1. Sales Law October 29, 2009 Winn

2. Sales Law October 29 Today is last class at 8:20, Monday at 8:30 Who is Oliver Smoot? Reading estimate for Monday 11/2 – Through Problem 3.9 Handouts – ANSI End User License Agreement – ANSI ISO 9000 download instructions [only in hard copy] – Introduction to Certification Marks

3. Standards & Law Merchant: What Relationship? Freedom of Contract Usage of Trade Administrative Agency Regulations Voluntary Consensus Standards

4. Why are standards replacing merchant custom? Manage risk of products liability law Comply with administrative agency health & safety regulations Manage complexity/sophistication of products Meet demand for interoperability Increase certainty of communications with remote parties – Rise of “offshoring” (outsourcing across borders) Private 3 rd party enforcement in lieu of 2 nd party enforcement, government enforcement

5. Express Warranty? Specific Measurable Fact Unequivocal Reasonable to rely on Response to specific inquiry Written General Cannot be measured Opinion or commendation Equivocal, conditional Not reasonable to rely on Freely volunteered Oral