Cengage Advantage Books: Introduction to Business Law 4th Edition by Timothy Koch, Jeffrey Beatty, Jeffrey Beatty, Susan Samuelson, Susan Samuelson

Exercise 10

YOU BE THE JUDGE: WRITING PROBLEM United Technologies advertised a used Beechcraft Baron airplane for sale in an aviation journal. Attorney Thompson Comerford spoke with a United agent who described the plane as "excellently maintained" and said it had been operated "under §135 flight regulations," meaning the plane had been subject to airworthiness inspections every 100 hours. Comerford arrived at a Dallas airport to pick up the plane, where he paid $80,000 for it. He signed a sales agreement stating that the plane was sold "as is" and that there were "no representations or warranties, express or implied, including the condition of the aircraft, its merchantability, or its fitness for any particular purpose." Comerford attempted to fly the plane home but immediately experienced problems with its brakes, steering, ability to climb, and performance while cruising. (Otherwise, it was fine.) He sued, claiming breach of express and implied warranties. Did United Technologies breach express or implied warranties Argument for Comerford: United described the airplane as "excellently maintained," knowing that Mr. Comerford would rely. The company should not be allowed to say one thing and put the opposite in writing. Argument for United Technologies: Comerford is a lawyer, and we assume he can read. The contract clearly stated that the plane was sold as is. There were no warranties.