Business Law Discussion Week 4

Warranties in the sale of goods

Warranties are promises enforced by the law about the truth and representations of certain products. Institute of public law (2016) explains that t here are two available types of warranties in the sale of goods.

Express Warranty (55-2-313) and implied warranty.

Express warranty

In express warranty, the seller affirms the description written on the good, which becomes the base of the bargain. In this case, the buyer of the boot was offered a pair of hiking boots by the sales clerk described ‘cold weather rated.” The description became the point of bargain because the boots did not function as per the directions on them. Instead, they were not able to cope with the cold weather and caused frostbite injuries, which resulted in frostbite injuries making the buyer unable to walk without aid and permanently damaged his lower extremities.

Implied warranty

There are two types of implied warranties, implied warranty of merchantability, and implied warranty of fitness for a particular purpose.

Implied warranty of merchantability is applied when the seller is a merchant of the sold goods; it directly implies that those goods are appropriate for normal purposes of the sold goods.

Implied warranty of fitness for a particular purpose is applicable if during contraction the seller gets a reason knowing the particular purpose for using the goods. Secondly, in case the buyer relied on the skills of the seller during selection of the suitable good.

In this case, the boot buyer has a reason to warrant and claim for damages caused by bought books because he was offered the boots by the sales clerk who is heavily relied on for the choice of best boots.

In conclusion the buyer has three warranties that will grant him legal rights to recover damages against the sales clerk since he is to be relied on incase of any damage or harm caused by his goods.

 

References

Institute of public law. (2016).Warranties in the sale of goods. Retrieved from http://jec.unm.edu/education/online-training/consumer-law-tutorial/warranties-in-the-sale-of-goods