Question
[Defective Computer] Carmen went to buy a new computer from ABC Computer Sales. The manager, Jared, told her that ABC carried the best computers in
[Defective Computer] Carmen went to buy a new computer from ABC Computer Sales. The manager, Jared, told her that ABC carried the best computers in the state and perhaps even in the country. Unfortunately, after Carmen bought the computer and took it home, she discovered that it had a number of problems. When she took it back to the store, Jared told her that he was sorry, he was simply giving his opinion when he sold her the computer, and that the store never offers any kind of express or implied warranty on products. Jared told her that is why he never mentioned warranties - because they were not provided. Based on Jareds statement that the store carried the best computers in the state, and perhaps even in the country, which of the following would be the result in Carmens suit?
Multiple Choice
She would win so long as the store cannot prove that Carmen knew Jared was just giving his opinion.
She would win so long as she can prove that she did not know that Jared was only giving his opinion.
She may rely on the statement and win because it was made by Jared in his capacity as a manager, not by an uninformed sales clerk.
She would lose because Jared was only expressing his opinion. She would lose because a consumer good was involved.
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