Gavin goes to Sam’s Snowland to purchase a snowmobile. The salesperson shows him the ZX-3000 model snowmobile that has many features Gavin likes. Gavin buys that model of snowmobile, asking it be delivered to his home. The language in the sales contract does not mention any warranty. When the snowmobile is delivered, Gavin is upset to discover it is a ZX-2000, which he does not like as much as the model he saw in the store. He sues Sam’s Snowland, claiming it breached its express warranty. Sam’s Snowland denies altogether that it made any express warranty to Gavin.
How should the judge rule?
- A. For Gavin, because an express warranty was violated.
- ANSWER "A" IS CORRECT. The words “warranty” or “guarantee” do not specifically have to be used in order for an express warranty to be created. When the salesman showed Gavin the ZX-3000, that particular snowmobile became the basis of the bargain that Gavin made with Sam’s Snowland. In effect, Sam’s Snowland was promising that the ZX-3000 was the particular model that Gavin would receive upon delivery. Therefore, Gavin should prevail in his lawsuit brought for breach of express warranty.
- B. For Sam’s Snowmobile, because no warranty was mentioned in the sales contract.
- ANSWER "B" IS NOT CORRECT. Please try again.