chapter 14

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consequential damages

Special damages that compensate for a loss that does not directly or immediately result from the breach (for example, lost profits). For the plaintiff to collect consequential damages, they must have been reasonably foreseeable at the time the breach or injury occurred.

express warranty

a written guarantee

full warranty

a warranty that guarantees that if a product is found to be defective within the warranty period, it will be fixed or replaced at no cost to the purchaser.

guarantee

the word is often used in place of warranty

implied warranty

imposed by a law

limited warranty

a warranty that excludes certain parts of the product form coverage or requires the customer to bear some of the expense for repairs resulting form defects.

merchantable

fit to be offered for sale

puffery

exaggeration in advertising claims

warranty

another name of guarantee

warranty of fitness for a particular purpose

arises when the seller advises a customer that a product is suitable for a particular use and the customer act on that advice

warranty of merchantability

When a merchant sells goods, he or she gives ( The warranty assures the buyer that the product he or she is purchasing is of at least average quality and fit for the purpose for which it was intended.

warranty of title

the seller warrants that the title being conveyed is good and that the transfer is lawful

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