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In Birdsong V

Question 53

Multiple Choice

In Birdsong v.Apple,Inc.,Birdsong brought a class action suit against Apple,alleging that iPod owners had suffered hearing loss using the iPod earbuds set at the highest decibel level.Birdsong claimed Apple breached an implied warranty of merchantability.The court held


A) In favor of Birdsong because the iPod earbuds were not fit for the purpose of listening to music because they could cause hearing damage.
B) In favor of Birdsong because Apple did not provide a suitable disclaimer.
C) In favor of Apple because class actions are not applicable in a warranty situation.
D) In favor of Apple because the ordinary use of the iPod was to listen to music and the product was fit for that use.

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