Asked by Toshia Bolton on Jul 20, 2024
Verified
In terms of sale of goods transactions in the United States,which of the following is true regarding disclaimer of the warranty of merchantability?
A) The disclaimer must be in writing in order to be enforceable.
B) Some states require the term merchantability to be used in the disclaimer.
C) The disclaimer may be made either orally or in writing.
D) The disclaimer must be in writing,and some states require the term merchantability to be used in the disclaimer.
E) The disclaimer may be made either orally or in writing,and some states require the term merchantability to be used in the disclaimer.
Disclaimer
A statement that denies responsibility or relinquishes a right, often used to avoid legal liability.
Warranty of Merchantability
A guarantee that a product will meet reasonable expectations of quality and performance.
Writing
A type of documentation that shows contractual intent and satisfies the statute of frauds requirement.
- Understand the requirements for a warranty breach and the necessary conditions for goods to be deemed merchantable.
Verified Answer
PP
Parth PatelJul 21, 2024
Final Answer :
E
Explanation :
The seller may disclaim the warranty of merchantability either orally or in writing; however,some states require the term merchantability to be used in the disclaimer.
Learning Objectives
- Understand the requirements for a warranty breach and the necessary conditions for goods to be deemed merchantable.
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