Sam owns a hardware store, which sells nearly everything. Taylor comes in looking for some paint that will cover the brick faade around his fireplace.

Sam owns a hardware store, which sells nearly everything. Taylor comes in looking for some paint that will cover the brick façade around his fireplace. He explains to Sam that the brick can get warm when a fire is blazing but also it can get very cold when there is no fire and the temperatures outside are below freezing. Taylor asks him what is the best paint for this type of work. Sam takes him over to a certain aisle and points to a certain brand and says, “This paint is great for masonry, brick, and stonework inside and out.”

Melissa comes into the store right after Taylor and Sam greet her with a “how is the project coming along?” Melissa answers, “Oh, you mean the one where I am restoring some of my grandmother’s porcelain pieces?” Sam replies, “Yes, that one.” “I’m just here to get some porcelain glue for this kind of work.” Melissa goes off down the glue and adhesive aisle that Sam points her toward. In addition to purchasing the glue, Melissa also purchases some Christmas lights on the “as is” ½ price table. When she gets home, the lights are not very bright, and one of the lights dims off and on occasionally.

Sam checks Melissa out at the cash register, examining the tube of glue she bought. He doesn’t say a thing other than, “You’re going to use this for porcelain?” Melissa responds, “Yes.” Sam does not respond.

Two days later, both Taylor and Melissa come back complaining that the paint and glue failed miserably. Taylor said that as the paint dried, it chipped off the wall. Melissa said that her porcelain pieces fell apart and crashed to the ground destroying several valuable pieces. Plus, she wants a refund for her Christmas lights.

Check All That Apply:

• Taylor sues Sam in small claims court, arguing that Sam breached an express warranty. Sam claims that it is not his fault that the paint was not the correct paint for the job at hand, and Taylor should have carefully read all the labels before choosing. The court finds for Taylor. Is this a correct decision and is this statement by Sam an expressed warranty?

• Melissa also sues. She claims that Sam violated his express warranty as well, as evidenced by their conversation. Is this argument legitimate?

• Melissa wants a refund on the purchase of the Christmas lights. Sam refuses, claiming that his “as is” sign is a clear disclaimer of implied warranties.