Question
Susan buys a new Toyota. Like her last Toyota, this one has a loose driver's side window that rattles when the window is partially open.
Susan buys a new Toyota. Like her last Toyota, this one has a loose driver's side window that rattles when the window is partially open. This annoys Susan, but she puts up with it for 75,000 miles. After Toyota refuses to fix the window for free because Susan's warranty has expired, she sues Toyota under the implied warranty of merchantability. Select the best answer:
A. | Susan will win because she has evidence that the loose window is a repeat problem in Toyota cars. | |
B. | Susan will not recover because a good does not have to be perfect to be merchantable. | |
C. | Susan will not recover because this defect did not render the car unfit for its ordinary purpose of transporting Susan here and there. | |
D. | Both B & C are correct. |
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