Warranties Flashcards
Implied in fact - ______ of promise as a ____ of ___ is necessary to give the parties’ agreement _____ ______
Implication of promise as a matter of law is necessary to give the parties’ agreement business efficacy
Reasonable efforts
- ______ _______ to use ____ _____ will prevent a somewhat indefinite ______ from being ______
Implied obligation to use reasonable efforts will prevent a somewhat indefinite promise from being illusory
Every contract or duty imposes an obligation of _____ ____ in its performance within its scope R § 205
Every contract or duty imposes an obligation of good faith in its performance within its scope R § 205
____ _____ & _____ ____ is meant to protect the ____ of the ______ and the _____ ______ of the parties thereby policing against ______ behaviors
GFFD is meant to protect the fruits of the contracts and the reasonable expectations of the parties thereby policing against opportunistic behaviors
Typical victims of breach of GFFD have ____ ____ and ______ _______
inadequate bargaining power and financial vulnerability
An express warranty is
A description of goods that forms the basis of the bargain
An express warranty is not
mere puffery
Three ways of express warranty
description, representation, display
Express warranty also requires it to be what
the basis of the bargain
Implied Warranty of Merchantability - requires a _____ who regularly sells ____ of a _____ kind impliedly warrants to the buyer that the goods are of ___ ____ and are __ __ ____ ____ for which they are used. UCC 2-314
merchant who regularly sells goods of a particular kind impliedly warrants to the buyer that the goods are of good quality and are fit for the ordinary purposes for which they are used. UCC 2-314
Implied Warranty of Merchantability - the two standards are?
Trade objection standard and Ordinary purpose standard
Implied Warranty of Fitness for a Particular Purpose - Only when the _____ relies on the seller’s ____ or _______ to select suitable goods and the seller has _____ to know of this reliance. This does not require a showing that the goods are _____, merely that the goods are not fit for the buyer’s particular purpose. UCC 2-315
Only when the buyer relies on the seller’s skill or judgement to select suitable goods and the seller has reason to know of this reliance. This does not require a showing that the goods are defective, merely that the goods are not fit for the buyer’s particular purpose. UCC 2-315
Requirements for disclaimers
o Conspicuous (both) o Written (IWFPP only [IWM - can be oral]) o "Merchantability" (IWM)
Implied Warranty of Workmanlike Construction - Building to be constructed in a ______ ___ and ______ manner and be _____ __ for the ________ ______ with quality of work and materials meeting average or reasonable _____ of the trade
Implied Warranty of Workmanlike Construction
Building to be constructed in a reasonably good and workmanlike manner and be reasonably fit for the intended purpose with quality of work and materials meeting average or reasonable standards of the trade
Implied Warranty of Habitability
Requires that the ____ be ____ for ______ and provide inhabitants with a ______ ___ place to live without ____ of ____ to person, health, safety, or property
Implied Warranty of Habitability
Requires that the home be suitable for occupation and provide inhabitants with a reasonably safe place to live without fear of injury to person, health, safety, or property
