Question

During contract negotiations, the seller tells the buyer that the oranges "are the sweetest oranges in this part of the state'. The buyer later discovers that statement to be false and sues the seller under a breach of warranty. What is the likely result? O The seller wins because the buyer failed to inspect the oranges by tasting before purchase The buyer wins because the seller breach an express and implied warranty The buyer wins because the seller breached an express warranty The seller wins because the seller's statement did not create a warranty and is mere puffing,

Answer 1

Answer: The seller wins because the seller's statement did not create a warranty and is mere puffing.

Each and every seller tells his products to be good. Seller said that oranges are the sweetest but actually they are not. Delivery , quantity and price can be fixed but sweetness of oranges cannot be given as warranty.

Implied warranty is disclosed in section 14 and 16 of sale of goods Act 1930 and which law implies into the contract. Express warranty is the warranty that is in the knowledge of the parties. In this question, no parties knows about the sweetness of oranges.