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Gianna Buys a Toaster That Shocks Her When She Plugs

Question 81

Multiple Choice

Gianna buys a toaster that shocks her when she plugs it into an outlet. She returns it to the store and is told that the seller does not provide warranties and that she would have to return it to the overseas manufacturer. The postage to return it to the manufacturer would amount to more than the toaster is worth. Gianna believes that is ridiculous. Who is correct under the UCC and why?


A) Gianna is correct because by selling the toaster, the seller made an implied warranty of merchantability.
B) Gianna is correct because by selling the toaster, the seller made an express warranty.
C) Gianna is correct because by selling the toaster, the seller made an implied warranty of fitness for a particular purpose.
D) The seller is correct because only the manufacturer is responsible for warranties on consumer goods.
E) The seller is correct because while the seller is responsible for warranties for consumer goods costing in excess of $500, only the manufacturer is responsible for lower-priced consumer goods.

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