Business Law II

Please answer question 6. Thank you.

In which of the following circumstances was the implied warranty of merchantability breached? In defendant's restaurant, plaintiff bought a martini with an unpitted olive. Plaintiff broke a tooth when he attempted to eat the olive. Plaintiff is bitten by a spider concealed in a pair of blue jeans sold by defendant's store. Seller sold cattle feed that contained the female hormone stilbestrol. It causes cattle to grow more rapidly than normal but also causes abortion in pregnant cows and sterility in bulls. The plaintiff farmer raises cattle for breeding rather than for slaughter, so he sues. The label on the cattle feed package did not mention that it contained stilbestrol. Plaintiff bought and used a power lawn mower. While the plaintiff was mowing, an unknown object was hurled out the grass chute and penetrated the eye of plaintiff's five-year-old son. Plaintiff's Ford Pinto's gas tank exploded on impact. Plaintiff bought a cookbook from defendant retail book dealer. Four days later, while following a recipe in the book, plaintiff are a small slice of one of the ingredients, a plant commonly known as elephant's ear, and became violently ill. Plaintiff sued for breach of the implied warranty of merchantability. Plaintiff bought a product that caused her to have an allergic reaction. Stewart, a practicing dentist, sold his 42-food Trojan yacht to Smith for $52,000. Three days after delivery of the boat, Smith notified Stewart that one of the boat's fuel tanks was leaking and requested that the condition be remedied at Stewart's expense. When Stewart refused, Smith sued Stewart for breach of the warranty of merchantability. Should Smith recover? Explain. Pat, the buyer of a tractor and backhoe, sued the seller for breach of the implied warranty of merchantability. The sales contract contained the following: The equipment covered hereby is sold subject only to the applicable manufacturer's standard printed warranty, and no other warranties, express or implied, including the implied warranty of merchantability, shall apply