Abstract
Warranties are present in the sale of goods or services. When statements are made expressly they give rise to express warranty. When statements or promises are not expressly made rather they arise from the situation of the sale it is an implied warranty. Warranties can be disclaimed by the choice of words used by seller.
An express warranty arises from statements of fact made by the manufacturer to the buyer. These statements are expressly made to customer, mostly done in writing. The warranty is made by seller to buyer when he makes the affirmative statement or promise. The opinion of the seller about the product is not a warranty however there is the exception if the seller is an expert on the subject talking to a person with limited knowledge on the product.
An implied warranty is the statement that one does not have to be specifically mentioned between the dealings of the buyer and seller. The warranty is based on the sale or on the situation surrounding the sale. The warranty of fitness for a particular purpose supports that the product should meet the purpose the buyer bought it for. This means that the seller has an understanding of the reason why the buyer is making the purchase. The warranty of merchantability supports that the product should also meet the purpose it was designed for, it should be what an ordinary buyer would expect it to be. The warranty that is implied from previous business engagements or from customs of doing that business.A business would avoid implied warranties because they create legal obligations which were not clearly stated in the sale contract. The language used by a buyer as well as the words are specified to disclaim warranty.
The advertisement by Disney was a marketing statement that did not create an express warranty. They did not promise that their tapes were not susceptible to the sticky shed syndrome in the advertisement. Their statements to the public were common market place talk that was meant to create interest and eventually get the customers to purchase the tapes.
Work Cited.
- Miller R.,Frank B. (2011) Business Law.
