Question
Business law teacher Penny is very sensitive about her upcoming 40 th birthday. Her students decide to surprise her with a cake. On behalf of
Business law teacher Penny is very sensitive about her upcoming 40th birthday. Her students decide to surprise her with a cake. On behalf of her class, Brent, a student, goes to the bakery and orders a cake that says "Happy Birthday - You Look Great!" The salesclerk said that there was no problem in having the cake ready and that it should make the birthday girl feel great. Brent was in a big hurry when he went to pick up the boxed cake. Although the salesclerk asked Brent to take a look at the cake, he declined. Unfortunately, when the cake was opened up in class, the icing said "Happy Birthday - You Look Gray!" The students were mortified, and Penny angrily left the room vowing to give a difficult final. Which of the following is true regarding what warranties the bakery breached, if any?
a. Because food was involved, no warranties were made
b. The bakery breached the warranty of merchantability and is liable for damages
c. Because the salesclerk promised that the cake would make the birthday girl feel great, the bakery breached the implied warranty of fitness for a particular purpose and is liable for damages.
d. Because the salesclerk promised that there would be no problem with the cake, the bakery breached an express warranty and is liable for damage
e. Because Brent failed to inspect the cake, he waived implied and express warranties
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