Warranties1. Warranty of title 2. Express warranties3. Implied warranties (merchants only)

• Implied warranty of merchantability• Implied warranty of fitness for a

particular purpose

Warranty of Title

Automatic Warranty of Title. UCC – Seller automatically warrants that:

– Good title. The title conveyed is good– Right to convey the title – Goods are free of security interest or other liens– Warranty of title can be disclaimed.

Special Rule for Merchant Sellers – Also warrants that the good is free from any rightful claims of

patent, trademark or similar infringement

Focus Case 10.1, p. 337: Purchase of Stolen Corvette• $8,500 cash for corvette in 1998• Buyer discovered VIN had been altered because car stolen in 1992• Police seized car• Buyer brought action against seller under warranty law• Seller did not know that car had been stolen• Seller breached warranty of title1990 Corvette

Presentation Case: Dunleavey (P) v. Paris Ceramics USA (D) , (Super Ct. Conn 2005), p. 379Groups 26 & 17

Cruiser’s YachtOffering the best performance and cruising accommodations in its class, the 3375 Espirt offers a choice of either stern drive or inboard power, superb handling and sleeping accommodations for six.

French Antique Bourgogne Stone

Express Warranties

Requirements:– Affirmation of Fact. Seller makes an affirmation of fact or

promise regarding the goods– Description of Goods or Sample. Seller provides a

description of the goods or furnishes a sample– Part of Basis of the Bargain. The statement of promise

must be part of the “basis of the bargain” Puffery

Express Warranty on Carpet – End-of-Chapter Q: 8•Carpet alleged to have caused health issues – serve toxic injuries•pet “was a higher quality than what she brought in the store and that she was getting a very good grade of material.” •Brought claim under breach of express warranty.

Presentation Case: Thomas (P) v. Micro Center (D) (Ohio App 2007), p. 382. Groups 28 & 35

Douglas Thomas purchased the computer Butler Financial Solutions, LLC

Extended Warranty seller

Implied Warranty Sample Cases

Kolarik v. Cory Int’l Corp, Case Illustration 10.2, p. 358

• Plaintiff fractured a tooth while biting down on an olive from a far of pimento-stuffed green olives.•Plaintiff argued label said “minced pimento stuffed” created an express warranty that the olives had been pitted.•Industry standards. The US Dept of Agriculture allows 1.3 pit parts per 100 olives.

As Is

Fake Visor Purchased. Star Trek fan claimed humiliation when he paid more than $24,000 for fake props at a Christie’s auction.

Sued for $7,000,000 Fan asked Data (actor Brent Spiner) to

sign the visor and the actor told him it was a fake.

Sold As Is

Implied Warranty of Merchantability

Applies to Merchants Only. Must be merchant that sells that sort of goods

Goods are merchantable if:– Pass without Objection. They pass without objection in the trade under

the contract description,– Fair and Average Quality. In the case of fungible goods, be of fair and

average quality,– Fit for Ordinary Purpose. Be fit for the ordinary purpose for which such

goods are sold,– Even Kind, Quality and Quantity. Be of even kind, quality, and quantity

within each unit and among all units– Adequately Packaged and Labeled. Be adequately packaged and

labeled, and – Conform to Promises on Container. Conform to any promises or

affirmations of fact made on the container or label

For Sale by Owner

Joe’s Bike Shop

8

Implied Warranty of Fitness for a Particular Purpose

Seller Knows Purpose. The seller has reason to know of the particular purpose for which the buyer intends to use the goods

Seller Knows Buyer Relying on Seller’s Judgment. The seller has reason to know that the buyer is relying upon the seller’s skill or judgment ot select or furnish suitable goods, and

Buyer Actually Relies on Seller’s Judgment. The buyer actually relies upon the seller’s skill or judgment.

Mower•Purchase of a mower to mow driving range by pulling mower with a tractor•Told seller he needed mower to be pulled by 20 hp diesel engine •Seller did not sell tractors•Seller recommended the LasTec 521•It cut lawn poorly, because tractor was underpowered for the mowerLasTec 521

Warranty Disclaimers andPrivity of Contract For Warranty

Warranty Disclaimers– Disclaimers must be unambiguous (any ambiguity resolved against seller)– Tough to disclaim express warranties – never make them in the first place– “as is”

Privity of Contract Not Required– Any member of household and any houseguest are also covered under the

warranty “if it is reasonable to expect that such a person may use, consume or be affected by the goods.”

Privity of Contract – Case Illustration 10.3, p. 360•Husband buys a ’55 Plymouth as a mother’s day gift for his wife•Car came with Express Warranty•Car is defective – car steering faulty•Steering broke and car turned 90 degrees into a sign and brick wall•Wife injured – negligence claim dismissed •Car only has 468 miles on it•Warranty claim survives – warranty of merchantability

Remedies and Defenses

Lost value Consequential damages

– Personal Injury. UCC does not permit limitation of consequential damages when the plaintiff has suffered a personal injury

Incidental damages

Baker v. Burlington Coat Factory, Case Illustration 10.4, p. 362 • Baker purchased fake fur coat from Burlington for $127•Sign in store, receipt on front and back said “No Cash Refunds” Burlington allowed exchanges or in-store credit•Fur began shedding profusely•Baker wanted money back – Burlington would only give credit•Implied Warranty of Merchantability cannot be overridden by store policy

No Cash RefundsExchanges and In-Store Credit Only

Magnuson-Moss Federal Warranty ActCovers Written Warranties

Objectives of law– Ensure that consumers could get complete information

about warranty terms and conditions– Ensure that consumers could compare warranty

coverage prior to purchase– Promote competition on the basis of warranty

coverage and – Strengthen incentives for companies to perform their

warranty obligations and resolve complaints quickly. Full or Limited Warranty

– No warranty required – Full Warranty. Entitles consumer to free repair or

after a reasonable number of failed attempts to fix the product entitles the person to choose of a full refund or replacement.

Other Requirements– Cannot disclaim implied warranties– Warranty provided in a single easy-to-read format– Must be available prior to purchase

Must state whether limited or full