several items. She had Elvira went to the local discount store for her weekly sh

Question

several items. She had Elvira went to the local discount store for her weekly shopping, picking up a number of items. Over the next few days, she had problems with purchased a combination phone and answering machine, but when she opened the box, she noticed that the one inside was different than the one pictured on the package. The one inside was lacking several features of the one pictured on the box. When she opened a box of crackers to snack on before dinner, they did not look nearly as appetizing as the ones pictured on the box. Also, she prepared some brownies from a mix, but her brownies looked nothing like the ones pictured on the box. Upon closer inspection, she noticed that on the bottom of the box for the phone, it said, The picture is for illustration purposes only. The picture might show features not included on this particular phone. Please refer to the features list on the side panel for the features on this model. Elvira also bought a used car from Best Auto Co. While Eivira was shopping there, the salesman showed her a car, which he said was a 1998 Chrysler. The salesman also said, "This is the best car in town, and, "This car is worth at least $9,000. I had it appraised last week for $9,200 Amy other appraiser would say it is worth $9,500, at least. The engine is in great shape, and it has just had a tune-up" Elvira paid $8,000 for the car. Shortly aer purchasing the car, when receiving the paperwork, Elvira learned that it was a 1997 Chrysler, that it was worth only $6,000, and that it was not the best car in tows Discuss whether any warranties (express or implied) were created and identify them and if any were breached. Do this for each of the statements below- treat them as individual statements and not dependent on the other statement. Discuss 1) "The engine is in great shape and it just had a tune-up 2) This car is worth at least $9,000. I had it aporaised last week" 3) "This is the best deal in town" 4) 1998 Chrysler 5) brownies 6) crackers 7 phone/answering maching

Explanation / Answer

1) The statement made here is very subjective and open to interpretation so it does not forms any warrenty and hence cannot be treated as one.

2) Again it cannot be taken as implied warrenty because salesman could argue that he had a buyers who was ready to pay $9000 and he can also claim that value has depreciated fast in recent days.

3) Salesman never said that it is best deal in town so this sentence can not be used as warrenty.

4) This is a condition that could be used as expressed warrenty as the basic information given about the product is wrong and the Best Auto Co. is liable for that. And this warrenty was breached

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