Hathaway-aa-01

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Kansas City Kansas Community College *

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0140

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Business

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Feb 20, 2024

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Hathaway 1 Shelby Hathaway Mrs. Huggins BUSN-0206 2/2/24 Business Law II: Module 1 Analysis Assignment 1. List the elements of the implied warranty of merchantability and provide an example of a sale of goods that includes this warranty, and how it could be breached. Provide an example of a sale of goods that does not include this warranty. So that you don’t miss anything, I’ve listed these parts below. a. Elements of implied warranty of merchantability? a. The following are the components of the implied assurance of merchantability: The items are suitable for the typical uses for which they are made. The products have proper labeling and packaging. Any assurances or claims stated on the label or in advertising are met by the products. b. Example of sale of goods that includes implied warranty of merchantability. b. The seller may breach the implied warranty of merchantability in several ways. If the coffee maker bought in the mentioned situation often fails, makes low-quality coffee, or has misleading descriptions about its abilities, the seller would break the warranty. c. How can the seller breach the implied warranty of merchantability you described in 1b?

Hathaway 2 c. If the vendor provides items that are inappropriate for the intended use specified by the buyer, they may breach the implied promise of fitness for a particular purpose. For example, the seller would violate the guarantee if they suggested a laptop for video editing, but it couldn't perform heavy video processing. d. Example of a sale of goods that does not include the implied warranty of merchantability. [HINT: use your same example from 1b but change some of the facts so that the warranty is NOT included in the sale.] d. Buying a used smartphone from an online auction website is an example of a sale of goods that does not include the implied warranty of merchantability. The implicit warranty of merchantability would not apply in this instance because the item is a used one and is being sold by the individual, not a merchant. The buyer would be dependent on the seller's particular claims on the state and capabilities of the smartphone. 2. List the elements of the implied warranty of fitness for a particular purpose and provide an example of a sale of goods that includes this warranty, and how it could be breached. Provide an example of a sale of goods that does not include this warranty. So that you don’t miss anything, I’ve listed these parts below. a) Elements of implied warranty of fitness for a particular purpose (FPP)?

Hathaway 3 a. The following are included in the implicit warranty of suitability for a particular purpose: The vendor is aware of, or has reasonable suspicion that, the specific reason the items are needed for., The buyer depends on the seller's ability or discretion to choose or provide appropriate goods., The products are in fact appropriate for the given use. b) Example of sale of goods that includes implied warranty of FPP? b. Buying a high-performance laptop from a computer store is an example of a sale of goods that includes the implied warranty of fitness for a particular purpose. The implied warranty of fitness for a particular purpose ensures that the laptop will be able to handle video editing work if the buyer specifically tells the seller that they require the laptop for heavy video editing and depends on the seller's experience to recommend a suitable model. c) How can the seller breach the implied warranty of FPP you described in 2b? c. If the seller provides items that are unfit for the specified use disclosed by the buyer, they may violate the implicit warranty of fitness for a particular purpose. For example, the seller would be in violation of the warranty if the laptop that the seller recommended for video editing turns out to be unable to handle demanding video processing duties. d) Example of a sale of goods that does not include the implied warranty of FPP? [HINT: use your same example from 2b but change some of the facts so that the warranty is NOT included in the sale.] d. Buying a basic refrigerator from a department shop is an example of a sale of goods that does not include the implied warranty of fitness for a particular

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Hathaway 4 purpose. In this instance, the buyer chooses a refrigerator that is appropriate for any given purpose without depending on the seller's expertise or judgment. Rather, they are just buying a regular appliance with no special needs other than that it performs its fundamental functions.

Hathaway-aa-01

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