Five months later, the paint began to peel, flake, and blister. Catania brings an action against Brown. Decision?
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Catania wished to paint the exterior of his house. He went to Brown, a local paint store owner and asked him to recommend a paint for the job. Catania told Brown that the exterior walls were stucco and in a chalky, powdery condition. Brown suggested Pierce’s shingle and shake paint. Brown then instructed Catania how to mix the paint and how to use a wire brush to prepare the surface. Five months later, the paint began to peel, flake, and blister. Catania brings an action against Brown. Decision? |
Explanation
In such a case, Individual B had a reason to recognize the specific purpose of Individual C. Individual B was also fully aware of the fact that Individual C was relying on Individual B's judgment skills to select the right product. So, an implied warranty, based on fitness for a specific purpose, applies to the sale of the product.
Sample Response
Under the implied warranties of fitness, Individual C is going to prevail in this case. Individual B, as a seller, was aware of all the facts and assisted in selecting the product.
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