BMGT 380 Study Guide - Midterm Guide: Strict Liability, Aerial Application, Quasi-Contract

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: William Mc Clenahan

Document Summary

Contractual: involves a product warranty-an express/implied promise about the nature of a product sold- p claim that the product failed to live up to seller"s promise. If an affirmation of fact/promise regarding the goods becomes part of the b-of the b=express warranty that the goods will conform to that promise. Assuming it becomes part of the b of the b, a sample/model of the goods to be sold creates an ew that the goods will conform to the sample/model. Value, opinion, and sales talk: statements of value/opinion or sales talk/puffery=no express warranty; if it is specific rather than indefinite, stated in the sales contract, or is unequivocal rather than hedged/qualified. Basis of the bargain: the promise have become part of the boftheb in order for an express warranty to be created. Advertisements: statements in ads can be an ew- disputes may arise if it is unclear whether or to what degree the statement induced the buyer to make the promise.