Tire Depot sells Jake a tire for his car,warranting it to be four-ply construction.Jake unintentionally drives over a nail,which punctures the tire.The tire goes flat and Jake discovers that the tire is really only two-ply.Jake promptly notifies Tire Depot of the breach.Which of the following is the likely result?
A)Jake cannot recover because the difference between two-ply and four-ply tires is immaterial for the purpose of his purchase.
B)Jake is entitled to a new four-ply tire.
C)Jake has to give the tire back and is entitled to a refund from Tire Depot.
D)Jake is entitled to keep the tire and recover from Tire Depot the difference in value between a two-ply and a four-ply tire.

Question

Quizplus · Accepted Answer

If a buyer accepts defective goods and wants to hold the seller liable,the buyer must give the seller notice of the defect within a reasonable time after the buyer discovers the defect [2-607(3)].Where goods are defective or not as warranted and the buyer gives the required notice,she can recover damages.The buyer is entitled to recover the difference between the value of the goods received and the value the goods would have had if they had been as warranted.She may also be entitled to incidental and consequential damages [2-714].

Tire Depot Sells Jake a Tire for His Car,warranting It