- Recognize a UCC express warranty and how it is created.
- Understand what is meant under the UCC by implied warranties, and know the main types of implied warranties: merchantability, fitness for a particular purpose, and title.
- Know that there are other warranties: against infringement and as may arise from usage of the trade.
- See that there are difficulties with warranty theory as a cause of action for products liability; a federal law has addressed some of these.
The UCC governs express warranties and various implied warranties, and for many years it was the only statutory control on the use and meanings of warranties. In 1975, after years of debate, Congress passed and President Gerald Ford signed into law the Magnuson-Moss Act, which imposes certain requirements on manufacturers and others who warrant their goods. We will examine both the UCC and the Magnuson-Moss Act.
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