Question: 8. Continuing with the above example, even if the boots were merchantable, would Adam have a legal right to get his money back in the
8. Continuing with the above example, even if the boots were merchantable, would Adam have a legal right to get his money back in the event The Shoe Store refused to give him a refund? ___ (Yes, assuming he could prove there was a warranty for a particular purpose that the boots would be good for mountain climbing / No, looks like Adam is out of luck)
9. In the case of Webster v Blue Ship Tea Room (a classic 1964 case out of Massachusetts / see Page 452 of your textbook), Mrs. Webster ordered a bowl of fish chowder (this is not clam chowder but fish chowder - big difference). A tiny fish bone became lodged in her throat and it took two operations for the doctors to find it and remove it. She sued the restaurant alleging the bowl of fish chowder was "not merchantable" (the implied warranty food is held to). Did the court rule the fish chowder she ate was merchantable or not? ____ (Yes, small fish bones are often found in fish chowder / No, the soup was not merchantable)
10. Mrs. Jones purchased a horse for her daughter. She told the seller she wanted a horse that would be excellent at jumping over obstacles during events. Seller sold Mrs. Jones a horse that she said was 8-years old, was incredible at jumping obstacles and would be a real winner. It appeared the horse was in good condition, etc. when Mrs. Jones and her daughter rode the horse. Mrs. Jones purchased the horse for $9,000. The written contract stated the horse was sold "AS IS." When she got it home she had the horse examined by an equine veterinarian and that veterinarian told Mrs. Jones the horse was actually 14-years old and was in no condition to be a jumper. Mrs. Jones is furious! She contacts the seller but the seller says "I am sorry but you bought the horse "as is." Did the "AS IS" provision negate any express warranties in the above situation with Mrs. Jones and the horse? [See Example 18.28 in Chapter 18] ____ (Yes / No, the "as is" disclaimer only negates implied warranties)
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