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Vito Gasparino, a free - lance gaming consultant and blogger, was in need of a new gaming system for his business. After some lengthy review,

Vito Gasparino, a free-lance gaming consultant and blogger, was in need of a new gaming system for his business. After some lengthy review, Vito decided to purchase a Nintendo Switch gaming system for his business needs. Weeks after the one-year warranty expired, Vitos Nintendo Switch failed to operate due to a flaw in the product manufacture. Vito sued Nintendo, making the argument that the gaming system should have lasted at least a couple of years, which Vito viewed as a reasonable consumer expectation for such an expensive gaming system. Vito argued that Nintendos description of the gaming system as most reliable, and durable, were affirmative statements concerning the quality and performance of the gaming system, which Nintendo did not meet. How should the court rule? Why?

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