Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller

Exercise 14

Stella bought a cup of coffee at the Roasted Bean Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for thirddegree burns on her thighs, Stella filed a suit against the Roasted Bean. Can Stella recover for breach of the implied warranty of merchantability? Why or why not? (See page 442.)