Fact Pattern 23-A1
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
-Refer to Fact Pattern 23-A1. The court is most likely to rule in favor of
A) Concrete, because Bret's statement was an expression of opinion.
B) Concrete, because DCC chose Concrete's product voluntarily.
C) DCC, because Bret's statement was an express warranty.
D) DCC, because Concrete's product is not fit for its purpose.

Question

Fact Pattern 23-A1 
Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete.
-Refer to Fact Pattern 23-A1. The court is most likely to rule in favor of
A) Concrete, because Bret's statement was an expression of opinion.
B) Concrete, because DCC chose Concrete's product voluntarily.
C) DCC, because Bret's statement was an express warranty.
D) DCC, because Concrete's product is not fit for its purpose.

Quizplus · Accepted Answer

Bret's statement constitutes an express warranty, a promise made by the seller that the product will conform to certain standards, in this case, the range of temperature in which the cement will not crack. DCC relied on this promise and purchased the product, so if the product fails to conform to the express warranty, DCC can hold Concrete accountable for any resulting damages. The fact that DCC voluntarily chose to use Concrete's product and that Bret's statement may be seen as an expression of opinion is irrelevant as regardless of how the parties entered into the transaction, there was an express warranty that was breached.