Asked by Beatriz Sarai on May 07, 2024
Verified
Hot Toaster.Rebecca bought a toaster from Super Store and brought it home.A friend of hers,Greg,was at her house making toast.The toaster malfunctioned and shocked Greg,resulting in a small burn to his hand requiring medical attention.At a garage sale,Rebecca also purchased a blender from a friend,Samantha.When she paid for the blender,Rebecca said that it would be great for making smoothies.Samantha said nothing and just smiled while taking Rebecca's money.Unfortunately,the blender was not powerful enough to make smoothies.Which of the following is true regarding whether Samantha made an express warranty to Rebecca that the blender would make smoothies?
A) Samantha made an express warranty by not speaking up regarding the performance limitations of the blender.
B) Samantha made an express warranty by not speaking up regarding the performance limitations of the blender,but only if Rebecca can prove that Samantha knew about the problems.
C) Samantha made an express warranty by not speaking up regarding the performance limitations of the blender,but only if Rebecca cannot prove that Samantha knew about the problems.
D) Samantha made an express warranty by not speaking up regarding the performance limitations of the blender,but only if Samantha can prove that she did not know about the problems.
E) Samantha did not make an express warranty.
Express Warranty
A written or verbal promise made by a seller to a buyer regarding the quality, condition, or performance of a product.
Performance Limitations
Restrictions or conditions that limit the effectiveness or efficiency of a product, action, or system, often due to inherent design or external constraints.
- Discern the differences between express and implicit warranties, and apprehend their effects on sales agreements.
Verified Answer
MV
Monica VillarrealMay 14, 2024
Final Answer :
E
Explanation :
Samantha made no description of the blender's physical nature or its use,in either general or specific circumstances,which became part of the contract of sale.
Learning Objectives
- Discern the differences between express and implicit warranties, and apprehend their effects on sales agreements.