Question

Before buying paint from a paint store, Dustin, a college professor, asked the salesperson if the paint could be used safely to paint the inside of his fireplace. The salesperson said that it was heat resistant paint and could be used for that purpose. Which of the following warranties was created by the salesperson's statement?
A. An express warranty
B. An implied warranty of fitness for a particular purpose
C. An implied warranty of merchantability
D. Both a and b

Answer 1

Answer:

A, B and C are correct

Explanation:

An express warranty is a warranty that is clearly expressed. In this case, the salesperson said the paint was heat resistant and could be used for painting the inside of a fireplace.

An implied warranty of fitness for a particular purpose means that the product works or it is fit for a particular use or purpose. In this case, the seller told Dustin that the paint could be used to paint the inside of a fireplace.

The warranty of merchantability is always implied, unless it is expressly disclaimed by the seller or the name of the product (e.g. sold with all faults). This means that the product should be good enough to be bought by an ordinary customer.