Legal Environment of Business 8th Edition by Henry Cheeseman

Exercise 3

Implied Warranty of Fitness for a Particular Purpose Felicitas Garnica sought to purchase a vehicle capable of towing a 23-foot Airstream trailer she had on order. She went to Mack Massey Motors, Inc. (Massey Motors), to inquire about purchasing a Jeep Cherokee that was manufactured by Jeep Eagle. After Garnica explained her requirements to the sales manager, he called the Airstream dealer concerning the specifications of the trailer Garnica was purchasing. The sales manager advised Garnica that the Jeep Cherokee could do the job of pulling the trailer. After purchasing the vehicle, Garnica claimed that it did not have sufficient power to pull the trailer. She brought the Jeep Cherokee back to Massey Motors several times for repairs for a slipping transmission. Eventually, she was told to go to another dealer. The drive shaft on the Jeep Cherokee twisted apart at 7,229 miles. Garnica sued Massey Motors and Jeep Eagle for damages, alleging breach of the implied warranty of fitness for a particular purpose. Have the defendants made and breached an implied warranty of fitness for a particular purpose? Mack Massey Motors, Inc. v. Garnica, 814 S.W.2d 167, Web 1991 Tex. Lexis 1814 (Court of Appeals of Texas)