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Aqua Boats manufactured a boat, and it sold the boat to Crest Sales Co. Aqua dis

ID: 435065 • Letter: A

Question

Aqua Boats manufactured a boat, and it sold the boat to Crest Sales Co. Aqua disclaimed all warranties orally. Crest sold the boat to Gary for family use. Crest expressly warranted to Gary that the boat's hull was shatterproof. While Gary and his wife were boating one day, the boat struck a small rock. The rock shattered the boat's hull, causing the boat to sink. Not only did the boat not satisfy the warranties made by Crest, but the boat was also defective and unreasonably dangerous. Gary and his wife suffered personal injuries, they lost personal property on the boat, and the boat itself was lost. Who can sue Crest for breach of warranty? Can Aqua be sued for breach of warranty, at all? Can Gary and his wife both sue for strict tort liability? Can they sue both Aqua and Crest for strict tort liability? What type of damages specifically can Gary and his wife sue for?

Explanation / Answer

Here Aqua didn't give any written warranty to Crest sales Co., it gave only oral warranty, so oral warranty is not valid but crest express some warranty, they hold that boat was in good condition also but Gary his wife suffered from boat incident, so Crest sales Co is liable for this, they have to pay for damages and give some amount for medical treatment and they need to pay for assets which damaged in boat

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