FAMILY LAW

• CAVEAT EMPTOR-LET THE BUYER BEWARE• FEDERAL TRADE COMMISSION-GOVERNMENT

PRIMARY CONSUMER PROTECTION AGENCY• CONTRACT: AGREEMENT BETWEEN 2+ PEOPLE

TO EXCHANGE SOMETHING OF VALUE• BREACH OF CONTRACT: ONE PARTY DOES NOT

LIVE UP TO THEIR END OF THE CONTRACT• CONTRACT CONTAINS OFFER FROM ONE

PARTY AND ACCEPTANCE FROM ANOTHER

• EXCHANGE OF CONSIDERATION-SOMETHING OF VALUE IS EXCHANGED FOR SOMETHING ELSE OF VALUE

• MINOR-PERSONS UNDER THE AGE OF LEGAL MAJORITY (USUALLY 18)

• CAN MAKE CONTRACTS, CANNOT BE FORCED TO HONOR CONTRACTS

• COSIGN-PARENT OR GUARDIAN MUST ALSO SIGN ANY MAJOR CONTRACT SIGNED BY A MINOR

• MINOR WHO CONTINUES MAKING PAYMENTS ON A CONTRACT AFTER REACHING AGE OF LEGAL MAJORITY HAS RATIFIED CONTRACT

• RATIFIED CONTRACTS CAN NO LONGER BE CANCELED

• UNCONACIONABLE CONTRACTS-CONTRACTS DEEMED SO UNFAIR, HARSH, OR OPPRESSIVE THAT COURTS FIND IT SHOULD NOT BE ENFORCED

• CONTRACTS CAN BE WRITTEN OR ORAL• LAW PREFERS WRITTEN CONTRACTS• CERTAIN CONTRACTS MUST BE IN WRITING TO

BE ENFORCABLE• I.E: SALE OF LAND OR REAL ESTATE, SALES OF

GOODS PRICED $500+, AGREEMENTS TO PAY ANOTHER PERSONS DEBTS, AGREEMENTS THAT CANNOT BE PERFORMED WITHIN A YEAR OF AGRREMENT

• BETTER TO HAVE WRITTEN CONTRACT FOR YOUR PROTECTION

• SOME CONTRACTS CANNOT BE ENFORCED, MAY BE ILLEGAL OR AGAINST PUBLIC POLICIES

• I.E- AGREEMENT TO SELL ILLEGAL DRUGS• LAW ALLOWS FOR FREEDOM OF CONTRACTS• COURT CAN CHOOSE TO ONLY ENFORCE PARTS

OF CONTRACTS IF CERTAIN CLAUSES ARE UNFAIR

• COURT LIKELY TO FIND CONTRACT UNCONSCIONABLE WHEN:– (1) CONSUMER PRESENTED CONTRACT IN TAKE-IT-

OR-LEAVE-IT FORM– (2) UNEVEN BARGAINING POWER BETWEEN

PARTIES (EXPERIENCED SELLER DEALING WITH UNEDUCATED CONSUMER)

• FRAUD-FALSE STATEMENT ABOUT AN IMPORTANT MADE TO INDUCE A PERSON TO AGREE TO A CONTRACT

WARRANTY

• WARRANTY-PROMISE OR GUARANTEE MADE BY A SELLER CONCERNING QUALITY OR PERFORMANCE

• EXPRESS WARRANTY-STATEMENT CONCERNING QUALITY OR PERFORMANCE OF GOODS AS PART OF A SALE THAT BECOMES PART OF A BARGAIN

• PUFFING-EXAGERATED STATEMENT (SALES TALK)

• SELLERS DO NOT HAVE TO PROVIDE WRITTEN WARRANTY

• MAGNUSON-MOSS WARRANTY ACT REQUIRES WRITTEN WARRANTIES– (1) DISCLOSE ALL ESSENTIAL TERMS AND

CONDITIONS IN A SINGLE DOCUMENT– (2) BE STATED IN SIMPLE AND EASY TO READ

LANGUAGE– (3) MADE AVAILABLE TO CONSUMER BEFORE SALE

• WRITTEN WARRANTIES MUST STATE WHAT IS AND IS NOT INCLUDED IN WARRANTY

• WARRANTY ACT DOES NOT INCLUDE ANYTHING $15 OR LESS

• WARRANTIES LABELED FULL OR LIMITED• FULL WARRANTY– DEFECTIVE PRODUCT FIXED OR REPLACED FREE,

INCLUDING REMOVAL AND REINSTALLATION IF NECESSARY

– CONSUMER DOES NOT HAVE TO DO ANYTHING UNREASONABLE TO GET WARRANTY SERVICE

– PRODUCT FIXED WITHIN REASONABLE TIME– PRODUCT CANNOT BE FIXED AFTER REASONABLE

NUMBER OF ATTEMPTS, CONSUMER GETS REFUND OR REPLACEMENT

– WARRANTY APPLIES TO ANYONE WHO OWNS THE PRODUCT DURING WARRANTY PERIOD

• IMPLIED WARRANTY-UNWRITTEN PROMISE, CREATED BY LAW, THAT A PRODUCT WILL DO WHAT IT IS SUPPOSED TO DO– LAW REQUIRES PRODUCTS TO MEET CERTAIN

MINIMUM STANDARDS– ONLY APPLY TO PRODUCTS SOLD BY DEALERS, NOT

CASUAL SELLERS– TYPES OF IMPLIED WARRANTIES:– (1) WARRANTY OF MERCHANTIBILITY– (2) WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE– (3) WARRANTY OF TITLE

• WARRANT OF MERCHANTIBILITY-UNWRITTEN PROMISE THAT THE ITEM SOLD IS AT LEAST OF AVERAGE QUALITY FOR THAT TYPE OF ITEM– I.E-RADIO MUST PLAY, SAW MUST CUT, FREEZER MUST

KEEP FOOD FROZEN• WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE-EXISTS WHEN A CONSUMER TELLS A SELLER BEFORE BUYING THAT IT IS NEEDED FOR A SPECIFIC PURPOSE OR WILL BE USED IN A SPECIFIC WAY

• WARRANTY OF TITLE-SELLER’S PROMISE THAT HE OR SHE OWNS THE ITEM BEING OFFERED FOR SALE. SELLER IS NOT SELLING STOLEN GOODS

• DISCLAIMER-ATTEMPT TO LIMIT THE SELLER’S RESPONSIBILITIES SHOULD ANYTHING GO WRONG WITH A PRODUCT

• MAGNUSON-MOSS WARRANTY ACT-SELLERS OFFERING A WRITTEN WARRANTY MAY NOT DISCLAIM OR MODIFY ANY IMPLIED WARRANTY DURING THE EFFECTIVE PERIOD OF THE WRITTEN WARRANTY

• SELLERS USE DISCLAIMERS TO LIMIT CONSUMER’S REMEDY