Warranties

Question 1

means an express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties.

Answer 1

Warranties

Question 2

(1) an enforceable (2) promise (3) that something relating to the contract (4) will be a specific way.

Answer 2

Warranties

Question 3

The warranty of habitability
The warranty of merchantability
The warranty of fitness for a particular purpose
The warranty of title is not an “implied” warranty.

Answer 3

types of implied warranties

Question 4

there is in a contract for sale a warranty by the seller that
the title conveyed shall be good, and its transfer rightful; and
the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

Answer 4

U.C.C. § 2-312 Warranty of Title

Question 5

occurs when there is a passing of title from the seller to the buyer for a price.

Answer 5

Sale

Question 6

A person who sells or contracts to sell goods.

Answer 6

Seller

Question 7

A person who buys or contracts to buy goods.

Answer 7

Buyer

Question 8

Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.

Answer 8

U.C.C. § 2-2-313 Express Warranty

Question 9

Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

Answer 9

U.C.C. § 2-2-313 Express Warranty

Question 10

Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

Answer 10

U.C.C. § 2-2-313 Express Warranty

Question 11

It is not necessary to the creation of an ________ _______ that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.

Answer 11

express warranty

Question 12

There is an implied warranty of merchantability in all contracts for goods sold by a __________.

Answer 12

merchant

Question 13

Seller is merchant with respect to goods of that kind
Warranty was not properly excluded/modified
Goods are merchantable

Answer 13

There is a warranty of merchantability if

Question 14

Pass without objection in the trade
If fungible (replaced with equal), are of fair average quality within the description
Fit for the ordinary purposes for which such goods are used
Run, within variations permitted by agreement, of even kind, quality and quantity within each unit and among all units
Adequately contained, packaged, and labeled as agreement requires
Conform to the promises or affirmations of fact made on the container or label

Answer 14

Goods to be merchantable must be at least such as

Question 15

Seller has reason to know
At time of contracting
Any particular purpose for which goods are required and
That buyer is relying on seller’s skill/judgment to select or furnish suitable goods

Answer 15

U.C.C. § 2-2-315 Implied Warranty of Fitness for a Particular Purpose