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Hi, need to submit a 500 words essay on the topic Explain the role and operational characteristics of warranty of titles, express warranty, warranty of merchantability and fitness for a particular pur
Hi, need to submit a 500 words essay on the topic Explain the role and operational characteristics of warranty of titles, express warranty, warranty of merchantability and fitness for a particular purpose and implied warranty dealing with proir course of dealing including role of product liability for ma.
The exception in this case is in the situations whereby the seller is not the merchant but a third party for example a representative.
Express warranty is a formal or informal promise made by the seller towards the buyer during a bargain and made to persuade the buyer to purchase the product. Since this promise is not legally binding, there can be no liabilities even when the product does not attain the quality or service promised by the seller. The express warranty is mostly oral but can also be through written representation or representation through samples and models. According to Cross and Miller (2011), the only time the express warranty can be binding is if the buyer specifically requests the seller to deliver products fitting the description or models described.
Warranty of merchantability is one of the warranties that fall under implied warranty. An implied warranty comes about not from the seller’s implications but automatically from law because a sale was made on that particular product. In warranty of merchantability, a merchant warrants that the goods sold and which are also described in the contract is fit for the purpose they normally serve. If a buyer has the intention of purchasing goods of an unusual reason or purpose and not for that which it is normally purchased to perform, then the buyer must disclose this information to the seller so that the warrant that will be made by the seller will indicate that the goods will be ok to serve the purpose. This is important to mention and be included in the warrant because the seller has prior skills and judgments which are relied upon by the buyer and if not mentioned, then there will not be issuance of a warrant of fitness.
Product liability for manufacturers means that if a product from the manufacturing causes harm to a client because of negligence in design, fabrication or even inspection, then liability goes to all those in contact with the product
