Warranties

Question 1

Historical Rule on Warranties

Answer 1

Caveat Emptor - buyer beware. Seller ore no responsibility for quality of product unless express warranty in K

Question 2

UCC Modern Law of Warranties. 3 types

Answer 2

1. express warranties
2. implied warranty of merchantability
3. implied warranty of fitness for particular purpose.

Question 3

UCC 2-313 - Express Warranties

Answer 3

(a) any affirmation of fact or promise made by the seller to the buyer regarding the goods and becomes a part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise
(b) any description of the goods which is made a part of the basis of the bargain creates an express warranty that the goods shall conform to the description
(must be verifiable, not puffery

Question 4

puffery

Answer 4

does not create a warranty because it is an opinion and not verifiable
puffery is a statement purporting to be merely the seller’s opinion

Question 5

UCC 2-214 - Implied Warranty of Merchantability

Answer 5

A 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 ordinarypurposes for which they are used
Only applies to a merchant.

Question 6

UCC 2-315 - Implied Warranty of Fitness for a Particular Purpose

Answer 6

is created only when the buyer relies on the seller’s skill or judgment to select suitable goods and the seller has reason to know of this reliance.
Breach of the warranty does not require a showing that the goods are defective in any way, merely that the goods are not fit for the buyer’s particular purpose

Question 7

Id/CA Default Rule for Basis of the Bargain

Answer 7

Any statement of a verifiable fact made y Seller to uyer about the good is presumptively part of the asis of the bargain unless seller can prove otherwise (hard to prove otherwise)