Question
S, a used car dealer, states to B that the car B is considering purchasing has a completely refurbished transmission. In fact, the transmission has
S, a used car dealer, states to B that the car B is considering purchasing has a completely refurbished transmission. In fact, the transmission has not been refurbished and is in bad shape. B decides to purchase the car and the parties agree to a writing that doesn't mention the transmission and that conspicuously states "THERE IS NO WARRANTY OF MERCHANTABILITY IN CONNECTION WITH THIS TRANSACTION AND THERE ARE NO EXPRESS WARRANTIES THAT ARE NOT STATED IN THIS WRITING." Assume that S's statement about the transmission amounted to an express warranty and that the car was unmerchantable at the time it was delivered to B because of the defective transmission. Can B recover for breach of the express warranty, and can B recover for breach of the implied warranty of merchantability?
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