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10 Cards in this Set
- Front
- Back
Warranty
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creates a duty on the part of the seller to ensure that the goods he sells will confirm to certain qualities, characteristics, and conditions
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Warranty Action (4)
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1. Warranty existed
2. Breached 3. Caused suffering 4. Warranty given to seller |
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Express
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any affirmation of fact or promise from seller to buyer. Dangerous and defective
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Express 4 needs
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o Affirmation
o Promise o Description o Sample |
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Implied Breach (5)
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o Merchant sold goods
o Not merchantable o Resulted in defective nature of goods o Injury or property damage resulted o Buyer gives notice to seller immediately |
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313- Merchantability
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provides that the goods are reasonable fit for the ordinary purposes, which they are used.
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• 315- Fitness of particular purpose-
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the buyer knows the seller purpose and is relying on their expertise or judgment. It is void if the buyer insists on particular product
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• Strict Liability
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A merchant seller is respsonsible for personal injury or property damage that results from a defective or unreasonably dangerous product to the consumer
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Failure To warn
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The seller has the duty to give adequate warning of danger use of the produce, directions for safe use of the product, and package it safely
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Misuse
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Occurs when a buyer knowingly uses a sellers product in an inccorect dangerous manner
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