Fact Pattern 17-1 (Questions 17-18 Apply)

question 11

Multiple Choice

Fact Pattern 17-1 (Questions 17-18 apply)
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company (DCC) that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
-Refer to Fact Pattern 17-1.The court is most likely to rule in favor of

• A) Concrete, because Bret's statement was an expression of opinion.
• B) Concrete, because DCC chose Concrete's product voluntarily.
• C) DCC, because Bret's statement was an express warranty.
• D) DCC, because Concrete's product is not fit for its purpose.

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Definitions:

Carbon Monoxide

A colorless, odorless toxic flammable gas formed by incomplete combustion of carbon.

Nicotine

A stimulant and addictive substance found in tobacco plants, commonly used in cigarettes and vaping products.

Tar

A dark, thick, and sticky liquid or semi-solid material derived from the distillation of organic matter, used in road construction and as a waterproofing agent.

Atomic Bombs

A weapon of mass destruction that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion.