Marcos backyard pool, which measured 35 feet by 18 feet, needed a new filter. A sales brochure

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Marco’s backyard pool, which measured 35 feet by 18 feet, needed a new filter. A sales brochure stated, “This filter will keep any normal backyard pool, up to 50 feet by 25, clean and healthy all summer for a minimum of 5 years.” Marcos signed a sales contract, which included this disclaimer: “The filter will work to normal industry standards. This is the only warranty. No other statements, written or oral, apply. Pools vary widely, and the Seller cannot guarantee any specific level of performance or cleanliness. Buyer agrees to this disclaimer.” The filter failed to keep Marco’s pool clean, and he sued for breach of warranty. Who should win?  

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Introduction To Business Law

ISBN: 9781337404341

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Abril

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