GBL 295 Lecture Notes - Lecture 15: Implied Warranty
Document Summary
The seller"s conduct must have been part of the basis of bargain. Implied warranty: are created by the code itself, not by any act or statement of the seller. Implied warranty of merchantability: unless excluded or modi ed, a warranty that the goods shall be merchantable is implied in a contract for their sale, if the seller is a merchant of goods of that kind. Disclaimers and defenses: disclaimer: a statement that a particular warranty does not apply, oral express warranties may be disclaimed, written express warranties may not be disclaimed. Implied warranties of merchantability may disclaim, but must use word.