Question

Read the summary of the case Daughtrey v. Ashe on page 369 of the Cheeseman textbook (Under "Critical Legal Thinking Cases") and in an original post explain to the class whether or not you think the jeweler in this case made an express warranty or simply offered an opinion with respect to the quality of the diamonds in the bracelet. In an original post explain your opinion on the following questions:

1. Do you think a jeweler's evaluation of a diamond is an opinion or are the standards objective enough that all jewelers would give the same diamond the same quality rating?

2. Since opinions do not create warranties, (a car dealer for example can say, "This is the best car on the lot." and no warranty is created because that is just his opinion) if Daughtrey sues the jeweler for breach of warranty, who do you think will win the case?

3. What should Daughtrey have done differently to better protect himself?

Answer 1

The evaluation of a diamond by jewelers is a combination of opinion and objective standards. In Daughtrey v. Ashe, the outcome of the case depends on whether the jeweler made an express warranty or offered an opinion. Daughtrey could have better protected himself by obtaining a written warranty and seeking a second opinion.

Step-by-step explanation:

The evaluation of a diamond by jewelers can be considered a combination of both opinion and objective standards. While some aspects of diamond grading are subjective, such as the overall visual appeal and beauty, there are also objective criteria that jewelers use, such as the 4Cs (color, clarity, cut, and carat weight). However, there might be variations in opinion among different jewelers due to differing expertise, experience, and personal preferences.In the case of Daughtrey v. Ashe, if the court determines that the jeweler made an express warranty instead of simply offering an opinion about the quality of the diamonds, Daughtrey could potentially succeed in his breach of warranty claim. However, if the court finds that it was only an opinion, no warranty would be created, and Daughtrey would likely not win the case.To better protect himself, Daughtrey could have asked for a written warranty or guarantee from the jeweler regarding the quality and authenticity of the diamonds in the bracelet. Additionally, Daughtrey could have gotten a second opinion from another reputable jeweler before making the purchase.