A buyer purchases a new refrigerator from a retailer. During the transaction, the salesperson assures the buyer that the refrigerator is 'perfect for high humidity areas.' The refrigerator is installed in the buyer’s home, but it fails to operate effectively in the high humidity environment, leading to spoilage of perishable food. The buyer discovers later that this particular model is not designed to function reliably in high humidity conditions. The buyer sues the retailer to recover the cost of the spoiled food. Which of the following provides the strongest legal basis for the buyer’s claim?
The retailer breached the implied warranty of fitness for a particular purpose by selling a refrigerator that failed in a high humidity environment.
The retailer violated the implied warranty of merchantability by selling a refrigerator that failed to preserve food.
The retailer breached an express warranty by describing the refrigerator as ‘perfect for high humidity areas.’
The retailer is strictly liable for the defective design of the refrigerator given its poor performance.
The salesperson’s assurance that the refrigerator is 'perfect for high humidity areas' constitutes an express warranty under UCC § 2-313. An express warranty arises when a seller makes an affirmation of fact or promise pertaining to the goods that becomes part of the basis of the bargain. Here, the specific statement about the refrigerator's suitability for high humidity conditions was material to the buyer’s decision to purchase. In contrast, the implied warranty of merchantability under UCC § 2-314 ensures that goods are fit for the ordinary purposes for which such goods are used, but it does not extend to guarantees about performance in specific conditions like high humidity. Likewise, the implied warranty of fitness for a particular purpose under UCC § 2-315 would only arise if the buyer specifically informed the retailer of a unique reliance on its skill or judgment when selecting the refrigerator, which is not clear from the facts.
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What is an express warranty under UCC § 2-313?
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What is the implied warranty of merchantability under UCC § 2-314?
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What are the differences between express warranties and implied warranties?