Ronald Anders, a selfemployed construction contractor, went to a Home Depot store to buy lumber for a construction project.It was raining, so Anders bought a tarp to cover the bed of his pickup truck.To secure the tarp, Anders bought a bag of cords made by Bungee International Manufacturing Corp.The printed material on the Bungee bag included the words "Made in the U.S.A." and "Premium Quality."To secure the tarp at the rear of the passenger's side, Anders put one hook into the eyelet of the tarp, stretched the cord over the utility box, and hooked the other end in the drainage hole in the bottom of the box.As Anders stood up, the upper hook dislodged and hit him in the left eye.Anders filed a suit in a federal district court against Bungee and others, alleging in part breach of express warranty.Anders alleged that the labeling on the bag of cords was an express warranty that "played some role in [his] decision to purchase this product."Bungee argued that, in regard to the cords' quality, the statements were puffery.Bungee filed a motion for summary judgment on this issue.Will the court grant the motion?Why or why not?

This is my answer at this point -

Express Warranty is a statement of fact that the buyer make to the seller. In this case the bungee cord was to be "Made in the U.S.A." and "Premium Quality" according to the package label. This creates an express warranty as these are facts that could be proven. Puffery is an opinion and creates no warranty, which is what Bungee International is claiming. In cases, some statements could be implied differently such as in this case, "Premium Quality." How can this be proven as fact, but a purchaser relied on this information and in part this is why he purchased this bungee cord. Anders took this as a factual statement. Courts tend to look at reasonability of reliance on a statement as criteria for deciding cases. Written statements are generally given more credibility than oral statements.

Bungee requests the court Motion for Summary Judgement, which is asking the court not to proceed to trail and use the pleadings as basis for the decision. This can only be granted if no facts are in dispute.

I am not sure if the court would grant summary judgment or not - I am inclined to say NO because the way I see it there is an issue as to what is premium quality and more information would need to be presented to support the claim. Therefor the case cannot be decided on the pleadings only. Thank you for clarification and directive help.