The client, Mrs. Tatum, purchased a new microwave oven from Inki Appliances Company. No written or oral
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Statutory Law: Section 50-102-314 of the New Washington statutes provides that "a warranty that the goods shall be merchantable is implied... if the seller is a merchant with respect to the goods of that kind." Mr. Spear is a merchant. Mrs. Tatum did not misuse the microwave or in any other way cause it to quit working.
Case Law: The case on point is Smith v. Appliance City, 56 N. Wash. 162, 868 N.E. 997 (1995). In Smith, the New
Washington supreme court ruled that the seller has three options when an implied warranty is breached: return the purchase price to the buyer, repair the merchandise, or replace the merchandise.
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Related Book For
Legal Research Analysis and Writing
ISBN: 978-1133591900
3rd edition
Authors: William H. Putman, Jennifer Albright
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