Warranties

Question 1

Express: how arise, by whom, disclaimer

Answer 1

By affirmation of fact, promise, description, model or sample

any seller

cannot disclaim

Question 2

Implied: Warranty of title (title is good, transfer rightful, no liens or encumbrances)

Answer 2

By sale of goods

any seller

disclaim: by specific language or circumstances showing seller does not claim title

Question 3

Implied: Warranty of merchantability (fit for ordinary purpose)

Answer 3

By sale of goods of the kind regularly sold by the merchant

merchant only

disclaim: by disclaimer mentioning “merchantabiliuty” (if written disclaimer, it must be conspicucois “as is” languauage)

Question 4

Implied: Warranty of Fitness for particular purpose (fit for buyers particular purpose

Answer 4

by sale of goods where seller has reason to know of particular purpose and of buyers reliance on seller to choose suitable goods

any seller

disclaim: by conspicuois written disclaimer (as is language)