The question is whether there is an implied warranty of merchantability. In the following three problems, draft a comprehensive, or narrow ,statement of the issue in the Relevant Law + Legal Question + Key Facts format.
For the law component, use the appropriate Texas statute given below. When drafting the law component, include the citation and a relevant portion of the title.
Refer to the sample answer at the end of this assignment in case you need help. Remember that the issue is written in question form.
Alice purchases a new toaster from a booth at the flea market. The market is open year-round and the same products are always sold at that booth.
Alice, while shopping at the flea market, purchases a soft drink from a vendor at the market.She becomes sick from the drink.
Alice becomes ill from a soft drink purchased at a local fast-food restaurant.
TEXAS STATUTE:
Tex Bus. & Com. Code Ann. § 2.314. www.statutes.legis.state.tx.us/Docs/BC/htm/BC.2.htm#2.314
The title of the statute is: "Implied warranty: merchantability; usage of trade."
Tex. Bus. & Com. Code Ann. § 2.314, Implied Warranty: Merchantability; Usage of Trade
(a) Unless excluded or modified (Section 2.316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(b) Goods to be merchantable must be at least such as
(1) Pass without objection in the trade under the contract description; and
(2) In the case of fungible goods, are of fair average quality within the description; and
(3) Are fit for the ordinary purposes for which such goods are used; and
(4) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(5) Are adequately contained, packaged, and labeled as the agreement may require; and
(6) Conform to the promises or affirmations of fact made on the container or label if any.
(c) Unless excluded or modified (Section 2.316) other implied warranties may arise from course of dealing or usage of trade.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
SAMPLE ANSWER:
Draft a comprehensive/narrow statement of the following issue in the Relevant Law + Legal Question + Key Facts format; using the Tex. statute for the law component, and including the citation and a relevant portion of the title in the law component.
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Answer -1: "In light of the provisions of Tex. Bus. & Com. Code Ann. § 2.314, Implied warranty: merchantability, is there an implied warranty of merchantability for a new toaster purchased at a garage sale?"