1.
Patrick purchased a car from ABC Auto Sales. The contract described the vehicle as
brand new, and contained a statement that all warranties, express or implied, were
disclaimed. After he bought the vehicle, he took it to his mechanic to be serviced and
learned that the car had been involved in a previous accident.

Patrick sued ABC Auto Sales to recover damages, claiming the dealer had breached its
express warranty that the car was new. ABC argued that it had specifically disclaimed all
warranties in the contract of sale.

 Did ABC create and then breach an express warranty? Will Patrick succeed?
Why?

Question 2
Petunia purchased a beautiful ball gown from Katie’s Dress Emporium. The dress was
made by Luxury Garments, Inc. When Petunia bought the dress, the salesclerk told her,
“This beautiful dress will really turn some heads.” Petunia’s house-guest, her daughter-
in-law Violet, asked Petunia if she could wear the gown to a swanky poker party hosted
by a local company to raise money for a new community center. Petunia agreed. At the
event, Violet brushed against a lit candle on one of the tables. Neither Petunia nor
Violet, who was wearing the dress, knew that the garment was made of a highly
flammable fiber. The dress burst into flames, and Violet suffered severe burns. Petunia
notified Katie of the accident and of Violet’s intention to recover damages from Katie.
Can Violet recover damages from Katie, the proprietor of the dress shop, and Luxury
Garments, Inc., the manufacturer from which Katie purchased the skirt:

a. In a breach of warranty cause of action? Why? What warranties are at issue?
b. In a strict product liability cause of action? Why?