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5 Cards in this Set
- Front
- Back
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PAROLE EVIDENCE
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1.Any written/oral statements made PRIOR 2. OR ORAL STATEMENTS MADE CONTEMPORANEOUS with the contract cannot vay, add to 3 OR contradict terms of original writing.
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EXPRESS WARRANTY
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1. If there is any description of the goods, 2 which is made part of the basis of the bargain, 3there ther is an express warranty that the goods conform to descriptions (Outline pg. 40)
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IMPLIED WARRANTY OF MERCHANTABILITY
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1A warranty of merchantability is implied every sale of goods, 2 by a merchant with respect to goods of that kind.
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IMPLIED WARRANTY OF FITENESS FOR PARTICULR PURPOSE
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1.If at the time of contracting, the seller has reason to know, and, 2the buyer is relying on the seller's skill or judgment to select suitable goods, 3there is a warranty that the goods are fit for the buyers particular purpose.
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DUTY TO MITIGATE
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1 Nonbreaching party has a duty to mitigate their damages. 2. Nonbreaching party may not recover damages that were avoidable. (Types Empl.K, Goods, & construction or manu Ks)
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