Question

Samantha visits a hardware store. She purchases an electronic device which allows her to play music in her home. The device can also make phone calls on her cellular phone. It can also search the internet for her and give her answers. The hardware store does not sells any of these devices and only had this one on hand as part of a paint promotion. The salesperson told Samantha to try it out and if she does not like it or has an issues with it, the store will gladly refund her money. Based upon these facts alone, which of the following warranties is most likely to have arisen as part of Samantha's purchase?

a. Limited warranty
b. Express warranty
c. Implied warranty of merchantability
d. Implied warranty of fitness for a particular use

Answer 1

Answer: b. Express warranty

An express warranty is a type of warranty in which a seller explicitly guarantees the quality or characteristics of a product. In this scenario, the salesperson told Samantha that if she does not like the product or has any issues with it, the store will gladly refund her money. This statement creates an express warranty that the product will work as described and that the store will stand behind the product and provide a refund if it does not.

Under the law, an express warranty can be created by a seller's words, actions, or advertisements. When a seller makes an express warranty, they are legally bound to ensure that the product lives up to the warranty. If the product does not meet the warranty, the buyer can sue the seller for breach of warranty and may be entitled to damages.

It is important to note that an express warranty is different from an implied warranty. An implied warranty is a guarantee that the law assumes the seller has made, even if they did not make it explicitly. There are two types of implied warranties: the implied warranty of merchantability, which guarantees that a product is fit for its ordinary purpose, and the implied warranty of fitness for a particular use, which guarantees that a product is fit for a specific purpose that the buyer communicated to the seller.