BUS 205 Lecture Notes - Lecture 44: Implied Warranty
Document Summary
Contractual assurance that goods will meet certain standards. One that the seller creates with his words or actions. Written (the only one that cannot be disclaimed) Statement that a particular warranty does not apply. This is the class that my computer died before starting. Are created by the code itself, not by any act or statement of the seller. Goods are fit for the ordinary purposes for which they are used. Merchant with respect to goods of that kind. Implied warranty of fitness for a particular purpose. Knows about a particular purpose for which the buyer wants the goods. Knows that the buyer is relying on the seller"s skill and judgement. Code provides stronger protection for consumers than for business. A statement that a particular warranty does not apply. By "sold as is" or "any oral promises are disclaimed" statements. May be disclaimed, but must use word "merchantability" and the disclaimer must be conspicuous.
