Ann chipped a tooth on a peach pit while eating a can of mixed fruit.She wants to sue the manufacturer of the fruit mix.Which of the following would be the manufacturer's best defense?
A)That food products do not come with an implied warranty of merchantability.
B)That no express warranty was made.
C)That no implied warranty of fitness for a particular purpose was made.
D)That the presence of the peach pit should not have been unexpected.
E)That the injury was minor.

Question

Quizplus · Accepted Answer

As indicated in the Webster v.Blue Ship Tea Room,Inc.case in the textbook addressing the implied warranty of merchantability,in cases where the buyer should expect a problem,the buyer must be prepared to accept the situation.

Ann Chipped a Tooth on a Peach Pit While Eating