Answer:
Refer to the case Jackson v Nestle-Beich, Inc (589 NE2d 547).
Case Issue
Trial court held for defendant by applying the natural substance test, arguing that pecans, chocolate covered or not, will have shells. Appeals court reversed the decision applying the reasonable expectation test that chocolate covered pecans should not have any remaining nut shells.
Relevant Terms, Laws, and Cases
Breach of implied warranty - for food there is an implied warranty that the food should at least follow some standards needed for consumption, such as not having foreign object. For example, a needle found in a bowl of soup would be breach of implied warranty. However, it is debatable when a found object is naturally occurring to the ingredient such as finding egg shells in an omelet.
Opinion
Higher court affirmed the decision.
The court argued under strict liability that defendant could have placed a warning in their food products stating that shells may have remained in the food. Since they failed to state that it caused potential danger to consumers who unknowlingly eats the food believing it to be free of shells.
Answer:
Refer to the case Hauter v Zogarts (534 P2d 377).
Case Issue
The issue is whether a statement, the ball will not strike player, made on a packaging of a product made by defendant is an express warranty for the product.
Trial court granted judgment not withstanding verdict in favor of plaintiff. Defendant appealed.
Relevant Terms, Laws, and Cases
Express warranty - are terms sellers made about product that urges buyers to buy it. For example, claiming that a TV is HD is an express warranty that the TV is HD. However, opinions are not express warranties, e.g. claiming the product is amazing would be an opinion.
Opinion
The higher court agreed that there was a breach of express warranty. The court found that it was clear that the statement made by the defendant was not merely an opinion but statement of fact. Furthermore, the court agreed with trial court argument that the defendant can be held liable under breach of implied warranty as well; since the product was intended for beginner golfers but was found to be unsafe for use.
Answer:
Refer to the case Felley v Singleton (705 NE2d 930).
Case Issue
The issue is whether a statement that a car is in good mechanical condition is an express warranty. The plaintiff (buyer ) is suing defendant (seller) for defect in the purchased vehicle's brakes.
Trial court held for plaintiff. Defendant appealed the decision.
Relevant Terms, Laws, and Cases
Express warranty - are terms sellers made about product that urges buyers to buy it.
For example, claiming that a TV is HD is an express warranty that the TV has HD quality. However, opinions such as "This is a great product" is not an express warranty.
Opinion
Higher court affirmed the decision.
The court found that it was an expressed warranty because when the plaintiff specifically asked about the car's condition they relied on this fact to make their purchase. Furthermore , plaintiff was unaware of defective brakes on the car. Hence, the plaintiffs have shown that there was a breach of warranty.