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Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and that this was the exclusive remedy available against Boone. The dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A support beam was too small and therefore cracked, causing the floor to crack also. These defects could not be completely cured by repair. Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Explain. |
Explanation
In this case, Person B, the seller, has given repair and replacement warranty for any defective goods to the buyer as the exclusive remedy; but the damages that are to be done in the house cannot be cured by just repair and replacement since there was many defects in the construction as well. Here, the sale contract should be modified to allow Person C to claim any remedy available them, in their capacity as a buyer, such as recovery for damages for not delivering quality goods, cover against seller's breach, recovery for damages against breach with respect to accepted goods, and recovery for incidental and consequential damages.
Verified Answer
In this case, Person C should succeed against Person B for breach of warranty since the damages that are present in the house cannot be cured by repair and replacement.
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