Warranty for a Particular Purpose (Essay Sample)

Warranty for a Particular Purpose
Student’s Name
Institution
Date
Warranty for a Particular Purpose
Issue
The issue at hand involves a farmer, Bob and a clerk at Piggly Wiggly Hardware Store. Bob visits Piggly Wiggly Hardware Store with a purpose of buying some rope. Bob wants to use the rope to tie around some boulders in his fields and subsequently drag them closer to his barn using his truck. He is aware that the each boulder’s weight is nearly 500 pounds. He tells the clerk he meets at the store that he needs to purchase a bundle to strong rope and requests the clerk to suggest a brand. In response, the clerk recommends a brand known as “Tough Tie” claiming he has never encountered or witnessed any complaints from customers in the 10 years he has sold the brand in his store.
Consequently, Bob purchases the rope the rope. However, while in the process of pulling the first boulder up the field, the rope breaks and ends up crushing expensive plows located at the bottom of the hill. Bob is furious and calls Piggly Wiggly hardware to complain. However, a different clerk responds and explains to Bob that the rope is only guaranteed to lift or pull a maximum of 200 pounds. Bob, other than being a farmer is also a part-time lawyer and issue a threat to sue for breach of Warranty for a particular purpose. However, the clerk who is also a part-time lawyer laughs off the matter and claims that Bob does not have a leg to stand on with his threats to sue.
Rule
The implied warranty of fitness for given purpose is stipulated in the Uniform Commercial Code (Twomey, Jennings, Fox & Anderson, 2008). The warranty applies if a given seller recommends a particular good or item to a buyer for purchase when he or she is aware or has a reason to be aware of the specific purpose the buyer will use the good or item for. If a given seller is aware of how the goods are to be used by the buyer, the seller guarantees that the goods will serve their purpose (Twomey, Jennings, Fox & Anderson, 2008). The logic behind the implied warranty of fitness is one whereby a buyer of a good relies on a particular seller’s skill or expertise to assist them in identifying a good which will meet his or her need.
As a warranty becomes an issue once a buyer is dissatisfied, a seller may try to limit the scope of the particular warranty he or she implies before a problem arises. The U.C.C allows sellers to refute implied warranties on items they sell to buyers with precise limits. However, the U.C.C does not give certain guidelines on how warranties are refuted or disclaimed (Miller, 2015). The core purpose of U.C.C is to make easier business transactions and claims that if sellers want to refute a warranty, then he or she should do so in a construed and reasonable manner (Miller, 2015). In addition, a seller who wishes to refute U.C.C warranties then he or she should do so specifically. Such statements as “there exist no implied warranties” is mostly ineffective (Miller, 2015). Furthermore, U.C.C expects disclaimers or sellers who wish to refute implied warranties to express it in the form of writing. However, a warranty disclaimer which is hidden in a three-page sales print contract is not subject to enforcement as the U.C.C expects a disclaimer to be conspicuous (Miller, 2015).
Application
The facts in the case between Bob and the client at Piggly Wiggly Hardware store include:-
1 Bob was generally looking to buy a strong rope
2 The clerk at that time recommends a brand based on not having experienced complaints from customers who have used that brand before.
3 The clerk was not aware that that the rope was to going to be used to lift 500 pounds of boulder weight as opposed to opposed to a maximum of 200 pounds yet goes ahead to guarantee the brand to Bob.
According to The implied warranty of fitness for given purpose, applies if a gi