Question: 2 . Custom Concepts designed a product known as the Magic Crystal Ball as a premium for use by McDonald s restaurants in some of
Custom Concepts designed a product known as the Magic Crystal Ball as a premium for use by McDonalds restaurants in some of its childrens selections on its menu. As designed, the Magic Crystal Ball was to be a hollow plastic ball enclosing a paper cube. The childplayer was to ask a question of the ball, shake it and turn it upside down to read an answer printed on one of the faces of the paper cube. Plastic Products agreed to manufacture the Magic Crystal Balls for Custom. Working from drawings supplied by Custom, Plastic produced a prototype that was approved by Costum and McDonalds and passed a safety test by US Testing, a laboratory that evaluates consumer products for quality and safety. Plastic then accepted a purchase order to make of the crystal balls and began production. However, the productionrun crystal balls failed the safety test because Plastic had thinned the edges of the walls so that its injection molds would fill uniformly. Custom had Plastic hold production, and then McDonalds canceled its order because of the time constraints in the promotional campaign of which the Magic Crystal Ball was to be a part. Custom notified Plastic that the project was off and brought suit against Plastic alleging breach of warranty. Did Plastic breach an express warranty when the production crystal ball did not conform to the prototype?
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