BUSI 393 Study Guide - Midterm Guide: Implied Warranty, Estate (Land)
Document Summary
For a money consideration: of goods Not real estate (land: does not apple to services. On the balance is it a contract of sale, or a contract of labour & materials: ownership must pass to the buyer. Condition - may sue for damages + terminate contract. Warranty - may sue for damages/remedies, but cannot terminate contract. Implied condition as to right to title. Implied warranty as to free from charges or encumbrances. Implied condition that goods will correspond to the description. Minor misrepresentation regarding secondary characteristic may be treated as breach of warranty. Implied condition goods are fit for a particular purpose if: buyer communicates expressly/by implication particular purpose for goods. S. 18b sga: buyer makes it known he is relying on seller"s skill & judgement, goods are in seller"s course of business to supply, buyer not purchasing by trade name, relying on own skill & judgement.
