Exam 23: Warranties

Chord Guitars,Inc.,sells guitars and other stringed instruments to consumers.A Chord salesperson says to a potential customer,"This Chord is the best guitar you'll find anywhere,even online." This statement is

Riverside Ranch is a horse breeding facility.Steed Stables is a customer looking for a new stallion for its breeding program.Riverside's representative Tomas shows Steed a stallion that he says is very fertile and can easily breed twenty mares per year.This statement is

Stella bought a cup of coffee at the Roasted Bean Drive-Thru.The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup.When Stella lifted the lid,the cup collapsed,spilling the contents on her lap.To recover for third-degree burns on her thighs,Stella filed a suit against the Roasted Bean.Can Stella recover for breach of warranty Explain.

A warranty of good title means that a seller warrants that he or she has valid title to the goods and that transfer of the title is rightful.

Grande Floors,Inc.,and Home Decor Stores enter into a contract for a sale of carpeting.Grande Floors,a merchant who deals in goods of the kind sold,makes express warranties in connection with the sale.Under the UCC,at the time a contract is formed,an express warranty can be disclaimed or modified

Watercourse Pipe Company includes in its contracts a provision that reads,in large red letters,"There are no warranties that extend beyond the description on the face hereof." This disclaimer effectively negates

To constitute an express warranty,a representation must be in writing.

Replay Sports Stores and SportsPower Products,Inc.,enter into a contract for a sale of trampolines.SportsPower Products is a merchant who deals in goods of the kind sold.Under the UCC,an implied warranty of merchantability arises

Quade is an expert in twentieth-century art.Rachel visits Quade's gallery,seeking to buy artwork as an investment.Quade shows her a painting that in his opinion is by Picasso.Quade's statement is

Livestock Feedlot orders one hundred sacks of cattle feed from MegaNutrient Feed,Inc.Each sack is stamped with the phrase "Twenty percent protein." This is

An expression of opinion will usually create a warranty.

Implied warranties can arise from a "usage of trade."

Merchants are absolute insurers against all accidents arising in connection with the goods.

A seller is not required to give a written warranty for consumer goods sold.

Rita eats Salsa Caliente made and sold by Salsa Zest Corporation and becomes ill.Rita files a suit against Salsa Zest,alleging that its product was not merchantable.Merchantable food is food that is fit to eat on the basis of

A full warranty requires free repair or replacement of any defective part.

Equipment Manufacturing Company tells First Choice Supplies,Inc.,that it needs an adhesive to do a particular job.First Choice provides a certain brand.When it does not perform to Equipment Manufacturing's specifications,Equipment Manufacturing sues First Choice,which claims,"We didn't expressly promise anything." What should Equipment Manufacturing argue

Eden Valley Ranch and Farm Supply Corporation enter into a contract for a sale of fencing materials.Farm Supply,a merchant who deals in goods of the kind,makes implied and express warranties in connection with the sale.Under the UCC,if these are inconsistent

Statements of fact made during the bargaining process are express warranties.

A warranty of title cannot be disclaimed.