Sid bought a hammer for 1 at a local dollar store. When he tried to drive a spik
ID: 2823705 • Letter: S
Question
Sid bought a hammer for 1 at a local dollar store. When he tried to drive a spike into a landscaping timber with the hammer, the head broke off and injured his neighbor who was standing nearby. Has the manufacturer of the hammer breached an implied warranty of merchantability?
Yes, it one person is injured by a product it is prima facie evidence that the product is not merchantable.
Yes, if any other hammer available on the market could drive a spike into a landscaping timber, this hammer will be held to that standard.
Yes, because manufacturers are absolute insurers of the safety of their products
No, because a product is merchantable if it is fit for the ordinary purpose for which it is intended and driving spikes is outside the purpose of an ordinary hammer.
Yes, it one person is injured by a product it is prima facie evidence that the product is not merchantable.
Yes, if any other hammer available on the market could drive a spike into a landscaping timber, this hammer will be held to that standard.
Yes, because manufacturers are absolute insurers of the safety of their products
No, because a product is merchantable if it is fit for the ordinary purpose for which it is intended and driving spikes is outside the purpose of an ordinary hammer.
Explanation / Answer
No, because a product is merchantable if it is fit for the ordinary purpose for which it is intended and driving spikes is outside the purpose of an ordinary hammer
(As per the Implied merchantability doctrine, the manufacturer guarantees that the product sold by him will work when used for its intended purposes. In this case since driving spikes is not the ordinary purpose of a hammer, the warranty does not exist and hence will not be valid)
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