Is Montgomery Ward liable under a warranty and/or strict liability cause of action? Explain.

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Is Montgomery Ward liable under a warranty and/or strict liability cause of action? Explain.

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Vlases, a coal miner who had always raised small flocks of chickens, spent two years building a new two-story chicken coop large enough to house four thousand chickens. After its completion, he purchased two thousand two hundred one-day-old chicks from Montgomery Ward for the purpose of producing eggs for sale. He had selected them from Ward’s catalog, which stated that these chicks, hybrid Leghorns, were noted for their excellent egg production. Vlases had equipped the coop with brand-new machinery and had taken further hygiene precautions for the chicks’ health. Almost one month later, Vlases noticed that their feathers were beginning to fall off. A veterinarian’s examination revealed signs of drug intoxication and hemorrhagic disease in a few of the chicks. Eight months later, it was determined that the chicks were suffering from visceral and ocular leukosis, or bird cancer, which reduced their egg-bearing capacity to zero. Avian leukosis may be transmitted either genetically or by unsanitary conditions. Subsequently, the disease infected the entire flock. Vlases then brought suit against Montgomery Ward for its breach of the implied warranties of merchantability and of fitness for a particular purpose. Ward claimed that there was no way to detect the disease in the one-day-old chicks, nor was there medication available to prevent this disease from occurring. Is Montgomery Ward liable under a warranty and/or strict liability cause of action? Explain.

Explanation & AnswerSolution by a verified expert

Explanation

The buyers of the sale contract are safeguarded from any damages of the goods sold by the sellers. The goods sold by Company W does not meet the commercial standards and the tenacity of the purchase made by Individual V. Company W, as the seller of the contract, becomes liable for the low-quality commodity even if the disease is unidentifiable at the time of sale.

Verified Answer

Judgement would be in favor of Individual V based on the clause of implied warranty of merchant ability and fitness. The disease of the Animals C makes them not suitable to be sold by the seller. The purpose of purchase by Individual V was to sell the Foods E. However, the Animals C did not have the ability to lay Foods E. The disease is genetically transmitted,and the Animals Chad the disease even before the sale,which makes them a low-quality commodity. Company W is liable for the sale of unfit commodity to Individual V.

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