In which of the following circumstances was the implied warranty of merchantabil
ID: 356830 • Letter: I
Question
In which of the following circumstances was the implied warranty of merchantability breached?
a. In defendant’s restaurant, plaintiff bought a martini with an unpitted olive. Plaintiff broke a tooth when he attempted to eat the olive.
b. Plaintiff is bitten by a spider concealed in a pair of blue jeans sold by defendant’s store.
c. Seller sold cattle feed that contained the female hormone stilbestrol. It causes cattle to grow more rapidly than normal but also causes abortion in pregnant cows and sterility in bulls. The plaintiff farmer raises cattle for breeding rather than for slaughter, so he sues. The label on the cattle feed package did not mention that it contained stilbestrol.
d. Plaintiff bought a used a power lawn mower. While the plaintiff was mowing, an unknown object was hurled out of the grass chute and penetrated the eye of the plaintiff’s five-year-old son.
e. Plaintiff’s Ford Pinto’s gas tank exploded on impact.
f. Plaintiff bought a cookbook from defendant retail book dealer. Four days later, while following a recipe in the book, plaintiff ate a small slice of one of the ingredients, a plant commonly known as elephant’s ear, and became violently ill. The Plaintiff sued for breach of the implied warranty of merchantability.
g. Plaintiff bought a product that caused her to have an allergic reaction.
Explanation / Answer
Warranty of Merchantability
This warranty guarantees that a product sold to you by a merchant will work when used for its intended purposes.
Solution = e. Plaintiff’s Ford Pinto’s gas tank exploded on impact.