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CHAPTER 23: WARRANTIES. CHAPTER 23: WARRANTIES. Learning Objectives: Types of Warranties Express Implied Limitations on Warranties Notice and Third Parties Comparison of Strict Liability and Warranties. TYPES OF WARRANTIES. Express Warranties Implied Warranties
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CHAPTER 23: WARRANTIES Learning Objectives: Types of Warranties Express Implied Limitations on Warranties Notice and Third Parties Comparison of Strict Liability and Warranties Chapter 23
TYPES OF WARRANTIES • Express Warranties • Implied Warranties • Warranty of Title • Warranty of Merchantability • Applied to all sales of goods by merchants • Goods must be merchantable • Liability for breach Chapter 23
TYPES OF WARRANTIES • Express Warranties • Implied Warranties • Warranty of Title • Warranty of Merchantability • Warranty of Fitness for a Particular Purpose • Seller has reason to know of specific purpose for goods • Seller knows buyer is relying on judgment of seller • Applicable to merchants and nonmerchants • Liability for breach Chapter 23
LIMITATIONS ON WARRANTIES • Express Warranties • Disclaimer of Warranties • Limitation of Remedies • Written Disclaimers of Implied Warranties • Other Limitations • Limitations on Remedies Chapter 23
NOTICE AND THIRD PARTIES • Notice • Rationale for Notice Requirement • Form of Notice • Time for Giving Notice • Third Parties • Doctrine of Privity of Contract • Abandonment of Privity Chapter 23
COMPARISON OF STRICT LIABILITY AND WARRANTY • Nature of Warranty of Merchantability • Nature of Strict Liability • Comparison: Table 23-1 Chapter 23