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Your company manufactures and sells a variety of personal care products such as hair dryers and curling irons. Every hair dryer is properly labeled and contains safety precautions against misuse. Patrick purchases an SF9000 hair dryer from your company website. After a month of use where the hair dryer functions properly, Patrick accidentally drops it in water causing him an electric shock. Patrick sues your company for breach of the implied warranty of merchantability. Discuss whether the implied warranty of merchantability exists for this product and whether it has been violated in this situation.

Sagot :

Anthougoidn

Answer:

Product Implied Warranty

According to the Uniform Commercial Code, a product warranty guarantees that a product will work when used for its intended purposes.  There are two key types of implied warranties: merchantability and fitness.  The implied warranty of merchantability states that a product will meet reasonable expectations of the buyer.  The implied warranty of fitness means that the product will meet the buyer's intended use.

Based on the above, we can conclude that the implied warranty of merchantability actually exists for the hair dryer.  However, Patrick clearly violated it in this situation through the accident of dropping it in water.

Having thus violated the warranty, he cannot reasonably recover any damages from the company.

Explanation:

a) Facts of the case:

1. Every hair dryer is properly labeled and contains safety precautions against misuse.

2. The SF9000 hair dryer that Patrick purchased functioned properly for a month.

3. Patrick accidentally drops the hair dryer in water, causing him an electric shock.

4. Patrick sues for breach of the implied warranty of merchantability.

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