Question

Ibtihal occasionally had garage sales at her home, and also sells a few items each month on Ebay. In one garage sale, she sold a defective ice cream maker to Brian. When Brian tried to use the device, he received a severe electric shock. Ibtihal had no idea the machine was defective. She had never used it, and it was still in its original box. If Brian brings a warranty claim against Ibtihal for selling him the defective appliance, who prevails?

Answer 1

Answer:

Brian prevails because the product has a warranty for some months or years.

Explanation:

Therefore, Ibtiha, though did not know about the defectiveness of the Ice Cream Maker sold to Brian is bound by law to replace or repair the defect device depending on what was contained in the warranty.

A warranty is a type of guarantee, usually a written guarantee for a product, that a manufacturer or similar party makes regarding the condition of its product. It also refers to the terms and situations in which repairs or exchanges will be made if the product does not function as originally described or intended.

However, a warranty holds the maker of the product responsible to repair or replace a defective product or its parts, thereby Brian prevails as Ibtihal will be made to comply with the provisions of the warranty.

Answer 2

Answer:

Ibithal will prevail

Explanation:

If Ibithal never used the ice cream maker, this case does not refer to seller  warranty, not even implied warranty. Defective products that cause personal injuries result in product liabilities, and manufacturers are responsible for them. Brian should not sue Ibithal, he should be suing the ice cream maker manufacturer because his injury was caused by manufacturing or design defects in the product itself.