Tu-Thumbs Buys a Used Paint Sprayer from the Local Paint

question 45

Multiple Choice

Tu-thumbs buys a used paint sprayer from the local paint store.The sprayer had a large sign on it which said "ASIS." The dealer made no promises or statements concerning the performance of the paint sprayer.When Tu-thumbs attempts to spray paint his house,the trigger on the sprayer sticks in the "on" position and before Tu-thumbs can pull the electrical cord to cut the power,paint is sprayed all over his prize Borzoi dog that is scheduled to be shown in a dog show the next day.Tu-thumbs sues the dealership.Who wins?

• A)Dealer wins; there were no express warranties and all implied warranties have been successfully disclaimed.
• B)Tu-thumbs wins; he can recover on the basis of express warranties.
• C)Tu-thumbs wins; he can recover on the basis of the implied warranty of merchantability because the word "merchantability" was not used in the disclaimer.
• D)Dealer wins; even though there were implied warranties, the damage to the dog could not have been foreseen.

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Definitions:

Income

The amount of money received over a period of time, usually from work or investments.

Slope

A measure of the steepness or incline of a line, typically expressed as a ratio of vertical change to horizontal change.

Monthly Income

The total amount of income earned or received by an individual or household within a month.

Quantities

Amounts or volumes of a product, substance, or item, usually measured or counted.