Warranties Concepts
The implied warranty which ensures that goods transferred are free from liens or encumbrances
What is the implied warranty of title?
What is will be a final term of the contract?
(1) ___________ states that an offer by a merchant to buy or sell goods in a signed writing, which by its terms gives assurance that it will be held open, will not be revocable for lack of consideration during the time stated, or if no time is stated, for a reasonable time, but not to exceed (2) ______
What is (1) the firm offer rule/2-205 and (2) three months/90 days?
Buyer emailed a purchase order to Seller on March 29 for 100 tennis rackets from a specified brand. On March 30, Seller emailed back that it had shipped 100 tennis rackets from a different brand as an accommodation because the brand Buyer requested no longer manufactured tennis rackets. Buyer received the tennis rackets on April 2, and after inspecting them, emailed Seller to say that the tennis rackets were acceptable. The contract was formed on ...
What is April 2?
Emily's middle name
What is Christine?
Statements made by sellers about goods that buyer does not or should not rely on when making a purchase because they're vague or promotional
What is puffery?
Seller orally agreed to sell 50 desk chairs to Buyer for $5,000. Seller sent a confirmation to Buyer the next day, which conspicuously stated "Seller hereby disclaims all implied warranties." Buyer received the confirmation and filed it away. Two weeks later, Buyer received the desk chairs and discovered they were significantly nonconforming, rendering all of the desk chairs useless. Buyer may bring a claim of breach for ...
What is the implied warranty of merchantability?
Goods must (1) ________ to be identified, but do not have to (2) _________
What is (1) exist and (2) conform to the contract requirements?
Squeegee Patten Boggs was having difficulty finding qualified attorneys to work for them, because most law schools cannot afford to purchase the materials necessary to teach students. The firm's CEO wrote a letter to Dean Klein, offering to purchase 300 Barbri prep courses for Wake Forest. Dean Klein received the offer and immediately mailed a letter accepting the CEO's offer. Two weeks later, the CEO sent another letter to Dean Klein stating that Squeegee was in financial crisis and could no longer afford to purchase the prep courses. Dean Klein decided to bring a breach of contract action against Squeegee. Who will prevail?
Dean Klein!
The three documents which may memorialize a contract under 2-202
What are (1) confirmatory memoranda, (2) final expressions, and (3) complete and exclusive statements?
A merchant seller sold goods that were not merchantable at time of sale, the defect caused damage to the buyer, the damage was proximately caused by the defective nature of the goods, and the buyer timely notified the merchant seller of the breach
What are the elements of a breach of implied warranty of merchantability claim?
Seller agreed to sell Buyer a wheelbarrow that had been kept in Seller's garage for over a year. In the advertisement for the wheelbarrow, Seller included that the measurements of the handles was 24 inches. Relying on that measurement, Buyer agreed to purchase the wheelbarrow sight unseen. After picking the wheelbarrow up from Seller's garage, Buyer returned home to find that the wheelbarrow did not fit in his garage, as the handles were actually 28 inches long. Buyer elected to keep the wheelbarrow, but wants to pursue a breach of warranty action against the Seller. Buyer may argue that an express warranty arose due to ...
What is Seller's affirmation of fact?
Terms which would result in (1) __________ will be considered (2) _________ under 2-207
What is (1) surprise or hardship and (2) materially altering?
Sarah steals a truck from a dealership. Sarah then sells the truck to Hank for $5,000, but unbeknownst to Sarah, Hank used a bad check. Hank then gifts the truck to AJ for his birthday. AJ, who needed some extra cash, sold the truck to Sam for $1,000. Sarah finds out that the check was bad and tracks down Hank to get the truck back. Upon finding that Hank gifted the truck to AJ, Sarah goes to AJ's house to get the truck back. AJ informed Sarah that he sold the truck to Sam. Will Sarah be able to recover possession of the truck from Sam?
Yes! Because Sarah had void title, she has a right of possession superior to everyone except the dealership - even a bona fide purchaser such as Sam.
Emily's parents' names
What are Laura and Mike?
A transferor with this kind of title can vest good title in a bona fide purchaser for value
What is voidable title?
Buyer purchased 100 jars of olives from Seller. Customary in the trade of olive packaging is that roughly 2 out of every 100 jars will turn slightly discolored after the jarring process. Upon opening the boxes of jars, Buyer noticed that nearly half of the jars were discolored. Buyer would have a breach claim under section ...
What is 2-314(2)(a)?
Rejection must be both (1) ________ and (2) _________, meaning that it must conform to section (3) __________ of the code
What is (1) procedurally effective, (2) substantively rightful, and (3) 2-602?
A hardware store orders and receives 100 lawnmowers from a manufacturer, which guarantees that the lawnmowers are "defect-free." Buyer purchases a lawnmower at the hardware store, which also displays a sign stating that the lawnmowers are "defect-free." When Buyer mowed her lawn, a defective piece of the lawnmower came dislodged and injured her neighbor's child, who was in Buyer's yard playing with her children. Assuming Buyer lives in an Alternative A jurisdiction, the neighbor may recover against ...
What is the hardware store?
The five exceptions to the statute of frauds
What are (1) the merchant confirmation exception, (2) the specially manufactured goods exception, (3) the admissions exception, (4) the past performance exception, and (5) promissory estoppel?
The three ways in which an express warranty may arise
What are (1) seller's affirmation of fact or promise, (2) any description that is part of the basis of the bargain, or (3) any sample or model made part of the basis of the bargin?
Buyer agrees to purchase a motorcycle from Seller, the owner of a motorcycle dealership. Prior to making the sale, Seller told Buyer that the motorcycle was one of the fastest on the market, reaching speeds of over 50 MPH in less than a second. Seller also told Buyer that he personally owned the same motorcycle for over a year and it has held up great. After owning the motorcycle for approximately 3 months, Buyer noticed that despite running great, in all the time he had owned the motorcycle it never made it to 50 MPH in less than a second - it always took 3 seconds or longer. Buyer can likely sue Seller for breach of ...
What is breach of express warranty?
If a buyer is aware of (1) __________ at the time of contracting, he cannot sue for breach of warranty of (2) _____________
What is (1) an encumbrance and (2) title?
Buyer, who hosts a talk show, entered into a contract with Seller, who sells mini cocktails. Buyer was filming an episode on horse racing traditions, and wanted to give away 2,000 12-oz mini bottles of mint juleps. The written contract stated that Seller was to deliver 2,000 bottles on May 1, for the show to be filmed on May 3.
Seller delivered the bottles on April 30. The bottles arrived in 10 crates of 200 bottles each. Buyer opened one crate upon delivery and found that it contained 200 conforming bottles. On the morning of May 1, Buyer opened the remaining crates, finding that 5 out of the 9 remaining crates contained 200 8-oz bottles rather than 12-oz. Buyer immediately emailed Seller rejecting all 10 crates. Seller insisted that Buyer allow them to cure the nonconforming delivery, but Buyer insists that she effectively rejected the bottles. Who will prevail?
Buyer, because she effectively rejected the nonconforming goods
When and where Emily was born
What is June 28, 1999 in Harrisburg, PA?