A consumer purchased a new refrigerator from a local appliance store. During the sale, the salesperson stated that the refrigerator would 'keep food fresh for at least two weeks without any problems.' After the purchase, the refrigerator failed to maintain a stable temperature, and food spoiled within days. The buyer sued the appliance store for breach of warranty based on the salesperson’s statement. Under the UCC, which warranty is most likely implicated in this situation?
An implied warranty of merchantability, because the refrigerator was unable to perform its basic function of keeping food fresh.
An express warranty, because the salesperson’s assurance about keeping food fresh became part of the basis of the bargain.
An implied warranty of fitness for a particular purpose, because the buyer purchased the refrigerator based on the salesperson’s statement.
No warranty applies, because the salesperson’s statement was not written into the purchase agreement.
The correct answer is based on an express warranty. Under the UCC, a seller creates an express warranty by making any affirmation of fact or promise about the goods that becomes part of the basis of the bargain. Here, the salesperson explicitly stated that the refrigerator would keep food fresh for two weeks, which satisfies the requirement for an express warranty. The implied warranty of merchantability is incorrect because it addresses whether the goods are fit for ordinary purposes, and while the refrigerator's failure could violate this, the question centers on the salesperson's specific statement, making the express warranty the stronger claim. The implied warranty of fitness for a particular purpose is also incorrect because there is no evidence that the buyer communicated a specific purpose that required the seller's expertise. Lastly, the absence of a written contract term does not negate the creation of an express warranty because warranties can be oral.
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