Term
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Definition
| Is a guarantee or a promise made by the manufacturer or seller that the goods or services offered really are what they claim to be, or that goods or services are what a reasonable person has a right to expect. |
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Term
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Definition
| Are those warranties that are explicit and specifically stated promises. |
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Term
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Definition
| Are guarantees that are suggested or inferred from known facts and circumstances. |
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Term
| Express Warranty by Promise |
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Definition
| Express Warranties are explicit, definite promises by the seller of goods that the goods will have certain characteristics. |
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Term
| Express Warranty by Promise |
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Definition
| The warranty is made by the seller to the buyer and becomes part of the basis of the agreement and it creates an explicit warranty that the goods will be as promised. |
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Term
| Express Warranty by Description, Sample or Model |
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Definition
| Any description of goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. |
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Term
| Express Warranty by Description, Sample or Model |
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Definition
| Pursuant to the UCC (Uniform Commercial Code) a buyer may refuse delivered goods if the goods are not the same as described by the seller or do not conform to the sample or model used by the seller to effect the sale. |
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Term
| Timing of Express Warranty |
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Definition
| most express warranties are made before or during the sales transaction, writing or oral statements issued by the seller after the transaction has been completed also can be interpreted as express warranties. |
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Term
| Breach of Express Warranty |
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Definition
| Only when statements of fact about quality of merchandise, construction, price, durability, performance, effectiveness and safety are made part of the contract and later prove false the buyer may bring an action against the seller for breach of express warranty. |
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Term
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Definition
| prohibits the use of oral testimony which contradicts the explicit written word |
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Term
| Disclaimers of Expressed Warranty |
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Definition
| Such a denial or repudiation in an express warranty is known as a DISCLAIMER and serves to limit the effectiveness of the warranty. |
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Term
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Definition
| a denial or repudiation in an express warranty that places specific limitations in the warranty. |
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Term
| Disclaimers of Expressed Warranty |
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Definition
| So pursuant to the Parol Evidence Rule a court would be prohibited from considering oral warranties or disclaimers that are inconsistent with the written document. |
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Term
| Implied Warranties of Merchantability |
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Definition
1. Warranties of merchantability which are given solely by merchants
2. Warranties of fitness for a particular purpose, which apply more generally, to merchants as well as to others. |
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Term
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Definition
| is defined as anyone who deals in goods of the kind being sold in the ordinary course of business or someone who presents himself or herself as having the skills or knowledge relating to the goods. |
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Term
| Magnuson - Moss Warranty Act |
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Definition
| is a Federal Statute which applies to written warranties. It applies only to purchases by consumers of tangible personal property that costs more than $25.00. |
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Term
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Definition
| Any written statement of fact made by a seller to a purchaser relating to the quality or performance of a product and stating that the product is free of defects or that it will meet a specified level of performance over a period of time, |
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Term
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Definition
| A written promise to “refund, repair, replace or take other action” if a product fails to meet written specifications. |
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Term
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Definition
| Products sold in interstate commerce or Goods that cost more than $25.00. |
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Term
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Definition
| promises that a defective product will be repaired without charge within a reasonable time after a complaint has been made. |
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Term
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Definition
| is a written warranty that does not meet the minimum requirements of a full warranty. |
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Term
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Definition
| is a transaction where possession of tangible personal property is given to a party other than the owner without title passing from the owner to the person who has taken possession. |
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Term
| Characteristics of Bailments |
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Definition
bailments are allowed for the following purposes:
Sale
Transportation
Repair or Service
Rental
Storage
Security for a loan |
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Term
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Definition
| Person who returns ownership & transfers possession |
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Term
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Definition
| Person who receives the goods |
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Term
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Definition
| agreement between bailor and bailee |
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Term
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Definition
1. Bailment for the sole benefit of the Bailee.
2. Bailment for the sole benefit of the Bailor.
3. Mutual Benefit Bailment.
4. Constructive Bailment. |
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Term
| Sole Benefit of the Bailee |
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Definition
| borrowing or lending transaction; owner/bailor must warn the bailee of any defects or hazards that exist; person who borrows the article gets the benefit |
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Term
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Definition
| most common type; Consideration is always present; bailor has the duty to warn of any defects in property; bailee has the duty to exercise care in the use of the property |
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Term
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Definition
| created if the bailor does not pay for the services or work done by bailee |
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Term
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Definition
| use of storage facilities (warehouse); the warehouser gives receipt and accepts responsibility for any loss |
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Term
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Definition
| Valet parking; if the parking lot makes express & implied assurances (security) then a court may find the parking lot had control |
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Term
| Bailment for work and services |
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Definition
| when property is turned over with the understanding that certain work is to be performed on the property (tailoring of clothes) |
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Term
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Definition
| in regard to the a guest's property; under common law the hotelkeeper's liability is absolute; many states limit the liablity to the amt listed in the posted notice |
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Term
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Definition
| When bailment is thrust upon you. (waiter finding wallet in restaurant seat) |
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Term
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Definition
| enables the state legislatures to enact laws for the protection of the general welfare, health & safety; allows the states to set licensing standards |
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Term
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Definition
| the body of a human being that has been deprived of life, but not yet entirely disintegrated |
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Term
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Definition
| possession of the physical body |
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Term
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Definition
| the person in charge of the funeral has constructive possession of the body when the body is physically in the funeral home |
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Term
| Right of Control of the Funeral |
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Definition
1. person in control of funeral has full authority to make funeral arrangements
2. gives person in control the right to limit or exclude people from the funeral service |
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Term
| Who has the right of disposition |
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Definition
| 1. spouse; 2. children; 3. parents; 4. siblings; 5. by blood |
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Term
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Definition
| the individual with the paramount right of disposition who doesn't take the action to arrange the funeral/disposition may waive that right |
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Term
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Definition
| damages which are agreed upon ahead of time just in case there is a breach of the contract |
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Term
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Definition
| damages that are of little value but allow the plaintiff to have a symbolic win |
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