Warranty Liability Under the UCC Title, Security Interest, and No Infringements

A number of years ago in class, I had a student who purchased a 1993 Nissan Pathfinder from a local used car lot.At the time of sale the odometer read that it had 36,000 miles, a fact confirmed by the salesperson.A few weeks later he began to experience catastrophic problems with the engine, and took it to the local Nissan dealer.When the dealer entered the VIN number into his computer, he found that the last time the vehicle was serviced, it had 85,000 miles on the odometer.

[a] May he sue for breach of an expressed warranty?

[b] What if the salesperson had said that this was the finest Nissan Pathfinder in Northern New York?

[c] If there is a difference, what is the difference between the two statements?