Alice is browsing in a commercial art gallery when she sees a painting that she likes. Arthur, who is the manager of the gallery, tells her that in his opinion the painting is a genuine Leroy Neiman work. Based upon that representation, Alice buys the work for $5,000. She later discovers that the painting is only a cheap copy of the original that is worth no more than $50. Arthur has:
A) breached an express warranty to Alice that the painting is a Neiman work.
B) breached the warranty of merchantability.
C) not breached a warranty because he was merely expressing his opinion.
D) breached an express warranty, the warranty of merchantability, and the warranty of fitness for a particular purpose.

Question

Quizplus · Accepted Answer

Arthur's statement that the painting is a genuine Leroy Neiman work constitutes an express warranty. When the painting turned out to be a fake, this warranty was breached.

Alice Is Browsing in a Commercial Art Gallery When She