Question

After having problems with her Mitsubishi car, sandra salazar had santa Fe Mitsubishi install a used LO1 motor in it. when she picked up the car, a Mitsubishi employee told salazar to bring the car back if she had any problems. The car was smoking when she drove it home, and two days later, after the car’s oil light went on, a gas station attendant checked the oil and found that the car was totally out of oil. salazar took the car back to Mitsubishi for repair. The car still smoked and lost oil quickly and finally would not run. when Mitsubishi would not replace the engine at no cost, salazar sued Mit- subishi, alleging violation of an express warranty as a result of the employee’s statement to bring the car back if she had any problems with it. was the statement an express warranty?

Answer 1

Answer:

The statement is not an express warranty, because it doesn't involve a negotiation of terms between Salazar and Mitsubishi. It is an employee of the company that imploy Salazar to bring the car should the car gives problem, and didn't involve an agreement between the two parties ( Salazar and Mitsubishi)

Explanation:

What is express warranty?

An express warranty arises from the parties’ negotiations in a sales transaction. Express warranties are often included in the written terms of a contract. An “express” warranty by a seller is created by:

Any statement of fact or promise relating to the goods sold which becomes part of the basis of the bargain between the parties, creating a warranty that the goods will conform to the statement or promise.

Any description of the goods sold which becomes part of the basis of the bargain between the parties, creating a warranty that the goods will conform to the description.

Any sample or model, which becomes part of the basis of the bargain between the parties, creating a warranty that the goods will conform to the sample or model.

An express warranty may be created even if the seller does not use formal words such as “warranty” or “guarantee,” and even if the seller does not have a specific intention to make a warranty. However, an express warranty is not created merely because the seller makes a statement as to the value of the goods, or as to seller’s opinion of the goods. Generally, statements made by a seller during the course of contract negotiations are treated as statements of fact, unless it can be shown that the buyer could only have reasonably considered the statement to be an opinion.