Suppose that Dr. Reily owns a medical clinic and enters into a contract to buy 5

Question

Suppose that Dr. Reily owns a medical clinic and enters into a contract to buy 500 tablets of Gensol from Pharzime. While negotiating the contract, Dr. Early made the statement that the drug was approved for epilepsy and is quite safe. If the drug later turns out to be no safer than other epilepsy drugs, this statement:

creates no warranty.

created a puffery warranty.

created an express warranty.

created an implied warranty.

Suppose that Dr. Reily owns a medical clinic and enters into a contract to buy 500 tablets of Gensol from Pharzime. While negotiating the contract, Dr. Early tells Dr. Reily that Gensol lowers the seizure rate in all epilepsy patients. This statement:

created a puffery warranty.

creates no warranty.

created an implied warranty.

created an express warranty.

Suppose that Dr. Reily owns a medical clinic Dr. Early goes there to sell him some Gensol. During the meeting, Dr Reily states that he has heard that a common epilepsy test that Pharzime sells will also diagnose meningitis. Dr. Early sells him the test without saying anything in reply. It later turns out that the test is ineffective at diagnosing meningitis. Which of the following is true?

Dr. Early violated the implied warranty of fitness for a particular purpose.

Dr. Early violated the implied warranty of merchantability.

Since the test worked properly for diagnosing epilepsy, Dr. Early did not violate any warranties.

Since Dr. Early did not say anything, he did not violate any warranties.

Explanation / Answer

1) Option (D)

Created an Implied Warranty.

Because in this case, Dr Early had made the statement that the drug is safe and then it proved wrong.

2) Option (A)

Created Puffery warranty.

As one can easily identify that it is normal negotiation reason used by the seller.

3) Option (A)

Dr Early violated the implied warranty of fitness for a particular purpose.

because the seller knows that the buyer is buying that for a particular purpose and he sells without telling him anything.

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