Warranties - Warranties, Product Liability and Consumer...

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Warranties Warranties of Title The UCC (Uniform Commercial Code) provides for the following warranties of title: 1. Good title---A seller warrants that he or she has the right to pass good and rightful title to the goods. 2. No liens-----A seller warrants that the goods sold are free of any encumbrances (claims, charges, or liabilities—usually called liens. A lessor warrants that the lessee will not be disturbed in his or her possession of the goods by the claims of a third party. 3. No infringements---A merchant seller warrants that the goods are free of infringement claims (claims that a patent, trademark, or copyright has been infringed) by third parties. Lessors make similar warranties. Seller does not have to use formal words such as “warranty” or “guaranty” UCC requires that the statement or the sample be the “basis for the bargain” Express Warranties 1. Under the UCC---An express warranty arises when a seller or lessor indicates, as part of the basis of the bargain, any of the following: a. An affirmation or promise of fact. b. A description of the goods. c. A sample shown as conforming to the contract goods. Implied Warranty of Merchantability When a seller or lessor is a merchant who deals in goods of the kind sold or leased, the seller or lessor warrants that the goods sold or leased are properly packaged and labeled, are of proper quality, and are reasonably fit for the ordinary purposes for which such goods are used. Webster v. Blue Ship Tea Room, Inc.
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This note was uploaded on 03/30/2008 for the course B A 241 taught by Professor Hippo,charlesway during the Fall '08 term at Pennsylvania State University, University Park.

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Warranties - Warranties, Product Liability and Consumer...

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