Joe Buys Some Watermelon Seed from a Seed Manufacturer's Catalog

question 49

Multiple Choice

Joe buys some watermelon seed from a seed manufacturer's catalog. The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase. The seed turns out to be worthless, and Joe sues the manufacturer for breach of express warranty. You are the attorney representing the manufacturer. Which of the following is your best argument for escaping liability?

• A) That a catalogue statement cannot create an express warranty.
• B) That the basis-of-the-bargain requirement was not met.
• C) That the alleged warranty was merely sales talk.
• D) That the manufacturer did not give a sample or a model of the seed.

---

Definitions:

Melatonin

A hormone produced by the pineal gland that regulates sleep cycles.

Pineal Gland

The pineal gland is a small endocrine gland in the brain that produces melatonin, which regulates sleep patterns and circadian rhythms.

Anterior Lobe

The anterior lobe refers to the front part of an organ or gland, often used in reference to the anterior lobe of the pituitary gland which secretes various hormones.

Luteinizing Hormone

A hormone produced by the anterior pituitary gland that triggers ovulation and controls the menstrual cycle in females, and stimulates sperm production in males.