Kubasek Business Law Chapter 25 Warranties
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| express warranty | Description of the good's physical nature or its use
either general or specific
Material term of the contract
Reliance of buyer on representations
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| Implied warranty of fitness for a particular purpose | A warranty that arises when the seller knows the purpose for which the buyer is purchasing goods and the buyer relies on the seller's judgement.
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| implied Warranty of merchantability | A warranty based on a reasonable expectation of performance. The good must:
pass without objection
be of fair quality
be fit for ordinary
have even quality
be adequately packaged
conform to promises made on the label.
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| implied warranty of trade usage | A warranty that arises as a result of generally accepted trade practices.
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| warranties of title | Passage of good title
Implied promise of no liens or judgment against title
implied promise that title is not subject to any copyright, patent, or trademark infringement.
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| Warranty | a promise on the part of the seller with respect to certain characteristics of the good.
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| implied warranties of quality | Implied warranty of merchantability
implied warranty of fitness
implied warranty of trade usage
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| Third-Party Beneficiaries of warranties Seller's Warranties may extend: | to the buyer's household members and guests.
to any reasonable and forseeable user
to anyone injured by the good.
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| Warranty disclaimers and waivers Methods of waiving: | Seller does not make warranties in the first place (express warranty)
seller disclaims in clear, unamiguous, conspicuous language (implied warranty)
Buyer fails or refuses to examine goods
Buyer fails to file suit within the statute of limitations.
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| Magnuson-Moss Act: | If a seller decides to issue a written warranty for a consumer good, the seller must indicate whether is full or limited.
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| Three basic categories of warranties: | Express
Implied warranty of title
implied warranty of quality
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