Breach of Warranty Self-Quiz
Joe owns a logging company
that provides trees to lumber yards. Joe is looking to buy a new truck
that will be able to haul four thousand pounds of cargo at one time. Joe
goes to a dealership that is selling Yugo 4x4 pick-up-trucks. The owner
of the dealership tells Joe that each truck can haul up to five thousand
pounds of cargo at a time. Joe buys one of the trucks but finds out later
that the truck he has bought can only haul twelve hundred pounds at a
time. If Joe sues the dealership, he will probably:
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Emmeril, a professional
chef, goes into a restaurant supply store to buy an industrial strength
blender. The salesman knows that Emmeril is buying the blender for
his new restaurant and that Emmeril is relying on the salesman’s
judgment to provide him with the blender most appropriate for a restaurant.
The salesman gives Emmeril a blender but it is not industrial strength
and is better suited for private use than for restaurant use. During
the night of the restaurant’s grand opening, the blender burns
out and many of the dishes on the menu cannot be made. In a suit against
the salesman, Emmeril will be able to recover under a breach of warrantee
theory
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Bill loves camping and
goes on several camping trips every year. In anticipation of his next
trip, Bill buys a heating coil from a local sporting goods store so
that he can make hot drinks. The coil was manufactured by Thermarod,
Inc. who then sold the coil to the sporting goods store. The directions
that come with the heating coil instruct the user to place the coil
in the cold liquid and then turn it on. Bill’s son Theo sees
the coil and decides to try it out one day. He puts the coil in a
cold cup of soup and then turns the coil on. Unfortunately, due to
a manufacturing defect, the coil explodes, injuring Theo. In a suit
against the manufacturer, Theo will probably:
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Bill loves camping and goes
on several camping trips every year. In anticipation of his next trip,
Bill buys a heating coil from a local sporting goods store so that he
can make hot drinks. The coil was manufactured by Thermarod, Inc. who
then sold the coil to the sporting goods store. The directions that come
with the hearing coil instruct the user to place the coil in the cold
liquid and then turn it on. Bill takes it on his trip. During the trip,
one of Bill’s friends, Al, sees the coil and decides to try it out.
He puts the coil in a cold cup of soup and then turns the coil on. Unfortunately,
due to a manufacturing defect, the coil explodes, injuring Al. In a suit
against the manufacturer, Al will probably:
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