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BUSINESS LAW AND ETHICS Chapter 19. WARRANTIES  EXPRESS WARRANTY  The statement of the seller in which the article sold Is warranted or guaranteed is.

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Presentation on theme: "BUSINESS LAW AND ETHICS Chapter 19. WARRANTIES  EXPRESS WARRANTY  The statement of the seller in which the article sold Is warranted or guaranteed is."— Presentation transcript:

1 BUSINESS LAW AND ETHICS Chapter 19

2 WARRANTIES  EXPRESS WARRANTY  The statement of the seller in which the article sold Is warranted or guaranteed is known as an Express Warranty  IMPLIED WARRANTY  An implied warrantee is one that the seller did not make but that is imposed by the law

3 WARRANTY OF TITLE  The seller is confirming ownership of the goods and that ownership is being transferred to the buyer.

4 PRIVITY OF CONTRACT  A contract relationship  How it applies to “Breach of Warranty”  A stranger can (one who does not have a contractual relationship) sue on the theory of Breach of Warranty.

5 MANUSON-MOSS WARRANTY & FRC IMPROVEMENT ACT  This act requires that written warranties for consumer goods must meet certain requirements. The consumer must be informed of the warranty prior to the sale.

6 T TO PROVE BREACH OF WARRANTY  Only the facts of when the plaintiff has direct knowledge, or about which information can readily be learned, need to be proven.

7 QUESTION #1  Why is it important that the buyer examine the product before signing the contract?  Answer pg. : No implied warranty exists with respect to defects in goods that an examination should have revealed before making the final contract.

8 QUESTION #2  What is the relationship of Privity of Contracts?  Answer pg. 217: In the past, in common law there could be no suit for Breach of Warranty unless a Privity of Contract existed between the plaintiff and the defendant. However a “stranger” (one who does not have a contractual relationship can sue on the Theory of Breach of Warranty.

9 QUESTION #3  What is Consumer Protection?  Answer pg. 220: Laws designed to protect the parties to a contract from abuse, sharp dealing and fraud. They also strengthen legitimate business interests.

10 QUESTION #4  What is TILA?  Answer pg. 222: The Federal Truth in Lending Act.


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