AAMI MORTUARY LAW WEEK 1 LEGAL CONCEPTS STUDY GUIDE
WARRANTIES
Basic Warranty Concepts
• Warranty: A guarantee or assurance from a manufacturer or seller that
their products or services meet certain standards or are what a reasonable
buyer would expect
• Purpose: Warranties offer recourse when people are harmed or property
is damaged due to faulty products, while also limiting manufacturer
liability
Categories of Warranties
Express Warranties (Explicitly Stated)
1. By Promise: Direct, clear commitments from the seller about specific
product characteristics that become part of the sales agreement
2. By Description/Sample/Model: When product descriptions, samples, or
models form part of the sales agreement, they create a warranty that
goods will match what was shown
Implied Warranties (Automatically Inferred)
• Guarantees that arise from circumstances and reasonable expectations,
even without explicit statements
Express Warranty Details
Timing: Typically made before or during the sale, though post-sale statements
(written or oral) can also create warranties
Breach: Occurs when factual claims about quality, construction, price,
durability, performance, effectiveness, or safety prove false, allowing buyers to
sue sellers
Disclaimers: Denials or limitations of express warranties that reduce the
warranty's scope. The parol evidence rule prevents oral testimony from
contradicting written warranties.
, Implied Warranties
Warranty of Merchantability
• Assumes goods sold by merchants are suitable for sale/resale
• Merchant definition: Anyone dealing in such goods in normal business or
presenting themselves as having relevant expertise
• Disclaimer requirement: Must specifically mention "merchantability"
Warranty of Fitness for Particular Purpose
• To recover for breach, buyers must prove:
o Seller knew the buyer's specific purpose or intended use
o Seller knew buyer relied on seller's expertise
• Disclaimer requirements: Must be written and conspicuous; phrases like
"as is" or "with all faults" suffice
Uniform Commercial Code (UCC)
Buyers may reject delivered goods that don't match the seller's description or
conform to provided samples/models.
Magnuson-Moss Warranty Act
• Federal law covering written and implied warranties
• Applies only to consumer purchases of tangible personal property
• Covers:
o Written statements about product quality or performance claiming
defect-free status
o Written promises to refund, repair, replace, or act if products fail
specifications
o Implied warranties of merchantability
Types of Warranties Under Magnuson-Moss:
• Full Warranty: Guarantees free repair of defective products within
reasonable time after complaint
• Limited Warranty: Written warranty falling short of full warranty
requirements
COURT SYSTEM AND LEGAL PROCESS
Key Parties
WARRANTIES
Basic Warranty Concepts
• Warranty: A guarantee or assurance from a manufacturer or seller that
their products or services meet certain standards or are what a reasonable
buyer would expect
• Purpose: Warranties offer recourse when people are harmed or property
is damaged due to faulty products, while also limiting manufacturer
liability
Categories of Warranties
Express Warranties (Explicitly Stated)
1. By Promise: Direct, clear commitments from the seller about specific
product characteristics that become part of the sales agreement
2. By Description/Sample/Model: When product descriptions, samples, or
models form part of the sales agreement, they create a warranty that
goods will match what was shown
Implied Warranties (Automatically Inferred)
• Guarantees that arise from circumstances and reasonable expectations,
even without explicit statements
Express Warranty Details
Timing: Typically made before or during the sale, though post-sale statements
(written or oral) can also create warranties
Breach: Occurs when factual claims about quality, construction, price,
durability, performance, effectiveness, or safety prove false, allowing buyers to
sue sellers
Disclaimers: Denials or limitations of express warranties that reduce the
warranty's scope. The parol evidence rule prevents oral testimony from
contradicting written warranties.
, Implied Warranties
Warranty of Merchantability
• Assumes goods sold by merchants are suitable for sale/resale
• Merchant definition: Anyone dealing in such goods in normal business or
presenting themselves as having relevant expertise
• Disclaimer requirement: Must specifically mention "merchantability"
Warranty of Fitness for Particular Purpose
• To recover for breach, buyers must prove:
o Seller knew the buyer's specific purpose or intended use
o Seller knew buyer relied on seller's expertise
• Disclaimer requirements: Must be written and conspicuous; phrases like
"as is" or "with all faults" suffice
Uniform Commercial Code (UCC)
Buyers may reject delivered goods that don't match the seller's description or
conform to provided samples/models.
Magnuson-Moss Warranty Act
• Federal law covering written and implied warranties
• Applies only to consumer purchases of tangible personal property
• Covers:
o Written statements about product quality or performance claiming
defect-free status
o Written promises to refund, repair, replace, or act if products fail
specifications
o Implied warranties of merchantability
Types of Warranties Under Magnuson-Moss:
• Full Warranty: Guarantees free repair of defective products within
reasonable time after complaint
• Limited Warranty: Written warranty falling short of full warranty
requirements
COURT SYSTEM AND LEGAL PROCESS
Key Parties
