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On the guarantee system on the quality of the goods in the United States Uniform Commercial Code \

Author: ChenLiJun
Tutor: WangJun
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Implied warranties Express warranties Transaction basis Product liability
CLC: D971.2
Type: Master's thesis
Year: 2005
Downloads: 224
Quote: 2
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Abstract

Express warranty and implied warranty are two main provisions on the quality of goods. Thereinto, implied warranty includes implied warranty of merchantability and implied warranty of fitness for a particular purpose. From the concrete provisions, we can conclude that these rules are made for the benefit of buyers. The key point is to keep the balance between the buyers and the sellers by remedying the buyers’ deficiency in bargain power through the arrangement of a series of rules and to protect the interests of buyers to a sufficient extent. It is true that express warranty and implied warranty are complementary to each other, providing a sound protective system for the buyers. Then, with the rapid development of technology, buyers can enjoy the benefit of new products without any doubt about the lack of related knowledge. Today, with the rights and benefit of consumers being greatly valued, the function appears more significant.However, we must make clear that the protection of law for the weak is not unlimited. If the law is in the interests of buyers, irrespective of the sellers’ benefits, then under this circumstance the business will see a setback or will wither. Hence, the stagnation or recession of economy will come and the benefit of all the market participants will be ruined. Therefore, in enacting the law, the law-makers set proper limits to the buyers’ rights through such rules as disclaimers of warranty, lack of privity, etc. On the one hand, it can make the law suit different deals and keep the balance between the buyers and the sellers; on the other hand, it also can urge the buyers to perform reasonable duties to avoid excessive reliance on the protection of law and the occurrence of more litigations.Of course, there are some leaks in the system of quality warranty, like the relationship between reliance and basis of bargain, quality standard of goods in the implied warranty, and so on. The resolving of these problems lies in the development of practice, especially the uniform recognition of judges and other legal professionals. Compared with the contribution of the quality warranty system, these problems are really minor and unimportant.

On the guarantee system on the quality of the goods in the United States Uniform Commercial Code \

Abstract

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