Question

Arthur was looking for a Father's Day gift for his dad, Tony. Tony was a cigar smoker but Arthur was a nonsmoker. Arthur went to a cigar store and was looking around when the proprietor suggested Arthur try a new imported cigar. The proprietor touted this new cigar is "as good as Cuban cigars." Arthur was reluctant but did light one of the cigars, which had a pleasant aromatic smell and took about five to six minutes to be consumed. On this basis, Arthur bought a box of the cigars and presented them to his father as a gift. When the father smoked one of the cigars,he enjoyed it but could tell it was a little different from the Cuban cigars he had bought and smoked while vacationing in the Bahamas. Arthur brought the rest of the cigars back to the cigar store and demanded he receive a full refund. Arthur claimed they were not identical to Cuban cigars so the proprietor had breached an express warranty. Decide

Answer 1

No the shopkeeper has not breached the express warranty because he only claimed that it is similar to "C" Cigars but it does not imply that it is same as that product and even his father also said that it is little different only which is not a major difference only a minor one. so "A" cannot claim the full refund from the shopkeeper on the grounds of express warranty.