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Read the following scenario and answer the question in 5-10 sentences. Your company manufactures and sells...

Read the following scenario and answer the question in 5-10 sentences.

Your company manufactures and sells a variety of personal care products such as hair dryers and curling irons. Every hair dryer is properly labeled and contains safety precautions against misuse. Patrick purchases an SF9000 hair dryer from your company website. After a month of use where the hair dryer functions properly, Patrick accidentally drops it in water causing him an electric shock. Patrick sues your company for breach of the implied warranty of merchantability. Discuss whether the implied warranty of merchantability exists for this product and whether it has been violated in this situation.

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Answer #1

In the case mentioned, implied warranty of merchantability doesn't exist as the product has not been used or handled properly. Along with the hair dryer in a box, there is an instruction leaflet which mentions in detail do's and don'ts about the product. It is always clearly mentioned for all electrical goods to keep it away from water source as electricity in water can give shock. The issue has happened due to carelessness of buyer and manufacturer has no fault in the case. Buyer cannot sue the company for their own mistake. The safety precaution violation is the issue of the buyer itself. So, implied warranty of merchantability is not violated in this case.

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