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Thompson Buys a Used Paint Sprayer from the Local Paint

Question 28

Multiple Choice

Thompson buys a used paint sprayer from the local paint store.The sprayer had a large sign on it which said "AS IS." The dealer made no promises or statements concerning the performance of the paint sprayer.When Thompson attempts to spray paint his house,the trigger on the sprayer sticks in the "on" position and before Thompson can pull the electrical cord to cut the power,paint is sprayed all over the neighbor's house and prize Borzoi dog that is scheduled to be shown in a dog show the next day.Thompson sues the seller.Who wins?


A) Dealer wins; there were no express warranties and all implied warranties have been successfully disclaimed.
B) Thompson wins; he can recover on the basis of express warranties.
C) Thompson wins; he can recover on the basis of the implied warranty of merchantability because the word "merchantability" was not used in the disclaimer.
D) Thompson wins; he can recover on the basis of either express or implied warranties.

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