which of the following is true of exclusion of implied warranty of merchantability? course hero

Is IWFPP narrower than IWM?

Can a seller warrant that his goods are adequately contained?

Who has reason to know the buyer's particular purpose?

Is fish bones in chowder normal?

Does negligence matter for IWM?

Do you need to have additional bargaining to modify a bargain under the sale of goods?

See 3 more

About this website

What is the implied warranty of merchantability?

An implied warranty of merchantability is defined in U.C.C. § 2-314. U.C.C. § 2-314(1) states that unless excluded or modified, a warranty that goods shall be merchantable is implied in a contract for sale if the seller is a merchant with respect to goods of that kind.

Can you exclude warranty of merchantability?

To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: (1) expressly identifies “merchantability” or (2) includes an expression stating that the goods are sold “as is” or “with all faults.”

What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?

implied warranties The implied warranty for fitness for a particular purpose (which obviously differs from the ordinary purpose standard of the warranty of merchantability) applies when a buyer relies on the seller's skill or judgment in choosing a product for a particular purpose and when the seller knows…

Does an implied warranty of merchantability arise automatically?

As indicated above, the implied warranty of merchantability automatically comes with the sale of goods if the seller is a professional (a merchant) with respect to the kind of good being sold who has not excluded or modified the implied warranty of merchantability.

What does implied merchantability mean?

Merchantability. The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability. This warranty makes the assumption that a good or product works for its intended purpose.

Can you disclaim the implied warranty of merchantability?

The Uniform Commercial Code (UCC) permits sellers of goods to disclaim the implied warranty of merchantability. The UCC requires the disclaimer to be in conspicuous type. The disclaimer must expressly include the term "merchantability," as well.

What are the implied warranties of title merchantability and particular purpose?

An implied warranty of merchantability applies when someone buys goods from a merchant. To be merchantable, goods must be fit for their ordinary purpose and pass without objection in the trade under the description; see U.C.C. § 2-314.

What are implied conditions and implied warranties in a contract of sale?

Implied conditions and warranties are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary. In case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.

What is the warranty of merchantability quizlet?

Unless properly disclaimed, a seller who is a merchant as to the goods sold passes an implied warranty merchantability. This warranty is implied by law. (1) This warranty guarantees that the goods are fit for the ordinary purpose for which they are sold. (2) The goods must be adequately contained, packaged and labeled.

Which of the following is an example of an implied warranty?

An implied warranty is a lot like an assumption. For example, when you buy a new car from a car dealer, the implied warranty is that the car works. When you order a hamburger at a restaurant, it comes with the implied warranty that it is edible.

Does implied warranty of merchantability apply to non merchants?

Warranties generally exist in contracts for the sale of goods. The UCC provides for both express and implied warranties of goods sold by both merchants of those types of goods and non-merchants. Express warranties and implied warranties of merchantability, title, and fitness are discussed further below.

What does merchantability mean?

of commercially acceptable qualityLegal Definition of merchantable : of commercially acceptable quality : characterized by fitness for normal use, good quality, and accord with any statements or promises made on the packaging or label merchantable goods — see also implied warranty and warranty of merchantability at warranty sense 2a.

What warranties Cannot be disclaimed?

Disclaimers are typically accomplished through conspicuous language regarding merchantability or "as is" language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.

Can you waive a warranty?

Generally speaking, the manufacturer warranties that the product is free of defects and agrees to incur the cost of repairing the product, if necessary, for a certain amount of time. If the warranty is not going to be honored by the manufacturer or seller, it is waived by the seller.

Can implied warranties be waived?

The court conclusively determined and held that “a new home buyer cannot waive – and a builder cannot disclaim – the implied warranty of workmanship and habitability.

Can you disclaim warranty of title?

A warranty of title also exists for the sale of goods (or a lease warranty for use and possession). Although the warranty is implicitly conveyed with the sale of the good, it is not identified as an implied warranty and may be disclaimed by a clearly communicated writing.

Solved True or False: a) The implied warranty of fitness | Chegg.com

True or False: a) The implied warranty of fitness for a particular purpose is sometimes referred to as fitness of merchantability. b) A sales contract for goods of special design, construction, or manufacture is a contract for labor and materials.

Business law Chp 13,14,15 Flashcards | Quizlet

Start studying Business law Chp 13,14,15. Learn vocabulary, terms, and more with flashcards, games, and other study tools.

Solved QUESTION 1 1 points Sqve Ansar An unpaid seller has - Chegg

Transcribed image text: QUESTION 1 1 points Sqve Ansar An unpaid seller has no right to stop goods in transit and order the carrier to hold them for the seller. True QUESTION 2 1 points Save Answer Title to goods shipped free on board destination passes before the goods are delivered to the buyer.

Who has reason to know the buyer's particular purpose?

Seller has reason to know the buyers particular purpose and has to have reason to know that the buyer is relying on sellers skill or judgement in selecting the goods

Do you need to have additional bargaining to modify a bargain under the sale of goods?

You don't need to have any additional bargain/consideration to modify a bargain under the sale of goods.

Does negligence matter for IWM?

No. Negligence doesn't matter for IWM. It doesn't matter the duty of care that you took in trying to comply.

Can a seller warrant that his goods are adequately contained?

Yes. A seller warrants that his goods are "adequately contained, packages, ..."

Is IWFPP narrower than IWM?

The court in Soaper v. Hope Industries (South Carolina) found this to be the case. However, IWFPP is narrower than IWM and there are issues with commingling the two.

Can a seller warrant that his goods are adequately contained?

Yes. A seller warrants that his goods are "adequately contained, packages, ..."

Who has reason to know the buyer's particular purpose?

Seller has reason to know the buyers particular purpose and has to have reason to know that the buyer is relying on sellers skill or judgement in selecting the goods

Is fish bones in chowder normal?

The ct. found that having fish bones in chowder is normal (passes in the trade) and therefore the ct. found no breach.

Does negligence matter for IWM?

No. Negligence doesn't matter for IWM. It doesn't matter the duty of care that you took in trying to comply.

Do you need to have additional bargaining to modify a bargain under the sale of goods?

You don't need to have any additional bargain/consideration to modify a bargain under the sale of goods.