Role and Operational Characteristics of Warranty of Titles - Essay Example

The exception is in the situations whereby the seller is not the merchant but a third party for example a representative.
Explain the role and operational characteristics of express warranty
Express warranty is a formal or informal promise made by the seller towards the buyer during a bargain and made to persuade the buyer to purchase the product. Since this promise is not legally binding, there can be no liabilities even when the product does not attain the quality of service promised by the seller. The express warranty is mostly oral but can also be through written representation or representation through samples and models. According to Cross and Miller (2011), the only time the express warranty can be binding is if the buyer specifically requests the seller to deliver products fitting the description or models described.
Warranty of merchantability and fitness for a particular purpose
Warranty of merchantability is one of the warranties that fall under an implied warranty. An implied warranty comes about not from the seller’s implications but automatically from the law because a sale was made on that particular product. In warranty of merchantability, a merchant warrants that the goods sold and which are also described in the contract are fit for the purpose they normally serve. If a buyer has the intention of purchasing goods of an unusual reason or purpose and not for that which it is normally purchased to perform, then the buyer must disclose this information to the seller so that the warrant that will be made by the seller will indicate that the goods will be ok to serve the purpose. This is important to mention and be included in the warrant because the seller has prior skills and judgments which are relied upon by the buyer and if not mentioned, then there will not be the issuance of a warrant of fitness.
Implied warranty dealing with prior course of dealing including the role of product liability for manufacturers
Product liability for manufacturers means that if a product from the manufacturing causes harm to a client because of negligence in design, fabrication, or even inspection, then liability goes to all those in contact with the product from the manufacturers to the sellers. This is charged using four principle theories among which are the implied warranty for merchantability and warranty of fitness for a particular purpose. It is the warranty of merchantability because the merchant implies that the product is fit for sale while for the fitness of purpose, the buyer relies on the specialized knowledge of the seller to purchase the product.