BUS CH. 8

What is a breach of warranty?

If the buyer believes that there has been a breach of the implied warranty of merchantability, it is their responsibility to demonstrate that the good was defective, that this defect made the good not fit for purpose, and that this defect caused the plaintiff harm.

Describe the difference between an express and implied warranty.

An express warranty is one in which the seller explicitly guarantees the quality of the good or service sold. Typically, the vendor provides a statement, or other binding document, as part of the sales contract. In certain circumstances where no express warranty was made, the law implies a warranty. This statement means that the warranty automatically arises from the fact that a sale was made.

What is the definition of a good?

They are tangible items. "which are movable at the time of identification to the contract for sale." Therefore, the primary features of goods are that they are movable and tangible. Refrigerators, paper, and furniture are all examples of goods.

What is a warranty in a sales contract?

is a guarantee on the good that comes as part of the sales contract, but contract law treats warranties as an additional form of contract that binds the selling party to undertake a certain action. It assures the buyer that the good or service is free from defects, and it is a legally binding commitment.

What is a sales contract?

A sales contract is s specific type of contract is which one party is obligated to deliver to deliver and transfer ownership of a good to a second party, who in turn is obligated to pay for the good in money, or its equivalent.

Distinguish a shipment contract from a destination contract.

A shipment contract occurs when it is the responsibility of the seller to make the shipping arrangements and to transfer the goods to the common carrier. Under this contract, title passes to the buyer at the time of shipment, so the buyer bears the risk of loss, even when he or she has not taken possession of the goods. A destination contract occurs when the seller is required to deliver the goods to a location that is stipulated in the contract. Under this contract, title transfers when the goods are delivered, but the seller bears the risk of loss until that time.

. What source of law governs sales contracts?

B. The Uniform Commercial Code.

9. The following are possible remedies to buyers under the UCC:

Cancel the contract. Obtain Cover. Sue. D. All of the above.

All of the following are features of sales contracts except:

Cumulative.