Question

Does Dr. Chen's website make any express warranty on the saffron extract or its effectiveness in causing weight loss? Does the implied warranty of merchantability apply to the purchase of the supplements? Does Dr. Chen's sale of saffron breach the implied warranty of fitness for a particular purpose?

Answer 1

Solution and Explanation:

1. Yes, Dr. Chen's website is not making an express warranty as he is not promising any refund or guarantee a replacement in case the saffron extract is not giving the desired results. He is just claiming the benefits of using the saffron extract which will aid in weight loss.

2. No the implied warranty of merchantability will not apply to the pure saffron extract as it was sold as a weight loss supplement which is not guaranteed by saffron as a product. The inherent quality of saffron does not aid weight loss and the properties of saffron are not aiding weight loss. Hence the implied warranty of merchantability does not apply for saffron extracts. Saffron is good and fit for the ordinary purpose for which saffron is normally used.

3. Yes the Dr. Chens sale of saffron extract has breached the implied warranty for fitness for the saffron extract aiding weight loss because:

• Dr. Chen was aware of the purpose for the saffron extract was being bought i.e to aid weight loss.

• Milan was depending on the advice and skills of Dr. Chen when she bought the saffron extract which was to aid weight loss. Milan had bought the saffron extract because of the judgment of the seller here Dr. Chen who stated it would aid weight loss.