Question

HearIT, Inc., sells headphones and other listening devices. HearIT buys the goods from manufacturers and then resells them directly to consumers. HearIT does not pay cash to the manufacturers, but instead buys the inventory on credit, giving a security interest to the manufacturer. HearIT sells Judy a pair of headphones that later are repossessed by the manufacturer when HearIT fails to pay the manufacturer. In this situation, HearIT most likely violated:____________

Answer 1

Answer:

A warranty of no liens

Explanation:

HearIT has violated the warranty of no liens

Warranty: This can be defined as the assurance usually given by the seller of the existence of a fact on which the buyer can rely. Giving warranty is the duty of the seller, so buyers can sue the sellers in case of any breach in the agreement. instance, we have express warranty, warranty of title, implied warranty.

1) Warranty of Title

a) No Liens: Sellers usually give assurance to the customers that they are selling goods free from debt.

As in the case of HearIT, he has violated this contract by selling goods to Judy that are later repossesed by the manufacturer because the goods were bought on credit and HearIT failed to pay the manufacturer.

b) Good Title:This is the assurance given by the seller that the goods are not stolen goods.

2) No Infringements: It us a warranty given by the sellers to the buyers that their commodities are free from all kinds of infringement like patent right, copyright.

Except where disclaimed, a seller warrants that the goods delivered are free from any copyright, trademark, or patent claims by a third party.

Except where disclaimed, sellers warrant that they have good and valid title to the goods being sold and that they have the power to rightfully transfer title to the buyer. In other words, the goods aren’t stolen.

Except disclaimed, sellers warrant that the goods they are selling are free of any liens -- that is, any encumbrance on the goods or other property to satisfy a debt or protect a claim for payment of a debt (e.g., a security interest on personal property or a mortgage on real property).

2) Express warranty

3) Implied warranty