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

question 37

Multiple Choice

Tu-thumbs buys a used paint sprayer from the local paint store.The sprayer had a large sign on it that said "AS IS." 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:

Empresario

An empresario was a person who had been granted the right to settle on land in exchange for recruiting and taking responsibility for new settlers in areas of Mexico, including Texas, in the 19th century.

Texas Settlement

The process and history of colonization and habitation in the region of Texas, involving various groups including Native Americans, Spanish, and Anglo-Americans.

Anglo-Americans

Individuals of English descent, especially those residing in the United States or those who have significantly contributed to American society and culture.

1820s

The decade spanning from January 1, 1820, to December 31, 1829, characterized by significant cultural, political, and technological changes worldwide.