Exam 21: Warranties

An implied warranty of ________ is a warranty that applies to food or drink consumed on or off the premises of restaurants, grocery stores, fast-food outlets, and vending machines.

Under the foreign substance test, if a person were injured by a chicken bone while eating a chicken salad sandwich, then the implied warranty would be breached.

Monty, a career criminal, steals a diamond from Prime Cut Jewelers. He then sells it to Adamas Jewelers, who is unaware of the stolen nature of the diamond. If Prime Cut discovers that the diamond is with Adamas, and reclaims the diamond, what warranty breach can Adamas declare to recover the cost from Monty?

Explain the implied warranty of fitness for a particular purpose.

Under the foreign substance test, the court asks what a consumer would expect to find or not find in food or drink that he or she consumes.

Express warranties are always implied by law.