On October 1,2009,Dave purchased four new tires for his truck.Each tire came with a four year or 40,000 mile warranty.After driving on the tires for exactly 3 years and 25,000 miles,he discovered a defect.Assuming Dave discovered the defect in a reasonable amount of time,when would he need to bring his claim for breach of warranty?
A)Within four years from October 1,2009
B)Within four years from October 1,2012
C)Within four years from October 1,2013
D)Dave is already too late to bring his claim

Question

Quizplus · Accepted Answer

Normally,a breach of warranty is considered to have occurred when the goods are delivered to the buyer.However,if the warranty covers future performance of goods (e.g. ,a warranty on a tire for four years or 40,000 miles),then the breach occurs at the time the buyer should have discovered the defect in the product.In this case,Dave would have four years from October 1,2012 (the date the buyer should have discovered the defect),to bring his claim for breach of warranty.

On October 1,2009,Dave Purchased Four New Tires for His Truck