Question

Paul Parrino purchased from Daves Professional Wheelchair Service a wheelchair manufactured by 21st Century Scientific, Inc. The sales brochure from 21st Century Scientific stated that the wheelchair woulds erve [the buyer] well for many years tocome. Parrino had problems with the wheelchair within a few years and filed suit against Daves and 21st Century for breach of express warranty. Both defended on the grounds that the statement on years of service was puffery, not an express warranty. Are they right?

Answer 1

In this case, 21st Century would probably win the lawsuit since its brochure never stated a specific amount of time, for example, 3, 5, or 10 years. So it cannot be considered an express warranty. Besides, the fact that the wheelchair actually lasted a few years (doesn't specify how many), it is more than consumer protection laws generally require.