Jake, a car salesman, is discussing a particular car with Jones, a customer at Jake’s dealership. Jake tells Jones, “You won’t find a car like this at any price. This car is a crown jewel.” Later Jake says that he bought the car at an auction in Kentucky. Influenced by these statements, Jones buys the car. The bill of sale conspicuously says that the car is being sold “AS IS” and that no warranties or representations concerning the car have been made or given, except as stated in the bill of sale. 

Later, Jones discovers that the car’s brakes are so defective that the car is unsafe to drive. Which, if any, of Jake’s statements are express warranties? Which, if any, have been breached here? Does the language in the bill of sale disclaim any express warranties that might exist? Does the language in the bill of sale disclaim the implied warranty of merchantability? On the assumption that the implied warranty of merchantability has not been disclaimed, is it breached here?