Asked by Maxwell Ojwang on May 11, 2024
Verified
In the case in the text,Wilke v.Woodhouse Ford,Inc. ,the court held that:
A) the plaintiff failed to prove that the defendant was negligent for failure to inspect the van.
B) the defendant was liable because it negligently failed to inspect the van.
C) the implied warranty disclaimer did not violate public policy.
D) the implied warranty disclaimer violated public policy because the plaintiff suffered personal injury.
Implied Warranty
An unwritten and unspoken guarantee that a product will meet a minimum level of quality and reliability.
Negligent
Failing to take proper care in doing something, often leading to harm or damage.
Public Policy
Principles and standards considered to be in the interest of the general public and used as a guide for legislative or judicial action.
- Interpret how courts determine liability in negligence and warranty breach cases.
Verified Answer
DF
Delvin FourcandMay 17, 2024
Final Answer :
C
Explanation :
The court upheld an implied warranty disclaimer and declined to hold that the disclaimer violated public policy even though one of the plaintiffs suffered personal injury.The court emphasized,however,that the implied warranty disclaimer would not have protected the defendant against possible liability for negligent failure to inspect the van before selling it to the plaintiffs.
Learning Objectives
- Interpret how courts determine liability in negligence and warranty breach cases.