Question
On May 1, 2003 Seller contracts to sell Buyer a toaster that it warrants for five years. On May 5, 2003, Seller delivers the toaster
On May 1, 2003 Seller contracts to sell Buyer a toaster that it warrants for five years. On May 5, 2003, Seller delivers the toaster to Buyer. The toaster self-destructs on April 30, 2004, but Buyer is out of town and does not discover (and could not have discovered) this until May 3, 2004. Buyer does not sue Seller until May 6, 2007. Has Buyer sued within the time period permitted by Article 2's statute of limitations?
A. | No, because the lawsuit was filed more than 4 years after Seller purchased the toaster. | |
B. | No, because the lawsuit was filed more than 4 years after Seller delivered the toaster. | |
C. | Yes, because the lawsuit was filed within 4 years after Buyer discovered the toasters defect. | |
D. | Yes, because the toaster was still under its five year warranty. |
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