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18 Cards in this Set

  • Front
  • Back
What are two constructive warranties?
1) Title (merchancy irrelevant)
2) Infringement (only by merchant)
Warranty of Title
[constructive] Applies to anyone whoe sells goods warrants that he has title to the goods: there must be 1) warranty 2) breach of that warranty 3) recovery of money

as a seller of goods you may disclaim title
Warranty of Infringement
[constructive] only applies to merchants - UCC s. 312(3)
You warrant that the goods does not violate trademark infringement & so forth
What are the two implied warranties?
1) Warranty of Merchantability
2) Warranty of fitness for a particular purpose
Implied Warranty of merchantability
Better than absolute liability; applies to merchants; you warrant that the good is fit for ordinary purpose
can you recover if the shoes that you bought from Macys start dissolving in the rain? Under which warranty theory can you do so?
Under warranty of merchantability - ordinary shoes should not dissolve in the rain
can you recover if you find foreign objects in your coke? Under which warranty theory can you do so?
Under Warranty of Merchantability - this applies to food. It is not fit for the ordinary purpose of human consumption.
Can you recover if a nutcase buys tylenol, opens with a raser, and puts poison in the pills?
yes, under warranty of merchantability; (not neligence, or product liability)
Did you breach the warranty of merchantability if you are merely in the business of providing soup; and the Campbell's soup that you use causes an illness?
Did you breach the warranty of merchantability if you are merely in the food business, and the salt has problems, although you are not in the business of serving the salt?
Yes, this applies even to water fountain that is not laid out w/the food.
Breach of warranty of merchantability if you find a chickee bone in a chicken salad/soup and it harms you?
What if you find fish bones in fish chowder?
no, you should expect that ordinarily you will find it
What about if you find chicken bones in a fish chowder?
Yes, ordinarily you would not find chicekn bones in fish chosed.
What is the implied warranty of fitness for particular purpose?
Merchancy irrelevant; 1) buyer has a particular prupose; 2) seller has reason to know 3) buyer relying on seller to select or furnish such -- ie computer
What are express warranties? are there exception for these warranties?
Affirmation of fact; you are not responsible for mere "puffing"
What is "puffing" for the purpose of disclaiming an "express warranty"
allowable commendations:
what are examples of allowable "puffing"?
Yes - pretty, great, you'll love it , this cow is as sound as a dollar, this horse "will be" a stud, "virgin" sheep, suckers have been treated,
What does not constitute "puffing"
- horse is a stud (abt gay horse),