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11 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Article 2: What is the implied warranty of merchantability?
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warranty that goods are fit for the ordinary purpose for which they are sold
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For breach of iwm, does a sale have to occur? that is, can P who didnt buy it sue?
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SALE MUST OCCUR
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Breast implant providers--liable under art 2 for biwm?
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No, "Predominant Thrust" was service not sale of goods
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Does a seller have to be a merchant to give IWM?
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YES.
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What was the GOLD KIST case?
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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
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Affirmations of fact on labels & containers: what is the rule and what is the signficance?
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affirmations are EXPRESS warranties. so what?
THEY CANT BE DISCLAIMED |
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What must be shown in terms of injury to recover for breach of implied warranty?
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Actual injury to property or person
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Disclaiming Implied Warranties in SC--how?
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must be specific, mention phrase, be conspicuous and unambiguous
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GOLD KIST Case: can't disclaim after sale
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Nonconforming goods: Rule?
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Perfect tender: buyer can reject if tender is any any way nonconformoing, but...
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what is a right to cure?
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seller has reasonable oppy to cure nonconforming tender,
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seller must advise buyer of his right to cure
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Compare Rejection and Revocation of Acceptance and provide rules for both
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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 |
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