Topic 1: Contracts: UCC Implied Warranties
1) Introduction
In contracts, buyers and sellers need to pay attention to all types of warranties. Warranties give the rights to either the buyer or seller and state things like how long the item should work, how well it should work, etc. A warranty that is not always in writing but is understood is an implied warranty.
2) Summary of law on topic
Implied warranties are warranties that are assumed and automatically take place due to operation of law. Implied warranties can either be of merchantability or of fitness for a particular purpose. For an implied warranty of merchantability, the warranty arises when there is a sale of goods by a merchant seller. The warranty states the goods are fit for their …show more content…
An implied warranty is simply stating that the product can be used for its purpose, like a lawn mower can cut grass. This warranty is in addition to any already written and oral warranties. Even if there is a statement that says no warranties on the package, implied warranties are always applied.
The case that I found was from dairy farmer who had purchased alfalfa hay to feed her herd. The Plaintiff had purchased the first and second cutting alfalfa hay from the same seller. Both cuttings looked the same as they were net wrapped and large round bales. The first cut alfalfa hay seemed to not affect her cattle but the second cutting did. Many of her herd became sick and resulted in death, miscarriages, reduced milk production, and reduced fertility rates. The Plaintiff then had the hay tested where it was found to have aflatoxin, which is what made the cows sick. The Plaintiff then charged the seller for selling her feed due to an implied warranty of fitness for consumption (Watts vs. Sechler, …show more content…
An implied warranty is a warranty that is understood but is not stated. The meaning of it is that it should perform the task that it is intended for.
Topic 2: Property: Adverse Possession of Land
1) Introduction
Adverse possession is an interesting concept, where an individual can gain ownership of land, just by residing on it without the owner knowing. The purpose of this is to ensure that the original owner of the land is not neglecting his or her property.
2) Summary of law on topic
Adverse possession is a method of acquiring title to real property by possession for a statutory period under certain conditions. The adverse possessor can obtain the title to the property if requirements are met. In order to obtain adverse possession, one must actually enter on some part of the land. The entry must also be done in a visible manner but without permission of the owner. Adverse possessor must also have continuous, uninterrupted possession. The possession must be exclusive, meaning that the property owner can not use the property during this statutory period. The statutory period varies based on state law, but is 20 years in South
1) Introduction
In contracts, buyers and sellers need to pay attention to all types of warranties. Warranties give the rights to either the buyer or seller and state things like how long the item should work, how well it should work, etc. A warranty that is not always in writing but is understood is an implied warranty.
2) Summary of law on topic
Implied warranties are warranties that are assumed and automatically take place due to operation of law. Implied warranties can either be of merchantability or of fitness for a particular purpose. For an implied warranty of merchantability, the warranty arises when there is a sale of goods by a merchant seller. The warranty states the goods are fit for their …show more content…
An implied warranty is simply stating that the product can be used for its purpose, like a lawn mower can cut grass. This warranty is in addition to any already written and oral warranties. Even if there is a statement that says no warranties on the package, implied warranties are always applied.
The case that I found was from dairy farmer who had purchased alfalfa hay to feed her herd. The Plaintiff had purchased the first and second cutting alfalfa hay from the same seller. Both cuttings looked the same as they were net wrapped and large round bales. The first cut alfalfa hay seemed to not affect her cattle but the second cutting did. Many of her herd became sick and resulted in death, miscarriages, reduced milk production, and reduced fertility rates. The Plaintiff then had the hay tested where it was found to have aflatoxin, which is what made the cows sick. The Plaintiff then charged the seller for selling her feed due to an implied warranty of fitness for consumption (Watts vs. Sechler, …show more content…
An implied warranty is a warranty that is understood but is not stated. The meaning of it is that it should perform the task that it is intended for.
Topic 2: Property: Adverse Possession of Land
1) Introduction
Adverse possession is an interesting concept, where an individual can gain ownership of land, just by residing on it without the owner knowing. The purpose of this is to ensure that the original owner of the land is not neglecting his or her property.
2) Summary of law on topic
Adverse possession is a method of acquiring title to real property by possession for a statutory period under certain conditions. The adverse possessor can obtain the title to the property if requirements are met. In order to obtain adverse possession, one must actually enter on some part of the land. The entry must also be done in a visible manner but without permission of the owner. Adverse possessor must also have continuous, uninterrupted possession. The possession must be exclusive, meaning that the property owner can not use the property during this statutory period. The statutory period varies based on state law, but is 20 years in South