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11 Cards in this Set

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Article 2: What is the implied warranty of merchantability?
warranty that goods are fit for the ordinary purpose for which they are sold
For breach of iwm, does a sale have to occur? that is, can P who didnt buy it sue?
SALE MUST OCCUR
Breast implant providers--liable under art 2 for biwm?
No, "Predominant Thrust" was service not sale of goods
Does a seller have to be a merchant to give IWM?
YES.
What was the GOLD KIST case?
Seller can't disclaim warranties after deal is done: Seller delivered bags of feed that had conspicuous disclaimers on them but b/c they were delivered after the deal was done, they were not effective
Affirmations of fact on labels & containers: what is the rule and what is the signficance?
affirmations are EXPRESS warranties. so what?
THEY CANT BE DISCLAIMED
What must be shown in terms of injury to recover for breach of implied warranty?
Actual injury to property or person
Disclaiming Implied Warranties in SC--how?
must be specific, mention phrase, be conspicuous and unambiguous
GOLD KIST Case: can't disclaim after sale
Nonconforming goods: Rule?
Perfect tender: buyer can reject if tender is any any way nonconformoing, but...
what is a right to cure?
seller has reasonable oppy to cure nonconforming tender,
seller must advise buyer of his right to cure
Compare Rejection and Revocation of Acceptance and provide rules for both
Rejection: occurs within reasonable time after tender. B can reject nonconforming goods,
Revocation of Acceptance occurs after acceptance has occured, such as when a defect is discovered months later