer 15

express