Sam wanted to replace the worn-out rain spouting around the perimeter of his barn. Upon examination of the choices of width, gauge and heaviness, Sam went to the saleman and explained the job he wished to do, the dimensions to be covered and the location of the rain spouting. The saleman recommended the thin gauge spouting normally used in small homes. Sam purchased the rain spouting and properly installed it. During the first heavy rain storm, the spouting on the longest side of the barn collapsed with the weight of the water. Sam claims a breach of the
a. warranty of fitness for a particular purpose
b. warranty of title
c. warranty of conformity to description, model, sample
d. warranty against infringement
George buys 10 dozen nails from Gus' Hardware Store. When he usesthe first dozen to build tthe frame of his home, all 12 nails bend under the pounding of the hammer and the head of the nail breaks off. George sues Gus' store for a breach of
a. An express warranty
b. the implied warranty of title
c. the implied warranty of merchantability
d. the implied warranty of fitness for a particular purpose
I think 1)C 2)D
I never heard of a school subject named HELP!!!
mistake
C & D are your anwers Good Luck
I can help you analyze the situations and determine the correct answers.
In the first situation, Sam purchased rain spouting based on the recommendation of the salesman. However, during the first heavy rainstorm, the spouting on the longest side of the barn collapsed. Sam claims a breach of warranty. To determine the correct answer, let's look at the different types of warranties:
a. Warranty of fitness for a particular purpose: This warranty applies when the seller knows the particular purpose for which the buyer is purchasing the product and the buyer relies on the seller's expertise in selecting the product. In this case, Sam explained the job he wished to do to the salesman, who then recommended the thin gauge spouting normally used in small homes. Since Sam relied on the salesman's recommendation, it implies that the salesman had knowledge of the buyer's specific purpose. Therefore, the correct answer is option a. warranty of fitness for a particular purpose.
In the second situation, George buys 10 dozen nails from Gus' Hardware Store. When he uses the first dozen nails to build the frame of his home, all 12 nails bend and the head breaks off. George sues Gus' store for a breach of warranty. Let's go through the different types of warranties:
a. Express warranty: This warranty is made explicitly by the seller and assures the buyer that the product will meet certain specifications or perform a particular way. In this situation, there is no mention of an express warranty being made by Gus' store. Therefore, option a. express warranty is not applicable.
b. Implied warranty of title: This warranty guarantees that the seller has legal ownership and the right to sell the product. This warranty is not relevant to the situation described.
c. Implied warranty of merchantability: This warranty implies that the product will be fit for its ordinary purpose and is of a quality that is generally acceptable in the trade or industry. In this case, the nails purchased by George should be able to be hammered in without bending and the heads breaking off. Since this is not the case, there may be a breach of the implied warranty of merchantability. Therefore, the correct answer is option c. the implied warranty of merchantability.
d. Implied warranty of fitness for a particular purpose: This warranty applies when the seller knows or has reason to know a particular purpose for which the buyer is purchasing the product and the buyer relies on the seller's expertise in selecting the product. This warranty is not relevant to the situation described.
Based on the explanations provided, the correct answers are 1) a. warranty of fitness for a particular purpose and 2) c. the implied warranty of merchantability.