BUSINESS LAW 2 QUESTION SET 3
In sales law, a warranty is an assurance by one party of the existence of a fact on
which the other party can rely.
Warranties of title do not arise in most sales contracts.
A warranty of good title means that a seller warrants that he or she has valid title
to the goods and that transfer of the title is rightful.
In sales law, there is only one type of warranty of title.
A lien is an encumbrance on a property to satisfy or protect a claim for payment
of a debt.
Promises of fact made during the bargaining process are express warranties.
A warranty against infringement is a promise by the seller that the product is free
from any patent, trademark, or copyright claims of a third person.
A seller does not have to use words such as “warrant” to make an express
Only a statement made after a contract is entered into can be an express
An expression of opinion will usually create a warranty.
If a seller is an expert and gives an opinion as an expert, then he or she usually
creates an express warranty.
Puffery creates an express warranty.
Goods must be of the highest quality possible to be merchantable.