Chapter 18

Chapter 18 - Chapter 18 Warranties Warranties - Warranties...

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Chapter 18 Warranties Warranties - Warranties of title- Automatic in most sales contracts o Good title o No liens o No Infringement o Disclaimer of Title Warranty Express Warranties - Representations of fact about quality, condition, description of performance. - Goods must conform to model of sample o Henley vs. Phillip Morris (2004). - Warranty must be basis of the bargain. Implied Warranty - UCC/Law derives from implication of inference of circumstances. - Implied warranty of Merchantability o Merchantable Goods o Merchantable Foods - Implied warrantee of fitness for a particular purpose. Other Warranties - Overlapping for cumlative warranties - Third Party Beneficiaries of Warranties - Warrantee disclaimers o Express warranty Courts view unfavorably Must be conspicuous Buyer must be aware of disclaimer at time o Implied warrantee of fitness “As is” or “with all faults” Magnuson-Moss - Federal law to prevent deception in warranties by making them easier to understand. -
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This note was uploaded on 04/20/2008 for the course BUS 200 taught by Professor Eidson during the Spring '08 term at Quincy.

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Chapter 18 - Chapter 18 Warranties Warranties - Warranties...

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