Mennonite Deaconess Home & Hospital (MDHH) experienced leaks in its roof and hired a contractor to install a new roof that was manufactured by Gates. A Gates representative made statements to MDHH and offered brochures that described the roofing system. MDHH relied on the Gates representative’s skill and knowledge to select the appropriate roof. The contractor installed the roof, which started leaking shortly thereafter. MDHH sued Gates for breach of warranty. The court found in favor of MDHH.

CASE QUESTIONS 1. Was an express warranty created? Explain.

2. Were any implied warranties created? Explain.