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10 Cards in this Set

  • Front
  • Back
Warranty
creates a duty on the part of the seller to ensure that the goods he sells will confirm to certain qualities, characteristics, and conditions
Warranty Action (4)
1. Warranty existed
2. Breached
3. Caused suffering
4. Warranty given to seller
Express
any affirmation of fact or promise from seller to buyer. Dangerous and defective
Express 4 needs
o Affirmation
o Promise
o Description
o Sample
Implied Breach (5)
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
313- Merchantability
provides that the goods are reasonable fit for the ordinary purposes, which they are used.
• 315- Fitness of particular purpose-
the buyer knows the seller purpose and is relying on their expertise or judgment. It is void if the buyer insists on particular product
• Strict Liability
A merchant seller is respsonsible for personal injury or property damage that results from a defective or unreasonably dangerous product to the consumer
Failure To warn
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
Misuse
Occurs when a buyer knowingly uses a sellers product in an inccorect dangerous manner