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Mobley purchased from Century Dodge a car described in the contract as brand new. The contract also contained a disclaimer of all warranties, express or

Mobley purchased from Century Dodge a car described in the contract as brand new. The contract also contained a disclaimer of all warranties, express or implied. Subsequently, Mobley discovered that the car had, in fact, been involved in an accident.

He then sued Century Dodge to recover damages, claiming the dealer had breached its

express warranty that the car was new. Century Dodge argues that it had adequately

disclaimed all warranties.

Did Century Dodge generate and then breach an express warranty? Will Mobley succeed? Why?

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