A commendation of goods, made by seller/lessor, that does not create an express warranty.
What is statement of opinion?
100
How many tests are included in the implied warranty of fitness for human consumption and what are they?
Two. Foreign substance test and consumer expectation test.
100
A statement that negates express and implied warranties.
What is a warranty disclaimer?
200
What is another name for implied warranties implied by law?
What is Implied warranty of merchantability?
200
Sellers of goods warrant that the goods they sell are delivered free from any third-party security interests, liens, or encumbrances unknown to buyer.
What is the warranty of no security?
200
What doctrine has the concept of “let the buyer be aware”?
The doctrine of 'caveat emptor'?
200
What does the implied warranty of fitness for human consumption apply to?
Food or drink consumed on or off the premises of restaurants, grocery stores, fast-food outlets, and vending machines
200
What disclaimers must be conspicuous?
Written disclaimers.
300
Who does the implied warranty of merchantability NOT apply to?
Sales or leases by nonmerchants or casual sales?
300
This warranty includes delivered goods free from any third-party patent, trademark, or copyright claim.
What is warranty against infringements?
300
When is an Express Warranty created?
When a seller/lessor makes affirmation that goods they are selling or leasing meet certain standards of quality, description, performance, or condition.
300
What is the consumer expectation test based on?
Based on what the average consumer would expect to find in food products.
300
When is the “as is” disclaimer is most often put to use?
In sales contracts for used products.
400
These type of goods must meet a fair average or middle range of quality.
What is fungible goods?
400
How does one breach the warranty of good title?
By transfering goods without proper title.
400
Give two out of the three indications of an Express Warranty.
First, all affirmations of fact or promise made about the goods
Second, Any description of the goods
Third, Any model or sample of the goods
400
Is a food product merchantable under the foreign substance test? Explain.
No. Unmerchantable if a foreign object in that product causes injury to a person.
400
What term must be specifically mentioned in a disclaimer of the implied warranty of merchantability?
The term is "merchantability"
500
True or False: Goods do not need to be packaged or contained, only labeled.
False. They have to be all three.
500
How can the warranties of good title and no security interests be excluded or modified?
Special language. Such as “Seller hereby transfers only those rights, title, and interest as he or she has in the goods”
500
What is the amount of recoverable compensatory damages generally equal to? There are two answers.
1. The value of the goods as warranted, 2. Actual value of the goods accepted at the time and place of acceptance
500
When is the implied warranty of fitness for a particular purpose applied? Give two.
1. seller/lessor has reason to know the particular purpose for which the buyer is purchasing goods or the lessee is leasing the goods.
2. seller/lessor makes a statement that the goods will serve this purpose
3. buyer/lessee relies on the seller’s or lessor’s skill and judgment and purchases or leases the goods.
500
A federal statute that regulates written warranties on consumer products.