Chapter 23 Warranties

Deidre buys a dress after telling the sales clerk that she plans to wash it in a washing machine. The clerk replies, "That's fine. This material is washable." Deidre washes the dress in her washing machine and the dress shrinks. What warranty was made?

A warranty of fitness for particular purposes has been created

Scott steals a diamond ring from a jewelry store and sells it to Maria after telling her his mother gave it to him. What warranty was made?

Scott breached the warranty, which was an implied warranty of title

If a store clerk says that the shoes that you buy are 100% authentic and won't get have loose stitching but it did anyways, what warranty was breached and what did the store clerk do?

The store clerk was puffing at the customer and eventually broke the implied warranty of fitness for a particular purpose

disclaimer

a clause or statement in a contract or agreement that limits responsibility for anything not expressly promised

warranty

a promise or guarantee made by a seller that goods offered for sale are not defective and will perform properly.

warranty of fitness for a particular purpose

a seller's promise, implied by law, that the item sold will meet the buyer's stated purpose

express warranty

a statement of fact or a demonstration concerning the quality or performance of goods offered for sale

puffing

an exaggerated statement or advertisement as to the desirability or reliability of a product or service

warranty of merchantability

an implied promise that the item sold is of at least average quality for that type of item

Trina orders a book from a bookstore's website. The website says "Hardcover Edition, $12.95," and includes a picture of the book's cover. Five days later, Trina receives the paperback edition of the book. What warranty has been created?

express warranty

Trina orders a book from a bookstore's website. The website says "Hardcover Edition, $12.95," and includes a picture of the book's cover. Five days later, Trina receives the paperback edition of the book. What warranty was breached?

express warranty

A salesperson tells Neva, "This is the finest digital camera on the market. It will last for years." Eight months later, the button that advances the photos stops working. What warranty has been created?

implied Warranty of Merchantability

Ned buys a new sofa from a furniture store. One of the legs falls off two weeks after delivery. What warranty has been created?

implied Warranty of Merchantability

Scott steals a diamond ring from a jewelry store and sells it to Maria after telling her his mother gave it to him. What warranty was created?

implied Warranty of Title, which was breached

Juan sells Terri his used car. As Terri drives home, the car breaks down. The cost of fixing the car is greater than the sale price. What warranty was made?

no warranty created here

Implied warranties apply only to

products sold by dealers of that product

Words and phrases such as "it will last for years" are considered what?

puffing

To learn what is all covered on your warranty you should?

read the entire warranty carefully

strict liability

the legal responsibility for damage or injury even if you are not negligent

If the seller does not live up to the promises made in the warranty

the sales contract has been breached

warranty of title

the seller's promise that he or she owns and may transmit title to the item being offered for sale

implied warranty

the unwritten minimum standard of quality the law requires of products offered for sale

A computer game must play, a saw must cut, and a freezer must keep food frozen. These are examples of?

warranty of Merchantability