Flashcards in Contracts: Terms - Warranties & Product Liabilities Deck (6)
Loading flashcards...
1
UCC Article 2:
Express Warranties
- Affirmation of fact/promise of performance
- Description of goods
- Samples or models
Nature:
- can be oral or written
- in brochures, advertisments, etc.
- created without words warranty or guarantee
- given by merchants and non-merchants alike
Disclaimer:
- Impossible to disclaim a written express warranty
- disclaimer of oral warranties must be specific, unambiguous, and call attention of the buyer.
2
UCC Article 2:
Implied Warranty of Title
Content:
- seller has good title and it is transferable
- No outstanding liens, encumbrances, or security interests are hidden
- If seller is a merchant, goods will be delivered free from third party claims
Disclaimer:
- Can be disclaimed by language or buyer's knowledge of title problems
- General disclaimer of warranties doesn't work
- or circumstances where buyer should have been aware there was no warranty of title (trunk of car)
3
UCC Article 2:
Implied Warranty of Merchantibility
Criteria:
- Made only by a merchant.
Disclaimer:
- must mention word "merchantibility"
- can be oral or in writing (conspicuous)
4
UCC Article 2:
Implied Warranty of Fitness for a Particular Purpose
Criteria:
- seller must expressly or by implication know the purpose or buyers use of goods AND
- buyer must rely on sellers selection or recommendation in making the purchase
Disclaimer:
- must be in writing and conspicuous
5
UCC Article 2:
Both:
Implied Warranty of Merchantibility
Implied Warranty of Fitness for a Particular Purpose
Can be disclaimed by words such as
"sold as is"
"sold with all faults"
"As they stand"
***Other warranties cannot be disclaimed w/ this wording***
6
