Express warranties are those that originate from the words or actions of the seller. The seller does not have to use the words warranty or guarantee and the buyer does not have to show that the seller intended to do so. But, if there is an affirmation of a promise, a description of the goods, or a sample model, there is a contractual obligation for a warranty. Implied Warranties of Fitness for a particular purpose: The UCC also creates liability when a seller breaches the warranty of fitness for a particular purpose. When a seller knows or has reason to know that a buyer needs a product for some specific use, and that the buyer will rely on the seller's recommendation or expertise, this type of warranty is created. The issue is illustrated in Dempsey v. Rosenthal . Warranties of title also exist automatically for most sales of goods. These warranties guarantee that items sold have not been stolen and are not encumbered by security interests.
Sometimes, multiple warranties apply to the same sale. They are often cumulative, or all applicable at once. When courts must choose among conflicting warranties, they try to determine the intent of the parties and follow the guidelines detailed in the reading assignment. Sellers might often disclaim, or disavow, warranties (less exposure to liability is generally a good thing). While it is extremely difficult to disclaim express warranties, implied warranties can often be limited. A seller can disclaim some warranties verbally and even more types in writing. A buyer's examination of goods can create a disclaimer. Trade usage can do the same. The text spells out the requirements for an effective disclaimer. **Warranties are cumulative if multiple exist. If two warranties are in conflict and cannot be give effect, the court must attempt to determine the intent of the parties as to which warranty should prevail. The rules are not absolute and can be disregarded by the court if they produce an unreasonable result. When a warranty exists and is breached, an injured person or firm can sue for damages. Because these cases are brought under contract law, plaintifs can seek compensatory but not punitive damages . As with any type of case, defendants can sometimes avoid liability by successfully raising a valid defense, such as the statute of limitations has run out. When you read the section "limitations on damages," compare the specific types described to those we covered in Unit 4 on tort law. A final idea related to torts is negligence. Negligence is sometimes more appealing to plaintiffs than warranty law. Applying those ideas to the issue at hand, sellers have a duty to use reasonable care when selling, and may have additional responsibilities. They may breach their duties by failing to warn consumers of foreseeable dangers, or if products are carelessly manufactured or designed. Disclaimers that can end implied warranty obligations usually do not prevent a negligence lawsuit, and so negligence can create an alternate legal path for a plaintiff to follow. But in some cases, proving all elements of
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