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Title Warrants, Express Warranties, Implied Warranties Games and activities
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Title Warrants, Express Warranties, Implied Warranties Games and activities
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Title Warrants, Express Warranties, ImpliedWarranties
Games and activities
Good Title - ✔✔Except where disclaimed, sellers warrant that they have good and valid title to the
goods being sold and that they may rightfully transfer title to the buyer.
Quiet Possession - ✔✔A lessor transfers the rights to possess and use the goods during the lease
term, not title to the goods, therefore lessors warrant only that no one has a superior right to possess
or use the goods during the lease term.
No Liens - ✔✔Except where disclaimed, sellers warrant that the goods they are selling are free of
any liens - that is, any encumbrance on the goods to satisfy a debt or protect a claim for payment of a
debt (e.g., a security interest on personal property or a mortgage on real property).
No Infringements - ✔✔Except where disclaimed, merchant sellers and merchant lessors warrant that
the goods delivered are free from any infringement claims by a third party.
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Express Warranty - ✔✔A seller's or lessor's oral or written promise, ancillary to an underlying sales
or lease agreement, as to the quality, description, or performance of the goods being sold or leased.
Expressed Warranties under the UCC - ✔✔Under the UCC, express warranties arise when a
seller/lessor indicates to the buyer/lessee that the goods (1) conform to any affirmation or promise of
fact about the goods made by the seller/lessor to the buyer/lessee, (2) conform to any factual
description of the goods made, e.g., on a label, packaging, or in a brochure, or (3) conform to any
sample or model of the goods shown to the buyer/lessee prior to purchase/lease. The affirmation,
promise, description, sample, or model become part of the basis of the bargain between the
seller/lessor and the buyer/lessee; and constitute more than a mere statement of opinion or puffery
(i.e., "sales talk").
Implied Warranty - ✔✔A warranty implied or inferred from the nature of the transaction or the relative
bargaining positions or circumstances of the parties.
Merchantability - ✔✔A warranty, arising in every sale or lease of goods by a merchant, that the
goods being sold or leased are, inter alia (1) reasonably fit for the general purpose for which they are
being sold/leased, (2) properly packaged and labeled, and (3) of proper quality.
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