Fact Pattern 23-A1
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
-Refer to Fact Pattern 23-A1. Suppose that the court rules against Concrete. The manufacturer might have avoided that result by
A) making its cement fit for its particular purpose.
B) making its cement merchantable for its intended use.
C) not allowing Bret to express an opinion.
D) not permitting Bret to make an express warranty.

Question

Fact Pattern 23-A1 
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
-Refer to Fact Pattern 23-A1. Suppose that the court rules against Concrete. The manufacturer might have avoided that result by
A) making its cement fit for its particular purpose.
B) making its cement merchantable for its intended use.
C) not allowing Bret to express an opinion.
D) not permitting Bret to make an express warranty.

Quizplus · Accepted Answer

By not allowing Bret to make an express warranty, Concrete Products could have avoided potential liability. An express warranty is a guarantee or assurance made by a seller that certain representations about a product, such as its quality or performance, are true. If the product does not meet the warranty, the buyer may be entitled to a remedy such as a refund or replacement. If Bret had not made any express warranty about the cement's performance in specific temperature ranges, DCC would not have had a legal claim against Concrete.