Question

Peter Jimenez, a free-lance gaming consultant and blogger, was in need of a new gaming system for his business. After some lengthy review, Peter decided to purchase a Sony PlayStation 4 system for his business needs. Weeks after the one-year warranty expired, Peter’s Sony PlayStation 4 failed to operate due to a flaw in the product manufacture. Peter sued Sony, making the argument that the gaming system should have lasted “at least a couple of years,” which Peter viewed as a reasonable consumer expectation for such an expensive gaming system. Peter argued that Sony’s description of the gaming system as “most reliable”, and “durable”, were affirmative statements concerning the quality and performance of the gaming system, which Sony did not meet. How should the court rule? Why?

Using the IRAC method

- Key Facts and Issues

A free-lance gaming consultant and blogger named, Peter Jimenez, decided to purchase a Sony PlayStation 4 system for his business needs. Weeks after the one-year warranty expired, Peter’s Sony PlayStation 4 failed to operate due to a flaw in the product manufacture. Peter sued Sony, making the argument that the gaming system should have lasted “a couple of years,” which he viewed as a consumer expectation for such an expensive gaming system. Peter argued that Sony’s description of the gaming system as “most reliable” and “durable,” were affirmative statements concerning the quality and performance of the gaming system, which Sony did not meet.

- Rules of Law that apply to this case:

Express Warranty????

-The Application of these Rules of Law to the Facts of this case:

-Conclusion:

Answer 1

Issue: Did the Sony PlayStation meet the conditions under UCC or is there an expressed warranty that would make the court to rule in favor of Peter?

Analysis: Expressed warranty is the warranty a seller creates with words or actions and an expressed warranty is created under UCC when the seller clearly indicates to a buyer that the goods being sold will meet certain standards.

Analysis: In this case Sony has clearly stated while selling the PlayStation to Peter that it is ‘most reliable’ and ‘durable’. These descriptions are enough to create an expressed warranty under UCC and it provides a reasonable consumer expectation that the PlayStation will last for couple of years based on the quality offered by Sony. A reliable and durable product should obviously last for more years without manufacturing failures. Hence Sony has breached the expressed warranty.

Rule: The court would rule in favor of Peter and ask Sony to provide the monetary damages.