BLW 201-Introduction to Business Law Cieslik Due: 4-16-18 at 10 a.m 10 Points to
ID: 331247 • Letter: B
Question
BLW 201-Introduction to Business Law Cieslik Due: 4-16-18 at 10 a.m 10 Points torpen1 Due mcndey Answer each portion of the question in detail. Your answer must be typed. I will be grading on the quality and substance of your answer, as well as, spelling, grammar and punctuation. I WILL NOT ACCEPT ANY LATE SUBMISSIONS. 3. Stella bought a cup of coffee at the Roasted Bean Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Stella filed a suit against the Roasted Bean. Can Stella recover for breach of the implied warranty of merchantability? What is the implied warranty of merchantability? Why or why not? Discuss in detail. (10 points) s 0 dehe mechanteblty the Cup is the feusExplanation / Answer
“Warranty of merchantability is implied except if a disclaimer is defined with terms of sale is “as is” or “with its faults”, to be merchantable the goods must conform reasonably to the customers’ expectations.”
The implied warranty of merchantability means the product being sold is in a sellable condition and is capable of doing what the product of its kind should do without causing any injury or harm.
Referring to above explanation Stella can claim breach of implied warranty of merchantability as the coffee cup was supposed to be suitable to hold coffee of 190 degrees but its quality was not suitable for holding the hot coffee. The result was the cup collapsed and coffee fell on her thigh causing her injury and third-degree burns. The cup should have been capable of holding coffee of 190-degree temperature without collapsing, hence it is a breach of implied warranty of merchantability and has caused injury to the buyer. Stella can claim damages under tort.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.