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