Carrie purchased a Sikorsky S-76 helicopter from Lenny. Prior to the purchase Ca
ID: 455812 • Letter: C
Question
Carrie purchased a Sikorsky S-76 helicopter from Lenny. Prior to the purchase Carrie told Lenny she would be using the helicopter to fly passengers to/from desolate and isolated areas in the National Park system and that the terrain would be pretty rough. Lenny assured her that the landing skids to the S-76 were built for the rough and rocky terrain of the National Parks System. Lenny gave Carrie a one-year warranty for the landing skids if they were damages under normal operation of the aircraft.
3 days after purchase of the S-76, Carrie flew the first flight and when landing in the uneven, rocky terrain at the bottom of the Grand Canyon, the landing skid of the S-76 was damaged. Carrie sued Lenny for breach of warranty. Lenny claimed that the operation of landing in the National Park was not a normal operation for an S-76. Who will likely succeed in the lawsuit? What case law will support your answer?
Explanation / Answer
Carrie will be likely to succeed in the lawsuit beause prior to the purchase Carrie told Lenny she would be using the helicopter to fly passengers to/from desolate and isolated areas in the National Park system and that the terrain would be pretty rough. Lenny assured her that the landing skids to the S-76 were built for the rough and rocky terrain of the National Parks System. Lenny gave Carrie a one-year warranty for the landing skids if they were damages under normal operation of the aircraft.
A breach of warranty involves a broken promise about a product made by either a manufacturer or a seller. The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract. Warranties are also express or implied. An express warranty is a particular stipulation introduced into the written contract, by the agreement of the parties; an implied warranty is a guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.
Warranty protection is provided under the Uniform Commercial Code (UCC), which has been adopted, at least in part, by all states. On the federal level, Congress enacted the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975, The federal Act has had a substantial impact on the warranty provisions of the Uniform Commercial Code. In general, it mandates certain guidelines in connection with written warranties and, where written warranties are given, invalidates attempts to disclaim implied warranties. The federal Act is aimed at written warranties and service contracts made in connection with the sale of "consumer products," requires that they they must meet federal standards in terms of disclosure and remedies provided to an aggrieved consumer.