which of the following would not be a breach of the warranty of merchantability? course hero

What must a merchant do to disclaim an implied warranty?

need do nothing; such a warranty will not exist unless the merchant intends to create the warranty. b. must make the disclaimer orally and directly to the buyer. may disclaim the warranty with any language that is clear and conspicuous. d. None of the above. Implied warranties cannot be disclaimed.

Can Lydia Sue Karen for breach of warranty of merchantability?

a. Lydia can sue Karen for breach of the warranty of merchantability, because the stair stepper is not fit for its ordinary purpose. b. Karen can sue the manufacturer for breach of the warranty of merchantability, because she was the original buyer.

What are the characteristics of goods not subject to third party claims?

The goods are not subject to a rightful claim by a third party. The goods are merchantable. d. The goods may be returned for a refund or replaced in the event of any defect. a. notify the seller of defects within a reasonable time. b. bring any lawsuit no later than three years after the defect was discovered.

What is the difference between B and C warranty requirements?

b. requires that the seller know that the buyer is relying on the seller's expertise in selecting a product for the buyer's specific purpose. c. requires no proof of reliance in a case for breach of warranty.

What is breach of warranty of merchantability?

If a buyer can show that the car would not conform to the standards of the trade, that it was not fit for transportation or that it was mislabeled, perhaps with the wrong model or year, the buyer can show a breach of the implied warranty of merchantability.

What is an example of a warranty of merchantability?

In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to.

What is an example of breach of warranty?

For example, if a consumer tells the salesperson at the hardware store that he needs a tool that drills metal, and the salesperson recommends a particular tool that does not drill metal, the implied warranty of fitness will have been breached.

What are the elements of implied warranty of merchantability?

The elements of a breach of implied warranty of merchantability are that goods sold were unreasonably dangerous for use to which they would ordinarily be put or for some other reasonably foreseeable purpose.

What is the implied warranty of merchantability quizlet?

Terms in this set (14) 1. Implied warranty: A warranty that the law derives by implication or inference, from the nature of the transaction or the relative situations or circumstances of the parties.

What does merchantability mean?

: 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.

How do you prove breach of warranty of merchantability?

The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.

What is breach of condition and breach of warranty?

Condition vs Warranty The breach of a condition usually entitles the innocent party to lawfully terminate the contract. The breach of warranty does not entitle the innocent party to terminate the contract.

What are some examples of warranties?

There are many examples of warranties depending on the type of product a consumer is buying. Some examples may include replacing a product such as a mobile phone if it does not the way it is advertised. A consumer may also receive free repair services where a product has been damaged during use.

Which of the following is not an implied warranty?

Detailed Solution. Condition, as to free from encumbrances, is not an implied condition in a contract of sale. Conditions and warranties may be express or implied. Express conditions and warranties are which, are expressly provided in the contract.

What are 3 examples of implied warranties?

Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

What is a warranty of merchantability?

a) a warranty of merchantability. A, a wholesale distributor, sells to B, a retail dealer, a set of defective tires manufactured by X, a reputable manufacturer. Both A and B believed the tires to be in perfect condition, although neither party has inspected the tires.

What is the seller's opinion of the value of goods?

d) the seller's opinion of the value of goods. An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair, average quality is known as: a. a warranty of merchantability.