Bob what kind of mileage the used Accord gets. “You know those Accords,” says Bob. “They’re like camels.” If you purchase the Accord, has Bob made an express warranty?

Answer the following problems:

Problem 8.1:
a. You just sold your law school classmate a computer (complete with monitor) that you had owned for three months. A week after the sale, your classmate complains that the characters on the monitor fade noticeably after about 20 minutes. You had never noticed this when you used
the computer. Have you breached the implied warranty of merchantability? U.C.C. § 2-314.

b. Same facts as part a., except that you knew about the fading problem and did not mention it
prior to the sale. Have you breached the implied warranty of merchantability? Are you liable on
some other theory? U.C.C. §§ 2-314, 1-304, 1-201(b)(20), 2-103(1)(b), Official Comment 3 to § 2-
314, Official Comment 1 to § 1-304.
c. Same facts as part a., except that you knew about the fading problem and not only did you not
mention it, you told your classmate that this computer was “super.” Have you breached an express warranty? Are you liable on some other theory? U.C.C. §§ 2-313, 1-103(b), Official
Comments 3 and 8 to § 2-313.

d. Same facts as part a., except your law school classmate bought the used computer not from you,
but from your law school, which holds an annual sale of used computers. Has the law school breached the implied warranty of merchantability? U.C.C. §§ 2-314, 2-104(1), Official Comment
3 to § 2-314, Official Comment 2 to § 2-104.
Problem 8.2:
a. Bob Sinclair owns a used-car lot, Bob’s Affordable Wheels. You just graduated from college and
visit Bob’s with an eye to finding a car in the $10,000 price range. You spot a used Honda Accord
for $9,900 and ask Bob about the car. “She’s a humdinger, all right,” says Bob. If you purchase
the Accord, has Bob made an express warranty? If so, what is its content? U.C.C. § 2-313.
b. Same facts as part a., except that you are particularly concerned about gas mileage, so you ask
Bob what kind of mileage the used Accord gets. “You know those Accords,” says Bob. “They’re like camels.” If you purchase the Accord, has Bob made an express warranty? If so, what is its
content? U.C.C. § 2-313.
c. Same facts as part a., except that you bring your mother with you to Bob’s, because your
mother knows a lot more about cars than you do. Your mother tells you that the used Accord is
a good bet because it gets such good gas mileage. Just to be sure, you ask Bob about this
particular Accord’s gas mileage, and he gives you the “like camels” line. Has Bob made an
express warranty? U.C.C. § 2-313, Official Comment 3 to § 2-313.
d. Same facts as part a., except that as soon as you come in, you tell Bob that the most important
thing for you is to buy a car that gets good gas mileage. “Then I’ve got just the car for you, young
man,” Bob tells you, and shows you the used Accord. Has Bob made an express warranty to
you? Has he made any other type of warranty? U.C.C. §§ 2-313, 2-315.
e. Same facts as part a., except that right after you give Bob the check for $9,900 but before you

leave his lot, you tell him, “By the way, I forgot to ask you about gas mileage. That’s extremely
important to me. Does this car get good mileage?” Bob replies, “Son, I promise that this car will give you at least 30 miles per gallon in the city.” Has Bob made an express warranty? U.C.C. §§
2-313, 2-209, Official Comment 7 to § 2-313.
f. Same facts as part a., except that before buying the car, you ask Bob whether it comes with a
warranty. “You bet, son,” says Bob, who then hands you a six-page warranty that you do not
bother to read on the spot. Two days later, as you read the warranty, your eyes light up when
you get to the part about gas mileage. “Great,” you tell yourself, “this says that the car will get
at least 30 miles per gallon in the city.” Has Bob made an express warranty concerning the gas
mileage? U.C.C. § 2-313.
Problem 9.2:
A manufacturer of lawn mowers brought your law firm a new case. The case involves a rider mower that
had been built by this manufacturer and then sold to the ultimate buyer, Jack Reilly, by a separate
retailer. Jack’s adult son, Tom, was driving the mower while cutting an elderly neighbor’s lawn as he
regularly did as a favor for her when the brakes on the mower failed and Tom smashed into the
neighbor’s garage. Tom was hurt and incurred hospital bills of over $20,000. Although the neighbor, Erin
Clark, was not hurt, her garage suffered damages of $6,000. Tom, who is uninsured, is suing the retailer
on a breach of implied warranty theory (the tort statute of limitations has expired, but the U.C.C. statute
of limitations has not), seeking recover both for his personal injury and for the property damage to Erin
Clark’s garage, which her lawsuit is asking him to pay.
a. See facts. How should this case come out in a jurisdiction that has adopted Alternative A to § 2-
318? U.C.C. § 2- 318, Alternative A; Official Comment 3 to § 2- 318. How about in an Alternative
B jurisdiction? U.C.C. § 2- 318, Alternative B.
b. Same facts, except that Tom is suing the manufacturer for breach of warranty. How should this
case come out in an Alternative A jurisdiction? U.C.C. § 2-318, Alternative A. How about an
Alternative B jurisdiction? U.C.C. § 2-318, Alternative B; Official Comment 3 to § 2-318.
c. Same facts, except that Erin Clark also suffered personal injury. Can Erin recover from the
retailer in an Alternative A jurisdiction? U.C.C. § 2-318, Alternative A. How about an Alternative
B jurisdiction? U.C.C. § 2-318, Alternative B.

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