IMPLIED WARRANTIES

Implied Warranties

Name of Writer

Name of Institution

Implied Warranties

The case is about a woman Bettry Remorse, who has just become a home owner for the first time of a two acre land in a rural area of Sedila, Colorado. She wanted to buy a lawnmower, and went to a local lawnmower shop Mower R Us, which is a privately run business by a man named Mr. Cutless, who is operating this business for twenty years. Ms. Remorse has never operated or purchased a lawnmower, so she asked Mr. Cutless that she would like to talk to an expert. Mr. Cutless affirmed her that he has been selling and repairing lawnmowers for more than twenty years, and could answer any of her questions and help her in choosing the right lawnmower for her needs.

Ms Remorse informed Mr. Cutless that she needs a riding mower and does not want to bag the grass clippings. Hence, Mr. Cultless implied her that she buy a riding mulching mower and showed her several of the mowers and explained her about the power, price and functions of the mower. Being a first time buyer, Ms Remorse was surprised that the mowers were so expensive and agreed to buy a refurbished riding mower for 15% less than the new mowers.

After using the mower for the first time, she observed that the lawnmower was not cutting the grass well and the clippings were not being mulched into fine pieces, and was overall quite displeased by the performance of the mower. After explaining this to Mr. Cutless, he told her that the mower she bought was not a mulching mower, and there store has a not refund policy. He would only be able sharpen the blades of the mower and that too for a fee of $75. Ms Remorse was quite upset and did not want a mower that does not meet her needs and bought the case into legal action.

The case presented above is that of implied warranties, which has several connotations and obligations both for the buyers and the sellers of consumer goods, and comes under the Implied Warranty Act (Lawyers.com).

However, the case discussed above is over the fitness of the product itself and falls under the implied warranties of fitness for a particular purpose, in which a seller makes a promise that the buyer is making the decision to buy a product based solely on seller advice about its usage for a particular purpose. For example, assume that a computer vendor is asked by a customer about a computer that is capable of performing the graphical work that the customer does. If the vendor recommends a particular model, and the customer buys that model on the strength of his recommendations, the law says that he has made a warranty of fitness for a particular purpose. If the model he recommended proves unable to perform the graphical work that the customer require, even though it may effectively handle all the other relative work in an efficient manner, ...