Question

Joe buys some watermelon seeds from a seed manufacturer's catalog. The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase. The seed turns out to be worthless, and Joe sues the manufacturer for breach of express warranty. You are the attorney representing the manufacturer. Which of the following is your best argument for escaping liability?
A. That a catalog statement cannot create an express warranty.
B. That the basis-of-the-bargain requirement was not met.
C. That the alleged warranty was merely sales talk.
E. That the manufacturer did not give a sample or a model of the seeds.

Answer 1

Answer:

Correct Answer:

E. That the manufacturer did not give a sample or a model of the seeds.

Explanation:

As an attorney of the manufacturer, the best argument in the case between my client and the seed buyer, Joe would be on the fact that, the manufacturer did not give a sample or model of the seeds to Joe to verify if it meets his requirements.

Also, Joe never requested to see sample of the seeds as was standard with buying of agricultural products.