Has Giant breached its implied warranty of merchantability to Seigel? Why or why not?
Seigel, a seventy-three-year-old man, was injured at one of Giant Food’s retail food stores when a bottle of Coca-Cola exploded as he was placing a six-pack of Coke into his shopping cart. The explosion caused him to lose his balance and fall, injuring himself. Has Giant breached its implied warranty of merchantability to Seigel? Why or why not?
Many cases hold a judgment wherein any contract is not made before a customer checks out at the counter. Later, it was decided by the court that the offer of sale is made by a retailer on displaying the items, while it is accepted under an executory bilateral contract when the purchaser picks it up desiring to make a purchase. Beginning such a moment of sale, all the implied warranties under the Uniform Commercial Code begin to apply. So, Company G is going to be held liable for the damages caused to Individual S.
Yes, the decision is going to be in favor of Individual S since whenever a customer picks a product from a store, with a motive to purchase, the offer of sale by the retailer is accepted by the purchaser.