Preview

questionnaire

Powerful Essays
Open Document
Open Document
3361 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
questionnaire
Section 3. – Warranties and Conditions
Art. 1545. Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first mentioned party may also treat the nonperformance of the condition as a breach of warranty.
Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept and pay for the thing. COMMENT:
Presence of Conditions and Warranties (a) Conditions may be waived. (b) Conditions may be considered as warranties.
Art. 1546. Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchase the thing relying thereon. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer.
COMMENT.
(1) When is There a Warranty?
A good test:
(a) If buyer is ignorant, there is a warranty.
(b) If the buyer is expected to have an opinion AND the seller has no special opinion, there is no warranty. (Spencer Heater Co. v. Abbot, 91 N.J.L-594, 104 Atl. 91). (2) Effect of Dealer’s Talk
Dealer’s talk like “excellent,” cannot be considered as an express warranty. A little exaggeration is apparently al- lowed by the law as a concession to human nature. This is in accordance with the civil law maxim “simplex commendatio non-obligat” or the principle

You May Also Find These Documents Helpful

  • Good Essays

    This became the basis of the bargain because she purchased the boat because of it. Sandra can therefore, bring a breach of express warranty, An Implied warranty of merchantability of goods is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. In order for the goods to be merchantable they must be fit for the ordinary purposes of which such goods are used. The implied warranty of merchantability applies to a seller of used goods as well but the warranty is not as expansive because it is used.…

    • 1063 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Were courts to routinely enforce such disclaimers as this, I believe that sellers everywhere would quickly adopt liability releases as standard contract which would have the effect of nullifying the entire law of tort, and leave unsuspecting consumers at the mercy of the unscrupulous. Also under the federal Magnuson warranty act, a seller that provides a limited written warranty is prohibited from disclaiming the provisions of any implied warranty, during the period in which the limited warranty is in force. The Magnuson-Moss Warranty Act is a federal statute that regulates written warranties on consumer products (LAWLIBRARY). The Magnuson-Moss Warranty Act does not require a seller or lessor to make an express written warranty. However, sellers or lessors who do make express warranty are subject to the provisions of the act. (Cheeseman). The seller created a limited warranty concerning the repair and replacement of defective parts, but the seller cannot disclaim the implied warranty of UCC 2-314, which requires that the vehicle be fit for the ordinary purposes for which the goods are used. The sales contract unreasonably favors the dealer, because it permits the avoidance of any effort to ensure the vehicle 's safety to an ordinary consumer prior to resale. The buyer was simply driving the vehicle…

    • 610 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Purchaser's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Purchaser.…

    • 912 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Plaintiff V. Case Brief

    • 353 Words
    • 2 Pages

    Defendant sold the car “as is” and did not offer a warranty, only the option to purchase a service plan agreement through a third party, which did not cover any prior damage. Furthermore, Plaintiff did not invoke the service plan, but submitted a claim through his automotive insurance carrier. Additionally Plaintiff cancelled the service plan agreement and received a pro-rated refund. Sufficient evidence was not produced to show genuine issue of material fact existed or that the defendant breached the service…

    • 353 Words
    • 2 Pages
    Good Essays
  • Good Essays

    9 2 work file 1 rs

    • 575 Words
    • 3 Pages

    A. If a car cannot be repaired during the warranty period, is the defective car considered a lemon?…

    • 575 Words
    • 3 Pages
    Good Essays
  • Better Essays

    FACTS: Peter and Tanya Rothing operated Diamond R Stables near Belgrade, Montana, where they bred, trained and sold horses. Arnold Kallestad owns a ranch in Gallatin County, Montana, where he grows hay and grain, and raise Red Angus cattle. For more than twenty years, Kallestad has sold between 300 and 1,000 tons of hay annually, sometimes advertising it for sale in the Bozeman Daily Chronicle. In 2001, the Rothing’s bought hay from Kallestad for $90 a ton. They received a delivery on April 23. In less than two weeks, at least nine of the Rothings’ horses exhibited symptoms of poisoning that was diagnosed as botulism. Before the outbreak was over, nineteen animals died. Robert Whitlock, associate professor of medicine and the director of the Botulism Laboratory at the University of Pennsylvania concluded that the Kallestad’s hay was the source. The Rothing’s filed a suit in a Montana state court against Kallestad, claiming in part, breach of the implied warranty of merchantability. Kallestad asked the court to dismiss the claim on the grounds that, if botulism had been present, it had been in no way foreseeable.…

    • 841 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Unit 14 P6

    • 132 Words
    • 1 Page

    All consequences of the breach of the condition are deemed to be sufficiently serious to justify termination. The buyer cannot terminate the contract if the non-conformity is a minor defect and slight breach. Slight breach is treated as a breach of warranty in the business sales contract. Slight breach is the breach when the conse-quences of breach do not go to the root of the contract or detriment the purpose of the contract. If the buyer accepts the goods there is no right of termination because termi-nation remedy required…

    • 132 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Of satisfactory quality; covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale…

    • 505 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Business Law

    • 991 Words
    • 4 Pages

    2. Does the phrase “AS IS” mean a seller has disclaimed all implied warranties? 281…

    • 991 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Business Law

    • 359 Words
    • 2 Pages

    No, the buyer is given the opportunity to inspect the goods. If problems arise over “in accordance with the contract” usage of trade, the course of dealing and performance and general circumstances must be given consideration to help determine the meaning of these words (UCC 2-302). If the goods or the delivery fails to conform to the contract, there is no duty on the part of the buyer to accept or pay.…

    • 359 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Quiz 2

    • 592 Words
    • 4 Pages

    11. In practice, a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose.…

    • 592 Words
    • 4 Pages
    Good Essays
  • Good Essays

    business law

    • 371 Words
    • 2 Pages

    A court would not enforce the promise. If the terms of the contract express such uncertainty of performance that the promisor has not definitely promised to do anything, the promise is said to be illusory – without consideration and unenforceable.…

    • 371 Words
    • 2 Pages
    Good Essays
  • Good Essays

    This story is about Troy who bought a radio-operated helicopter. He got a nice offer in the shop with warranty and he bought the helicopter immediately. The extended manufacturer warranty sounded great which he got when he made the deal. The problem was that he have never read what is this warranty means exactly. He will know that too late after his problem. But that wasn’t only his fault because the seller…

    • 1306 Words
    • 6 Pages
    Good Essays
  • Good Essays

    business law

    • 1199 Words
    • 5 Pages

    Supplier will comply with any express warranty given or made by the supplier: s 59(2)…

    • 1199 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Statute Of Frauds

    • 119 Words
    • 1 Page

    Both “warranty” and “guarantee” have legal value, and can be enforced through a court of law, under their respective laws. For example, the Consumer Protection Act, 1986 protects consumers against unfair trade practices like making misleading representations about “guarantee” or “warranty”. However, given that guarantees can be ‘oral or written’ under Indian Contract Act, it becomes difficult to enforce an oral agreement of guarantee.…

    • 119 Words
    • 1 Page
    Good Essays