Alice Is Browsing in a Commercial Art Gallery When She

question 7

Multiple Choice

Alice is browsing in a commercial art gallery when she sees a painting that she likes. Arthur, who is the manager of the gallery, tells her that in his opinion the painting is a genuine Leroy Neiman work. Based upon that representation, Alice buys the work for $5,000. She later discovers that the painting is only a cheap copy of the original that is worth no more than $50. Arthur has:

• A) breached an express warranty to Alice that the painting is a Neiman work.
• B) breached the warranty of merchantability.
• C) not breached a warranty because he was merely expressing his opinion.
• D) breached an express warranty, the warranty of merchantability, and the warranty of fitness for a particular purpose.

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Definitions:

Breach of Contract

The failure to perform as stipulated by the terms of a contract, which can result in legal consequences for the party in breach.

Injunction

A judicial order requiring a person to do or cease doing a specific action, preventing irreparable harm or injustice.

Money Damages

Compensation awarded to a party in a lawsuit for losses or injuries suffered due to the other party's actions or negligence.

Specific Performance

A legal remedy requiring a party to fulfill their obligations under a contract, rather than simply paying damages for failing to do so.