Commercial Transactions - 2-19

Commercial Transactions - 2-19 - Product Liability Warranty...

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Product Liability Warranty of Title - 2-312 (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that: o The title conveyed shall be good, and its transfer rightful o The goods shall be delivered free from any security interest or lien - Express Warranty: o Any affirmation of fact made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain create an express warranty that the goods shall conform to the affirmation/promise. o Seller does not need to say “warrant” or “guarantee” o “Puffing” does not create a warranty. “This car is the best car out there” does not mean you can sue if you find out that it is not actually the best part out there. o “Basis of the bargain” Knowledge of the statement of fact is necessary Reliance not necessary o Examples: Statement on packaging Statement in advertising Belden v. AEC - Issue –Did the warranty extend to 2003? - Holding –The warranty extended to 2003 unless limited in time, Belden communicated it would not comply with the standards, or AEC abandoned the standards –none of which occurred.
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  • Spring '13
  • Prof.NormanBerle
  • Implied warranty, Belden

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