BLAW 430 Lecture Notes - Lecture 18: Uniform Commercial Code, Implied Warranty, Security Interest
Document Summary
Warranty: a contractual promise by a seller that the goods sold conform to certain standards, qualities, or characteristics; governed by the uniform commercial code (state by state law). The seller must (a) make a representation of fact or a promise regarding the goods; or (b) provide a description of the goods; or. Furnish a sample or model of the goods; and. The representation, description, or sample must be part of the basis of the bargain that was made. Implied warranty of merchantability: a seller who is a merchant in the type of goods being sold implicity warrants that the goods are fit for the ordinary purpose for which they are being sold. Not limited to the manufacturers but to any merchant who sold the goods. Disclaimer of warranties by a seller: warranty of title: can be disclaimed only by specific language in the contract, express warranties: no way to disclaim, so just don"t make them in the first.
